Public Act 099-0006

SB0096 Enrolled LRB099 04130 HAF 24150 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

ARTICLE I

Section 1-5. The Attorney General Act is amended by

changing Section 6.5 as follows:

(15 ILCS 205/6.5)

Sec. 6.5. Consumer Utilities Unit.

(a) The General Assembly finds that the health, welfare,

and prosperity of all Illinois citizens, and the public's

interest in adequate, safe, reliable, cost-effective electric,

natural gas, water, cable, video, and telecommunications

services, requires effective public representation by the

Attorney General to protect the rights and interests of the

public in the provision of all elements of electric, natural

gas, water, cable, video, and telecommunications service both

during and after the transition to a competitive market, and

that to ensure that the benefits of competition in the

provision of electric, natural gas, water, cable, video, and

telecommunications services to all consumers are attained,

there shall be created within the Office of the Attorney

General a Consumer Utilities Unit.

(b) As used in this Section: "Electric services" means

services sold by an electric service provider. "Electric

service provider" shall mean anyone who sells, contracts to

sell, or markets electric power, generation, distribution,

transmission, or services (including metering and billing) in

connection therewith. Electric service providers shall include

any electric utility and any alternative retail electric

supplier as defined in Section 16-102 of the Public Utilities

Act.

(b-5) As used in this Section: "Telecommunications

services" means services sold by a telecommunications carrier,

as provided for in Section 13-203 of the Public Utilities Act.

"Telecommunications carrier" means anyone who sells, contracts

to sell, or markets telecommunications services, whether

noncompetitive or competitive, including access services,

interconnection services, or any services in connection

therewith. Telecommunications carriers include any carrier as

defined in Section 13-202 of the Public Utilities Act.

(b-10) As used in this Section, "natural gas services"

means natural gas services sold by a "gas utility" or by an

"alternative gas supplier", as those terms are defined in

Section 19-105 of the Public Utilities Act.

(b-15) As used in this Section, "water services" means

services sold by any corporation, company, limited liability

company, association, joint stock company or association,

firm, partnership, or individual, its lessees, trustees, or

receivers appointed by any court and that owns, controls,

operates, or manages within this State, directly or indirectly,

for public use, any plant, equipment, or property used or to be

used for or in connection with (i) the production, storage,

transmission, sale, delivery, or furnishing of water or (ii)

the treatment, storage, transmission, disposal, sale of

services, delivery, or furnishing of sewage or sewage services.

(b-20) As used in this Section, "cable service and video

service" means services sold by anyone who sells, contracts to

sell, or markets cable services or video services pursuant to a

State-issued authorization under the Cable and Video

Competition Law of 2007.

(c) There is created within the Office of the Attorney

General a Consumer Utilities Unit, consisting of Assistant

Attorneys General appointed by the Attorney General, who,

together with such other staff as is deemed necessary by the

Attorney General, shall have the power and duty on behalf of

the people of the State to intervene in, initiate, enforce, and

defend all legal proceedings on matters relating to the

provision, marketing, and sale of electric, natural gas, water,

cable, video, and telecommunications service whenever the

Attorney General determines that such action is necessary to

promote or protect the rights and interests of all Illinois

citizens, classes of customers, and users of electric, natural

gas, water, cable, video, and telecommunications services.

(d) In addition to the investigative and enforcement powers

available to the Attorney General, including without

limitation those under the Consumer Fraud and Deceptive

Business Practices Act, the Illinois Antitrust Act, and any

other law of this State, the Attorney General shall be a party

as a matter of right to all proceedings, investigations, and

related matters involving the provision of electric, natural

gas, water, cable, video, and telecommunications services

before the Illinois Commerce Commission, the courts, and other

public bodies. Upon request, the Office of the Attorney General

shall have access to and the use of all files, records, data,

and documents in the possession or control of the Commission.

The Office of the Attorney General may use information obtained

under this Section, including information that is designated as

and that qualifies for confidential treatment, which

information the Attorney General's office shall maintain as

confidential, to be used for law enforcement purposes only,

which information may be shared with other law enforcement

officials. Nothing in this Section is intended to take away or

limit any of the powers the Attorney General has pursuant to

common law or other statutory law.

(Source: P.A. 94-291, eff. 7-21-05; 95-9, eff. 6-30-07; 95-876,

eff. 8-21-08.)

Section 1-10. The Department of State Police Law of the

Civil Administrative Code of Illinois is amended by changing

Section 2605-25 and by adding Section 2605-52 as follows:

(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)

Sec. 2605-25. Department divisions. The Department is

divided into the Illinois State Police Academy, the Office of

the Statewide 9-1-1 Administrator, and 4 divisions: the

Division of Operations, the Division of Forensic Services, the

Division of Administration, and the Division of Internal

Investigation. Beginning on July 1, 2015, there shall be the

Division of the Statewide 9-1-1 Administrator within the

Department of State Police to develop, implement, and oversee a

uniform statewide 9-1-1 system for all areas of the State

outside of municipalities having a population of more than

500,000.

(Source: P.A. 98-634, eff. 6-6-14.)

(20 ILCS 2605/2605-52 new)

Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.

(a) There shall be established an Office of the Statewide

9-1-1 Administrator within the Department. Beginning January

1, 2016, the Office of the Statewide 9-1-1 Administrator shall

be responsible for developing, implementing, and overseeing a

uniform statewide 9-1-1 system for all areas of the State

outside of municipalities having a population over 500,000.

(b) The Governor shall appoint, with the advice and consent

of the Senate, a Statewide 9-1-1 Administrator. The

Administrator shall serve for a term of 2 years, and until a

successor is appointed and qualified; except that the term of

the first 9-1-1 Administrator appointed under this Act shall

expire on the third Monday in January, 2017. The Administrator

shall not hold any other remunerative public office. The

Administrator shall receive an annual salary as set by the

Governor.

Section 1-15. The State Finance Act is amended by adding

Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The Illinois Telecommunications Access

Corporation Fund.

Section 1-20. The Emergency Telephone System Act is amended

by changing Section 15.3 and by adding Sections 19, 75, and 99

as follows:

(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)

Sec. 15.3. Local non-wireless surcharge Surcharge.

(a) Except as provided in subsection (l) of this Section,

the The corporate authorities of any municipality or any county

may, subject to the limitations of subsections (c), (d), and

(h), and in addition to any tax levied pursuant to the

Simplified Municipal Telecommunications Tax Act, impose a

monthly surcharge on billed subscribers of network connection

provided by telecommunication carriers engaged in the business

of transmitting messages by means of electricity originating

within the corporate limits of the municipality or county

imposing the surcharge at a rate per network connection

determined in accordance with subsection (c), however the

monthly surcharge shall not apply to a network connection

provided for use with pay telephone services. Provided,

however, that where multiple voice grade communications

channels are connected between the subscriber's premises and a

public switched network through private branch exchange (PBX)

or centrex type service, a municipality imposing a surcharge at

a rate per network connection, as determined in accordance with

this Act, shall impose:

(i) in a municipality with a population of 500,000 or

less or in any county, 5 such surcharges per network

connection, as determined in accordance with subsections

(a) and (d) of Section 2.12 of this Act, for both regular

service and advanced service provisioned trunk lines;

(ii) in a municipality with a population, prior to

March 1, 2010, of 500,000 or more, 5 surcharges per network

connection, as determined in accordance with subsections

(a) and (d) of Section 2.12 of this Act, for both regular

service and advanced service provisioned trunk lines;

(iii) in a municipality with a population, as of March

1, 2010, of 500,000 or more, 5 surcharges per network

connection, as determined in accordance with subsections

(a) and (d) of Section 2.12 of this Act, for regular

service provisioned trunk lines, and 12 surcharges per

network connection, as determined in accordance with

subsections (a) and (d) of Section 2.12 of this Act, for

advanced service provisioned trunk lines, except where an

advanced service provisioned trunk line supports at least 2

but fewer than 23 simultaneous voice grade calls ("VGC's"),

a telecommunication carrier may elect to impose fewer than

12 surcharges per trunk line as provided in subsection (iv)

of this Section; or

(iv) for an advanced service provisioned trunk line

connected between the subscriber's premises and the public

switched network through a P.B.X., where the advanced

service provisioned trunk line is capable of transporting

at least 2 but fewer than 23 simultaneous VGC's per trunk

line, the telecommunications carrier collecting the

surcharge may elect to impose surcharges in accordance with

the table provided in this Section, without limiting any

telecommunications carrier's obligations to otherwise keep

and maintain records. Any telecommunications carrier

electing to impose fewer than 12 surcharges per an advanced

service provisioned trunk line shall keep and maintain

records adequately to demonstrate the VGC capability of

each advanced service provisioned trunk line with fewer

than 12 surcharges imposed, provided that 12 surcharges

shall be imposed on an advanced service provisioned trunk

line regardless of the VGC capability where a

telecommunications carrier cannot demonstrate the VGC

capability of the advanced service provisioned trunk line.

Facility VGC's 911 Surcharges Advanced service provisioned trunk line 18-23 12 Advanced service provisioned trunk line 12-17 10 Advanced service provisioned trunk line 2-11 8

Subsections (i), (ii), (iii), and (iv) are not intended to

make any change in the meaning of this Section, but are

intended to remove possible ambiguity, thereby confirming the

intent of paragraph (a) as it existed prior to and following

the effective date of this amendatory Act of the 97th General

Assembly.

For mobile telecommunications services, if a surcharge is

imposed it shall be imposed based upon the municipality or

county that encompasses the customer's place of primary use as

defined in the Mobile Telecommunications Sourcing Conformity

Act. A municipality may enter into an intergovernmental

agreement with any county in which it is partially located,

when the county has adopted an ordinance to impose a surcharge

as provided in subsection (c), to include that portion of the

municipality lying outside the county in that county's

surcharge referendum. If the county's surcharge referendum is

approved, the portion of the municipality identified in the

intergovernmental agreement shall automatically be

disconnected from the county in which it lies and connected to

the county which approved the referendum for purposes of a

surcharge on telecommunications carriers.

(b) For purposes of computing the surcharge imposed by

subsection (a), the network connections to which the surcharge

shall apply shall be those in-service network connections,

other than those network connections assigned to the

municipality or county, where the service address for each such

network connection or connections is located within the

corporate limits of the municipality or county levying the

surcharge. Except for mobile telecommunication services, the

"service address" shall mean the location of the primary use of

the network connection or connections. For mobile

telecommunication services, "service address" means the

customer's place of primary use as defined in the Mobile

Telecommunications Sourcing Conformity Act.

(c) Upon the passage of an ordinance to impose a surcharge

under this Section the clerk of the municipality or county

shall certify the question of whether the surcharge may be

imposed to the proper election authority who shall submit the

public question to the electors of the municipality or county

in accordance with the general election law; provided that such

question shall not be submitted at a consolidated primary

election. The public question shall be in substantially the

following form:

-------------------------------------------------------------

Shall the county (or city, village

or incorporated town) of ..... impose YES

a surcharge of up to ...¢ per month per

network connection, which surcharge will

be added to the monthly bill you receive ------------------

for telephone or telecommunications

charges, for the purpose of installing

(or improving) a 9-1-1 Emergency NO

Telephone System?

-------------------------------------------------------------

If a majority of the votes cast upon the public question

are in favor thereof, the surcharge shall be imposed.

However, if a Joint Emergency Telephone System Board is to

be created pursuant to an intergovernmental agreement under

Section 15.4, the ordinance to impose the surcharge shall be

subject to the approval of a majority of the total number of

votes cast upon the public question by the electors of all of

the municipalities or counties, or combination thereof, that

are parties to the intergovernmental agreement.

The referendum requirement of this subsection (c) shall not

apply to any municipality with a population over 500,000 or to

any county in which a proposition as to whether a sophisticated

9-1-1 Emergency Telephone System should be installed in the

county, at a cost not to exceed a specified monthly amount per

network connection, has previously been approved by a majority

of the electors of the county voting on the proposition at an

election conducted before the effective date of this amendatory

Act of 1987.

(d) A county may not impose a surcharge, unless requested

by a municipality, in any incorporated area which has

previously approved a surcharge as provided in subsection (c)

or in any incorporated area where the corporate authorities of

the municipality have previously entered into a binding

contract or letter of intent with a telecommunications carrier

to provide sophisticated 9-1-1 service through municipal

funds.

(e) A municipality or county may at any time by ordinance

change the rate of the surcharge imposed under this Section if

the new rate does not exceed the rate specified in the

referendum held pursuant to subsection (c).

(f) The surcharge authorized by this Section shall be

collected from the subscriber by the telecommunications

carrier providing the subscriber the network connection as a

separately stated item on the subscriber's bill.

(g) The amount of surcharge collected by the

telecommunications carrier shall be paid to the particular

municipality or county or Joint Emergency Telephone System

Board not later than 30 days after the surcharge is collected,

net of any network or other 9-1-1 or sophisticated 9-1-1 system

charges then due the particular telecommunications carrier, as

shown on an itemized bill. The telecommunications carrier

collecting the surcharge shall also be entitled to deduct 3% of

the gross amount of surcharge collected to reimburse the

telecommunications carrier for the expense of accounting and

collecting the surcharge.

(h) Except as expressly provided in subsection (a) of this

Section, on or after the effective date of this amendatory Act

of the 98th General Assembly and until July 1, 2017 2015, a

municipality with a population of 500,000 or more shall not

impose a monthly surcharge per network connection in excess of

the highest monthly surcharge imposed as of January 1, 2014 by

any county or municipality under subsection (c) of this

Section. On or after July 1, 2017 2015, a municipality with a

population over 500,000 may not impose a monthly surcharge in

excess of $2.50 per network connection.

(i) Any municipality or county or joint emergency telephone

system board that has imposed a surcharge pursuant to this

Section prior to the effective date of this amendatory Act of

1990 shall hereafter impose the surcharge in accordance with

subsection (b) of this Section.

(j) The corporate authorities of any municipality or county

may issue, in accordance with Illinois law, bonds, notes or

other obligations secured in whole or in part by the proceeds

of the surcharge described in this Section. Notwithstanding any

change in law subsequent to the issuance of any bonds, notes or

other obligations secured by the surcharge, every municipality

or county issuing such bonds, notes or other obligations shall

be authorized to impose the surcharge as though the laws

relating to the imposition of the surcharge in effect at the

time of issuance of the bonds, notes or other obligations were

in full force and effect until the bonds, notes or other

obligations are paid in full. The State of Illinois pledges and

agrees that it will not limit or alter the rights and powers

vested in municipalities and counties by this Section to impose

the surcharge so as to impair the terms of or affect the

security for bonds, notes or other obligations secured in whole

or in part with the proceeds of the surcharge described in this

Section. The pledge and agreement set forth in this Section

survive the termination of the surcharge under subsection (l)

by virtue of the replacement of the surcharge monies guaranteed

under Section 20; the State of Illinois pledges and agrees that

it will not limit or alter the rights vested in municipalities

and counties to the surcharge replacement funds guaranteed

under Section 20 so as to impair the terms of or affect the

security for bonds, notes or other obligations secured in whole

or in part with the proceeds of the surcharge described in this

Section.

(k) Any surcharge collected by or imposed on a

telecommunications carrier pursuant to this Section shall be

held to be a special fund in trust for the municipality, county

or Joint Emergency Telephone Board imposing the surcharge.

Except for the 3% deduction provided in subsection (g) above,

the special fund shall not be subject to the claims of

creditors of the telecommunication carrier.

(l) On and after the effective date of this amendatory Act

of the 99th General Assembly, no county or municipality, other

than a municipality with a population over 500,000, may impose

a monthly surcharge under this Section in excess of the amount

imposed by it on the effective date of this Act. Any surcharge

imposed pursuant to this Section by a county or municipality,

other than a municipality with a population in excess of

500,000, shall cease to be imposed on January 1, 2016.

(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)

(50 ILCS 750/19 new)

Sec. 19. Statewide 9-1-1 Advisory Board.

(a) Beginning July 1, 2015, there is created the Statewide

9-1-1 Advisory Board within the Department of State Police. The

Board shall consist of the following 11 voting members:

(1) The Director of the State Police, or his or her

designee, who shall serve as chairman.

(2) The Executive Director of the Commission, or his or

her designee.

(3) Nine members appointed by the Governor as follows:

(A) one member representing the Illinois chapter

of the National Emergency Number Association, or his or

her designee;

(B) one member representing the Illinois chapter

of the Association of Public-Safety Communications

Officials, or his or her designee;

(C) one member representing a county 9-1-1 system

from a county with a population of less than 50,000;

(D) one member representing a county 9-1-1 system

from a county with a population between 50,000 and

250,000;

(E) one member representing a county 9-1-1 system

from a county with a population of more than 250,000;

(F) one member representing a municipality with a

population of less than 500,000 in a county with a

population in excess of 2,000,000;

(G) one member representing the Illinois

Association of Chiefs of Police;

(H) one member representing the Illinois Sheriffs'

Association; and

(I) one member representing the Illinois Fire

Chiefs Association.

The Governor shall appoint the following non-voting

members: (i) one member representing an incumbent local

exchange 9-1-1 system provider; (ii) one member representing a

non-incumbent local exchange 9-1-1 system provider; (iii) one

member representing a large wireless carrier; (iv) one member

representing a small wireless carrier; and (v) one member

representing the Illinois Telecommunications Association.

(b) The Governor shall make initial appointments to the

Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the

voting members appointed by the Governor shall serve an initial

term of 2 years, and the remaining voting members appointed by

the Governor shall serve an initial term of 3 years.

Thereafter, each appointment by the Governor shall be for a

term of 3 years. Non-voting members shall serve for a term of 3

years. Vacancies shall be filled in the same manner as the

original appointment. Persons appointed to fill a vacancy shall

serve for the balance of the unexpired term.

Members of the Statewide 9-1-1 Advisory Board shall serve

without compensation.

(c) The 9-1-1 Services Advisory Board, as constituted on

June 1, 2015 without the legislative members, shall serve in

the role of the Statewide 9-1-1 Advisory Board until all

appointments of voting members have been made by the Governor

under subsection (a) of this Section.

(d) The Statewide 9-1-1 Advisory Board shall:

(1) advise the Department of State Police and the

Statewide 9-1-1 Administrator on the oversight of 9-1-1

systems and the development and implementation of a uniform

statewide 9-1-1 system;

(2) make recommendations to the Governor and the

General Assembly regarding improvements to 9-1-1 services

throughout the State; and

(3) exercise all other powers and duties provided in

this Act.

(e) The Statewide 9-1-1 Advisory Board shall submit to the

General Assembly a report by March 1 of each year providing an

update on the transition to a statewide 9-1-1 system and

recommending any legislative action.

(f) The Department of State Police shall provide

administrative support to the Statewide 9-1-1 Advisory Board.

(50 ILCS 750/75 new)

Sec. 75. Transfer of rights, functions, powers, duties, and

property to Department of State Police; rules and standards;

savings provisions.

(a) On January 1, 2016, the rights, functions, powers, and

duties of the Illinois Commerce Commission as set forth in this

Act and the Wireless Emergency Telephone Safety Act existing

prior to January 1, 2016, are transferred to and shall be

exercised by the Department of State Police. On or before

January 1, 2016, the Commission shall transfer and deliver to

the Department all books, records, documents, property (real

and personal), unexpended appropriations, and pending business

pertaining to the rights, powers, duties, and functions

transferred to the Department under this amendatory Act of the

99th General Assembly.

(b) The rules and standards of the Commission that are in

effect on January 1, 2016 and that pertain to the rights,

powers, duties, and functions transferred to the Department

under this amendatory Act of the 99th General Assembly shall

become the rules and standards of the Department on January 1,

2016, and shall continue in effect until amended or repealed by

the Department.

Any rules pertaining to the rights, powers, duties, and

functions transferred to the Department under this amendatory

Act of the 99th General Assembly that have been proposed by the

Commission but have not taken effect or been finally adopted by

January 1, 2016, shall become proposed rules of the Department

on January 1, 2016, and any rulemaking procedures that have

already been completed by the Commission for those proposed

rules need not be repealed.

As soon as it is practical after January 1, 2016, the

Department shall revise and clarify the rules transferred to it

under this amendatory Act of the 99th General Assembly to

reflect the transfer of rights, powers, duties, and functions

effected by this amendatory Act of the 99th General Assembly

using the procedures for recodification of rules available

under the Illinois Administrative Procedure Act, except that

existing title, part, and section numbering for the affected

rules may be retained. The Department may propose and adopt

under the Illinois Administrative Procedure Act any other rules

necessary to consolidate and clarify those rules.

(c) The rights, powers, duties, and functions transferred

to the Department by this amendatory Act of the 99th General

Assembly shall be vested in and exercised by the Department

subject to the provisions of this Act and the Wireless

Emergency Telephone Safety Act. An act done by the Department

or an officer, employee, or agent of the Department in the

exercise of the transferred rights, powers, duties, and

functions shall have the same legal effect as if done by the

Commission or an officer, employee, or agent of the Commission.

The transfer of rights, powers, duties, and functions to

the Department under this amendatory Act of the 99th General

Assembly does not invalidate any previous action taken by or in

respect to the Commission, its officers, employees, or agents.

References to the Commission or its officers, employees, or

agents in any document, contract, agreement, or law shall, in

appropriate contexts, be deemed to refer to the Department or

its officers, employees, or agents.

The transfer of rights, powers, duties, and functions to

the Department under this amendatory Act of the 99th General

Assembly does not affect any person's rights, obligations, or

duties, including any civil or criminal penalties applicable

thereto, arising out of those transferred rights, powers,

duties, and functions.

This amendatory Act of the 99th General Assembly does not

affect any act done, ratified, or cancelled, any right

occurring or established, or any action or proceeding commenced

in an administrative, civil, or criminal case before January 1,

2016. Any such action or proceeding that pertains to a right,

power, duty, or function transferred to the Department under

this amendatory Act of the 99th General Assembly that is

pending on that date may be prosecuted, defended, or continued

by the Commission.

For the purposes of Section 9b of the State Finance Act,

the Department is the successor to the Commission with respect

to the rights, duties, powers, and functions transferred by

this amendatory Act of the 99th General Assembly.

(c) The Department is authorized to enter into an

intergovernmental agreement with the Commission for the

purpose of having the Commission assist the Department and the

Statewide 9-1-1 Administrator in carrying out their duties and

functions under this Act. The agreement may provide for funding

for the Commission for its assistance to the Department and the

Statewide 9-1-1 Administrator.

(50 ILCS 750/99 new)

Sec. 99. Repealer. This Act is repealed on July 1, 2017.

Section 1-25. The Wireless Emergency Telephone Safety Act

is amended by changing Sections 27, 45, and 70 as follows:

(50 ILCS 751/27)

(Section scheduled to be repealed on July 1, 2015)

Sec. 27. Financial reports.

(a) The Illinois Commerce Commission shall create uniform

accounting procedures, with such modification as may be

required to give effect to statutory provisions applicable only

to municipalities with a population in excess of 500,000, that

any emergency telephone system board, qualified governmental

entity, or unit of local government described in Section 15 of

this Act and Section 15.4 of the Emergency Telephone System Act

or any entity imposing a wireless surcharge pursuant to Section

45 of this Act must follow.

(b) By October 1, 2014, each emergency telephone system

board, qualified governmental entity, or unit of local

government described in Section 15 of this Act and Section 15.4

of the Emergency Telephone System Act or any entity imposing a

wireless surcharge pursuant to Section 45 of this Act shall

report to the Illinois Commerce Commission audited financial

statements showing total revenue and expenditures for each of

the last two of its fiscal years in a form and manner as

prescribed by the Illinois Commerce Commission's Manager of

Accounting. Such financial information shall include:

(1) a detailed summary of revenue from all sources

including, but not limited to, local, State, federal, and

private revenues, and any other funds received;

(2) operating expenses, capital expenditures, and cash

balances; and

(3) such other financial information that is relevant

to the provision of 9-1-1 services as determined by the

Illinois Commerce Commission's Manager of Accounting.

The emergency telephone system board, qualified

governmental entity, or unit of local government is responsible

for any costs associated with auditing such financial

statements. The Illinois Commerce Commission shall post the

audited financial statements on the Commission's website.

(c) By October 1, 2015 January 31, 2016 and each year

thereafter, each emergency telephone system board, qualified

governmental entity, or unit of local government described in

Section 15 of this Act and Section 15.4 of the Emergency

Telephone System Act or any entity imposing a wireless

surcharge pursuant to Section 45 of this Act shall report to

the Illinois Commerce Commission audited annual financial

statements showing total revenue and expenditures in a form and

manner as prescribed by the Illinois Commerce Commission's

Manager of Accounting.

The emergency telephone system board, qualified

governmental entity, or unit of local government is responsible

for any costs associated with auditing such financial

statements.

The Illinois Commerce Commission shall post each entity's

individual audited annual financial statements on the

Commission's website.

(d) If an emergency telephone system board or qualified

governmental entity that receives funds from the Wireless

Service Emergency Fund fails to file the 9-1-1 system financial

reports as required under this Section, the Illinois Commerce

Commission shall suspend and withhold monthly grants otherwise

due to the emergency telephone system board or qualified

governmental entity under Section 25 of this Act until the

report is filed.

Any monthly grants that have been withheld for 12 months or

more shall be forfeited by the emergency telephone system board

or qualified governmental entity and shall be distributed

proportionally by the Illinois Commerce Commission to

compliant emergency telephone system boards and qualified

governmental entities that receive funds from the Wireless

Service Emergency Fund.

(e) The Illinois Commerce Commission may adopt emergency

rules necessary to carry out the provisions of this Section.

(Source: P.A. 98-634, eff. 6-6-14.)

(50 ILCS 751/45)

(Section scheduled to be repealed on July 1, 2015)

Sec. 45. Continuation of current practices.

(a) Notwithstanding any other provision of this Act, a unit

of local government or emergency telephone system board

providing wireless 9-1-1 service and imposing and collecting a

wireless carrier surcharge prior to July 1, 1998 may continue

its practices of imposing and collecting its wireless carrier

surcharge, but, except as provided in subsection (b) of this

Section, in no event shall that monthly surcharge exceed $2.50

per commercial mobile radio service (CMRS) connection or

in-service telephone number billed on a monthly basis. For

mobile telecommunications services provided on and after

August 1, 2002, any surcharge imposed shall be imposed based

upon the municipality or county that encompasses the customer's

place of primary use as defined in the Mobile

Telecommunications Sourcing Conformity Act.

(b) On or after the effective date of this amendatory Act

of the 98th General Assembly and until July 1, 2017 2015, the

corporate authorities of a municipality with a population in

excess of 500,000 on the effective date of this amendatory Act

may by ordinance impose and collect a monthly surcharge per

commercial mobile radio service (CMRS) connection or

in-service telephone number billed on a monthly basis that does

not exceed the highest monthly surcharge imposed as of January

1, 2014 by any county or municipality under subsection (c) of

Section 15.3 of the Emergency Telephone System Act. On or after

July 1, 2017 2015, the municipality may continue imposing and

collecting its wireless carrier surcharge as provided in and

subject to the limitations of subsection (a) of this Section.

(c) In addition to any other lawful purpose, a municipality

with a population over 500,000 may use the moneys collected

under this Section for any anti-terrorism or emergency

preparedness measures, including, but not limited to,

preparedness planning, providing local matching funds for

federal or State grants, personnel training, and specialized

equipment, including surveillance cameras as needed to deal

with natural and terrorist-inspired emergency situations or

events.

(Source: P.A. 98-634, eff. 6-6-14.)

(50 ILCS 751/70)

(Section scheduled to be repealed on July 1, 2015)

Sec. 70. Repealer. This Act is repealed on December 31 July

1, 2015.

(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13;

98-634, eff. 6-6-14.)

Section 1-30. The Prepaid Wireless 9-1-1 Surcharge Act is

amended by changing Section 15 as follows:

(50 ILCS 753/15)

Sec. 15. Prepaid wireless 9-1-1 surcharge.

(a) Until September 30, 2015, there There is hereby imposed

on consumers a prepaid wireless 9-1-1 surcharge of 1.5% per

retail transaction. Beginning October 1, 2015, the prepaid

wireless 9-1-1 surcharge shall be 3% per retail transaction.

The surcharge authorized by this subsection (a) does not apply

in a home rule municipality having a population in excess of

500,000. The amount of the surcharge may be reduced or

increased pursuant to subsection (e).

(a-5) On or after the effective date of this amendatory Act

of the 98th General Assembly and until July 1, 2017 2015, a

home rule municipality having a population in excess of 500,000

on the effective date of this amendatory Act may impose a

prepaid wireless 9-1-1 surcharge not to exceed 9% per retail

transaction sourced to that jurisdiction and collected and

remitted in accordance with the provisions of subsection (b-5)

of this Section. On or after July 1, 2017 2015, a home rule

municipality having a population in excess of 500,000 on the

effective date of this Act may only impose a prepaid wireless

9-1-1 surcharge not to exceed 7% per retail transaction sourced

to that jurisdiction and collected and remitted in accordance

with the provisions of subsection (b-5).

(b) The prepaid wireless 9-1-1 surcharge shall be collected

by the seller from the consumer with respect to each retail

transaction occurring in this State and shall be remitted to

the Department by the seller as provided in this Act. The

amount of the prepaid wireless 9-1-1 surcharge shall be

separately stated as a distinct item apart from the charge for

the prepaid wireless telecommunications service on an invoice,

receipt, or other similar document that is provided to the

consumer by the seller or shall be otherwise disclosed to the

consumer. If the seller does not separately state the surcharge

as a distinct item to the consumer as provided in this Section,

then the seller shall maintain books and records as required by

this Act which clearly identify the amount of the 9-1-1

surcharge for retail transactions.

For purposes of this subsection (b), a retail transaction

occurs in this State if (i) the retail transaction is made in

person by a consumer at the seller's business location and the

business is located within the State; (ii) the seller is a

provider and sells prepaid wireless telecommunications service

to a consumer located in Illinois; (iii) the retail transaction

is treated as occurring in this State for purposes of the

Retailers' Occupation Tax Act; or (iv) a seller that is

included within the definition of a "retailer maintaining a

place of business in this State" under Section 2 of the Use Tax

Act makes a sale of prepaid wireless telecommunications service

to a consumer located in Illinois. In the case of a retail

transaction which does not occur in person at a seller's

business location, if a consumer uses a credit card to purchase

prepaid wireless telecommunications service on-line or over

the telephone, and no product is shipped to the consumer, the

transaction occurs in this State if the billing address for the

consumer's credit card is in this State.

(b-5) The prepaid wireless 9-1-1 surcharge imposed under

subsection (a-5) of this Section shall be collected by the

seller from the consumer with respect to each retail

transaction occurring in the municipality imposing the

surcharge. The amount of the prepaid wireless 9-1-1 surcharge

shall be separately stated on an invoice, receipt, or other

similar document that is provided to the consumer by the seller

or shall be otherwise disclosed to the consumer. If the seller

does not separately state the surcharge as a distinct item to

the consumer as provided in this Section, then the seller shall

maintain books and records as required by this Act which

clearly identify the amount of the 9-1-1 surcharge for retail

transactions.

For purposes of this subsection (b-5), a retail transaction

occurs in the municipality if (i) the retail transaction is

made in person by a consumer at the seller's business location

and the business is located within the municipality; (ii) the

seller is a provider and sells prepaid wireless

telecommunications service to a consumer located in the

municipality; (iii) the retail transaction is treated as

occurring in the municipality for purposes of the Retailers'

Occupation Tax Act; or (iv) a seller that is included within

the definition of a "retailer maintaining a place of business

in this State" under Section 2 of the Use Tax Act makes a sale

of prepaid wireless telecommunications service to a consumer

located in the municipality. In the case of a retail

transaction which does not occur in person at a seller's

business location, if a consumer uses a credit card to purchase

prepaid wireless telecommunications service on-line or over

the telephone, and no product is shipped to the consumer, the

transaction occurs in the municipality if the billing address

for the consumer's credit card is in the municipality.

(c) The prepaid wireless 9-1-1 surcharge is imposed on the

consumer and not on any provider. The seller shall be liable to

remit all prepaid wireless 9-1-1 surcharges that the seller

collects from consumers as provided in Section 20, including

all such surcharges that the seller is deemed to collect where

the amount of the surcharge has not been separately stated on

an invoice, receipt, or other similar document provided to the

consumer by the seller. The surcharge collected or deemed

collected by a seller shall constitute a debt owed by the

seller to this State, and any such surcharge actually collected

shall be held in trust for the benefit of the Department.

For purposes of this subsection (c), the surcharge shall

not be imposed or collected from entities that have an active

tax exemption identification number issued by the Department

under Section 1g of the Retailers' Occupation Tax Act.

(d) The amount of the prepaid wireless 9-1-1 surcharge that

is collected by a seller from a consumer, if such amount is

separately stated on an invoice, receipt, or other similar

document provided to the consumer by the seller, shall not be

included in the base for measuring any tax, fee, surcharge, or

other charge that is imposed by this State, any political

subdivision of this State, or any intergovernmental agency.

(e) (Blank). The prepaid wireless 9-1-1 charge imposed

under subsection (a) of this Section shall be proportionately

increased or reduced, as applicable, upon any change to the

surcharge imposed under Section 17 of the Wireless Emergency

Telephone Safety Act. The adjusted rate shall be determined by

dividing the amount of the surcharge imposed under Section 17

of the Wireless Emergency Telephone Safety Act by $50. Such

increase or reduction shall be effective on the first day of

the first calendar month to occur at least 60 days after the

enactment of the change to the surcharge imposed under Section

17 of the Wireless Emergency Telephone Safety Act. The

Department shall provide not less than 30 days' notice of an

increase or reduction in the amount of the surcharge on the

Department's website.

(e-5) Any changes in the rate of the surcharge imposed by a

municipality under the authority granted in subsection (a-5) of

this Section shall be effective on the first day of the first

calendar month to occur at least 60 days after the enactment of

the change. The Department shall provide not less than 30 days'

notice of the increase or reduction in the rate of such

surcharge on the Department's website.

(f) When prepaid wireless telecommunications service is

sold with one or more other products or services for a single,

non-itemized price, then the percentage specified in

subsection (a) or (a-5) of this Section 15 shall be applied to

the entire non-itemized price unless the seller elects to apply

the percentage to (i) the dollar amount of the prepaid wireless

telecommunications service if that dollar amount is disclosed

to the consumer or (ii) the portion of the price that is

attributable to the prepaid wireless telecommunications

service if the retailer can identify that portion by reasonable

and verifiable standards from its books and records that are

kept in the regular course of business for other purposes,

including, but not limited to, books and records that are kept

for non-tax purposes. However, if a minimal amount of prepaid

wireless telecommunications service is sold with a prepaid

wireless device for a single, non-itemized price, then the

seller may elect not to apply the percentage specified in

subsection (a) or (a-5) of this Section 15 to such transaction.

For purposes of this subsection, an amount of service

denominated as 10 minutes or less or $5 or less is considered

minimal.

(g) The prepaid wireless 9-1-1 surcharge imposed under

subsections (a) and (a-5) of this Section is not imposed on the

provider or the consumer for wireless Lifeline service where

the consumer does not pay the provider for the service. Where

the consumer purchases from the provider optional minutes,

texts, or other services in addition to the federally funded

Lifeline benefit, a consumer must pay the prepaid wireless

9-1-1 surcharge, and it must be collected by the seller

according to subsection (b-5).

(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12; 98-634,

eff. 6-6-14.)

Section 1-31. The Counties Code is amended by changing

Section 5-1095.1 as follows:

(55 ILCS 5/5-1095.1)

Sec. 5-1095.1. County franchise fee or service provider fee

review; requests for information.

(a) If pursuant to its franchise agreement with a community

antenna television system (CATV) operator, a county imposes a

franchise fee authorized by 47 U.S.C. 542 or if a community

antenna television system (CATV) operator providing cable or

video service in that county is required to pay the service

provider fees imposed by the Cable and Video Competition Law of

2007, then the county may conduct an audit of that CATV

operator's franchise fees or service provider fees derived from

the provision of cable and video services to subscribers within

the franchise area to determine whether the amount of franchise

fees or service provider fees paid by that CATV operator to the

county was accurate. Any audit conducted under this subsection

(a) shall determine, for a period of not more than 4 years

after the date the franchise fees or service provider fees were

due, any overpayment or underpayment to the county by the CATV

operator, and the amount due to the county or CATV operator is

limited to the net difference.

(b) Not more than once every 2 years, a county or its agent

that is authorized to perform an audit as set forth in

subsection (a) that has imposed a franchise fee authorized by

47 U.S.C. 542 may, subject to the limitations and protections

stated in the Local Government Taxpayers' Bill of Rights Act,

request information from the CATV operator in the format

maintained by the CATV operator in the ordinary course of its

business that the county reasonably requires in order to

perform an audit under subsection (a). The information that may

be requested by the county includes without limitation the

following:

(1) in an electronic format used by the CATV operator

in the ordinary course of its business, the database used

by the CATV operator to determine the amount of the

franchise fee or service provider fee due to the county;

and

(2) in a format used by the CATV operator in the

ordinary course of its business, summary data, as needed by

the county, to determine the CATV operator's franchise fees

or service provider fees derived from the provision of

cable and video services to subscribers within the CATV

operator's franchise area.

(c) The CATV operator must provide the information

requested under subsection (b) within:

(1) 60 days after the receipt of the request if the

population of the requesting county is 500,000 or less; or

(2) 90 days after the receipt of the request if the

population of the requesting county exceeds 500,000.

The time in which a CATV operator must provide the

information requested under subsection (b) may be extended by

written an agreement between the county or its agent and the

CATV operator.

(c-5) The county or its agent must provide an initial

report of its audit findings to the CATV operator no later than

90 days after the information set forth in subsection (b) of

this Section has been provided by the CATV operator. This

90-day timeline may be extended one time by written agreement

between the county or its agent and the CATV operator. However,

in no event shall an extension of time exceed 90 days. This

initial report of audit findings shall detail the basis of its

findings and provide, but not be limited to, the following

information: (i) any overpayments of franchise fees or service

provider fees, (ii) any underpayments of franchise fees or

service provider fees, (iii) all county addresses that should

be included in the CATV operator's database and attributable to

that county for determination of franchise fees or service

provider fees, and (iv) addresses that should not be included

in the CATV operator's database and addresses that are not

attributable to that county for determination of franchise fees

or service provider fees. Generally accepted auditing

standards shall be utilized by the county and its agents in its

review of information provided by the CATV operator.

(c-10) In the event that the county or its agent does not

provide the initial report of the audit findings to the CATV

operator with the timeframes set forth in subsection (c-5) of

this Section, then the audit shall be deemed completed and to

have conclusively found that there was no overpayment or

underpayment by the CATV operator during the 24 months prior to

the county or its agents requesting the information set forth

in subsection (b) of this Section.

(d) If an audit by the county or its agents finds an error

by the CATV operator in the amount of the franchise fees or

service provider fees paid by the CATV operator to the county,

then the county shall may notify the CATV operator of the

error. Any such notice must be given to the CATV operator by

the county or its agent within 90 days after the county or its

agent discovers the error, and no later than 4 years after the

date the franchise fee or service provider fee was due. Upon

such a notice, the CATV operator must submit a written response

within 60 days after receipt of the notice stating that the

CATV operator has corrected the error on a prospective basis or

stating the reason that the error is inapplicable or

inaccurate. The county or its agent then has 60 days after the

receipt of the CATV operator's response to review and contest

the conclusion of the CATV operator. No legal proceeding to

collect a deficiency or overpayment based upon an alleged error

shall be commenced unless within 180 days after the county's

notification of the error to the CATV operator the parties are

unable to agree on the disposition of the audit findings.

Any legal proceeding to collect a deficiency as set forth

in this subsection (d) shall be filed in the appropriate

circuit court.

(e) No CATV operator is liable for any error in past

franchise fee or service provider fee payments that was unknown

by the CATV operator prior to the audit process unless (i) the

error was due to negligence on the part of the CATV operator in

the collection or processing of required data and (ii) the

county had not failed to respond in writing in a timely manner

to any written request of the CATV operator to review and

correct information used by the CATV operator to calculate the

appropriate franchise fees or service provider fees if a

diligent review of such information by the county reasonably

could have been expected to discover such error.

(f) All account specific information provided by a CATV

operator under this Section may be used only for the purpose of

an audit conducted under this Section and the enforcement of

any franchise fee or service provider fee delinquent claim. All

such information must be held in strict confidence by the

county and its agents and may not be disclosed to the public

under the Freedom of Information Act or under any other similar

statutes allowing for or requiring public disclosure.

(f-5) All contracts by and between a county and a third

party for the purposes of conducting an audit as contemplated

in this Code shall be disclosed to the public under the Freedom

of Information Act or under similar statutes allowing for or

requiring public disclosure.

(g) For the purposes of this Section, "CATV operator" means

a person or entity that provides cable and video services under

a franchise agreement with a county pursuant to Section 5-1095

of the Counties Code and a holder authorized under Section

21-401 of the Cable and Video Competition Law of 2007 as

consistent with Section 21-901 of that Law.

(h) This Section does not apply to any action that was

commenced, to any complaint that was filed, or to any audit

that was commenced before the effective date of this amendatory

Act of the 96th General Assembly. This Section also does not

apply to any franchise agreement that was entered into before

the effective date of this amendatory Act of the 96th General

Assembly unless the franchise agreement contains audit

provisions but no specifics regarding audit procedures.

(i) The provisions of this Section shall not be construed

as diminishing or replacing any civil remedy available to a

county, taxpayer, or tax collector.

(j) If a contingent fee is paid to an auditor, then the

payment must be based upon the net difference of the complete

audit.

(k) Within 90 days after the effective date of this

amendatory Act of the 96th General Assembly, a county shall

provide to any CATV operator a complete list of addresses

within the corporate limits of the county and shall annually

update the list.

(l) This Section is a denial and limitation of home rule

powers and functions under subsection (h) of Section 6 of

Article VII of the Illinois Constitution.

(Source: P.A. 96-1422, eff. 8-3-10.)

Section 1-33. The Illinois Municipal Code is amended by

changing Section 11-42-11.05 as follows:

(65 ILCS 5/11-42-11.05)

Sec. 11-42-11.05. Municipal franchise fee or service

provider fee review; requests for information.

(a) If pursuant to its franchise agreement with a community

antenna television system (CATV) operator, a municipality

imposes a franchise fee authorized by 47 U.S.C. 542 or if a

community antenna television system (CATV) operator providing

cable or video service in that municipality is required to pay

the service provider fees imposed by the Cable and Video

Competition Law of 2007, then the municipality may conduct an

audit of that CATV operator's franchise fees or service

provider fees derived from the provision of cable and video

services to subscribers within the franchise area to determine

whether the amount of franchise fees or service provider fees

paid by that CATV operator to the municipality was accurate.

Any audit conducted under this subsection (a) shall determine,

for a period of not more than 4 years after the date the

franchise fees or service provider fees were due, any

overpayment or underpayment to the municipality by the CATV

operator, and the amount due to the municipality or CATV

operator is limited to the net difference.

(b) Not more than once every 2 years, a municipality or its

agent that is authorized to perform an audit as set forth in

subsection (a) of this Section that has imposed a franchise fee

authorized by 47 U.S.C. 542 may, subject to the limitations and

protections stated in the Local Government Taxpayers' Bill of

Rights Act, request information from the CATV operator in the

format maintained by the CATV operator in the ordinary course

of its business that the municipality reasonably requires in

order to perform an audit under subsection (a). The information

that may be requested by the municipality includes without

limitation the following:

(1) in an electronic format used by the CATV operator

in the ordinary course of its business, the database used

by the CATV operator to determine the amount of the

franchise fee or service provider fee due to the

municipality; and

(2) in a format used by the CATV operator in the

ordinary course of its business, summary data, as needed by

the municipality, to determine the CATV operator's

franchise fees or service provider fees derived from the

provision of cable and video services to subscribers within

the CATV operator's franchise area.

(c) The CATV operator must provide the information

requested under subsection (b) within:

(1) 60 days after the receipt of the request if the

population of the requesting municipality is 500,000 or

less; or

(2) 90 days after the receipt of the request if the

population of the requesting municipality exceeds 500,000.

The time in which a CATV operator must provide the

information requested under subsection (b) may be extended by

written an agreement between the municipality or its agent and

the CATV operator.

(c-5) The municipality or its agent must provide an initial

report of its audit findings to the CATV operator no later than

90 days after the information set forth in subsection (b) of

this Section has been provided by the CATV operator. This

90-day timeline may be extended one time by written agreement

between the municipality or its agents and the CATV operator.

However, in no event shall an extension of time exceed 90 days.

This initial report of audit findings shall detail the basis of

its findings and provide, but not be limited to, the following

information: (i) any overpayments of franchise fees or service

provider fees, (ii) any underpayments of franchise fees or

service provider fees, (iii) all municipal addresses that

should be included in the CATV operator's database and

attributable to that municipality for determination of

franchise fees or service provider fees, and (iv) addresses

that should not be included in the CATV operator's database and

addresses that are not attributable to that municipality for

determination of franchise fees or service provider fees.

Generally accepted auditing standards shall be utilized by the

municipality and its agents in its review of information

provided by the CATV operator.

(c-10) In the event that the municipality or its agent does

not provide the initial report of the audit findings to the

CATV operator with the timeframes set forth in subsection (c-5)

of this Section, then the audit shall be deemed completed and

to have conclusively found that there was no overpayment or

underpayment by the CATV operator during the 24 months prior to

the municipality or its agents requesting the information set

forth in subsection (b) of this Section.

(d) If an audit by the municipality or its agents finds an

error by the CATV operator in the amount of the franchise fees

or service provider fees paid by the CATV operator to the

municipality, then the municipality shall may notify the CATV

operator of the error. Any such notice must be given to the

CATV operator by the municipality or its agent within 90 days

after the municipality or its agent discovers the error, and no

later than 4 years after the date the franchise fee or service

provider fee was due. Upon such a notice, the CATV operator

must submit a written response within 60 days after receipt of

the notice stating that the CATV operator has corrected the

error on a prospective basis or stating the reason that the

error is inapplicable or inaccurate. The municipality or its

agent then has 60 days after the receipt of the CATV operator's

response to review and contest the conclusion of the CATV

operator. No legal proceeding to collect a deficiency or

overpayment based upon an alleged error shall be commenced

unless within 180 days after the municipality's notification of

the error to the CATV operator the parties are unable to agree

on the disposition of the audit findings.

Any legal proceeding to collect a deficiency as set forth

in this subsection (d) shall be filed in the appropriate

circuit court.

(e) No CATV operator is liable for any error in past

franchise fee or service provider fee payments that was unknown

by the CATV operator prior to the audit process unless (i) the

error was due to negligence on the part of the CATV operator in

the collection or processing of required data and (ii) the

municipality had not failed to respond in writing in a timely

manner to any written request of the CATV operator to review

and correct information used by the CATV operator to calculate

the appropriate franchise fees or service provider fees if a

diligent review of such information by the municipality

reasonably could have been expected to discover such error.

(f) All account specific information provided by a CATV

operator under this Section may be used only for the purpose of

an audit conducted under this Section and the enforcement of

any franchise fee or service provider fee delinquent claim. All

such information must be held in strict confidence by the

municipality and its agents and may not be disclosed to the

public under the Freedom of Information Act or under any other

similar statutes allowing for or requiring public disclosure.

(f-5) All contracts by and between a municipality and a

third party for the purposes of conducting an audit as

contemplated in this Article shall be disclosed to the public

under the Freedom of Information Act or under similar statutes

allowing for or requiring public disclosure.

(g) For the purposes of this Section, "CATV operator" means

a person or entity that provides cable and video services under

a franchise agreement with a municipality pursuant to Section

11-42-11 of the Municipal Code and a holder authorized under

Section 21-401 of the Cable and Video Competition Law of 2007

as consistent with Section 21-901 of that Law.

(h) This Section does not apply to any action that was

commenced, to any complaint that was filed, or to any audit

that was commenced before the effective date of this amendatory

Act of the 96th General Assembly. This Section also does not

apply to any franchise agreement that was entered into before

the effective date of this amendatory Act of the 96th General

Assembly unless the franchise agreement contains audit

provisions but no specifics regarding audit procedures.

(i) The provisions of this Section shall not be construed

as diminishing or replacing any civil remedy available to a

municipality, taxpayer, or tax collector.

(j) If a contingent fee is paid to an auditor, then the

payment must be based upon the net difference of the complete

audit.

(k) Within 90 days after the effective date of this

amendatory Act of the 96th General Assembly, a municipality

shall provide to any CATV operator a complete list of addresses

within the corporate limits of the municipality and shall

annually update the list.

(l) This Section is a denial and limitation of home rule

powers and functions under subsection (h) of Section 6 of

Article VII of the Illinois Constitution.

(m) This Section does not apply to any municipality having

a population of more than 1,000,000.

(Source: P.A. 96-1422, eff. 8-3-10.)

Section 1-35. The Public Utilities Act is amended by

changing Sections 13-506.2, 13-703, 13-1200, 21-401, 21-801,

21-901, 21-1001, and 21-1601 as follows:

(220 ILCS 5/13-506.2)

(Section scheduled to be repealed on July 1, 2015)

Sec. 13-506.2. Market regulation for competitive retail

services.

(a) Definitions. As used in this Section:

(1) "Electing Provider" means a telecommunications

carrier that is subject to either rate regulation pursuant

to Section 13-504 or Section 13-505 or alternative

regulation pursuant to Section 13-506.1 and that elects to

have the rates, terms, and conditions of its competitive

retail telecommunications services solely determined and

regulated pursuant to the terms of this Article.

(2) "Basic local exchange service" means either a

stand-alone residence network access line and per-call

usage or, for any geographic area in which such stand-alone

service is not offered, a stand-alone flat rate residence

network access line for which local calls are not charged

for frequency or duration. Extended Area Service shall be

included in basic local exchange service.

(3) "Existing customer" means a residential customer

who was subscribing to one of the optional packages

described in subsection (d) of this Section as of the

effective date of this amendatory Act of the 99th General

Assembly. A customer who was subscribing to one of the

optional packages on that date but stops subscribing

thereafter shall not be considered an "existing customer"

as of the date the customer stopped subscribing to the

optional package, unless the stoppage is temporary and

caused by the customer changing service address locations,

or unless the customer resumes subscribing and is eligible

to receive discounts on monthly telephone service under the

federal Lifeline program, 47 C.F.R. Part 54, Subpart E.

(4) "New customer" means a residential customer who was

not subscribing to one of the optional packages described

in subsection (d) of this Section as of the effective date

of this amendatory Act of the 99th General Assembly and who

is eligible to receive discounts on monthly telephone

service under the federal Lifeline program, 47 C.F.R. Part

54, Subpart E.

(b) Election for market regulation. Notwithstanding any

other provision of this Act, an Electing Provider may elect to

have the rates, terms, and conditions of its competitive retail

telecommunications services solely determined and regulated

pursuant to the terms of this Section by filing written notice

of its election for market regulation with the Commission. The

notice of election shall designate the geographic area of the

Electing Provider's service territory where the market

regulation shall apply, either on a state-wide basis or in one

or more specified Market Service Areas ("MSA") or Exchange

areas. An Electing Provider shall not make an election for

market regulation under this Section unless it commits in its

written notice of election for market regulation to fulfill the

conditions and requirements in this Section in each geographic

area in which market regulation is elected. Immediately upon

filing the notice of election for market regulation, the

Electing Provider shall be subject to the jurisdiction of the

Commission to the extent expressly provided in this Section.

(c) Competitive classification. Market regulation shall be

available for competitive retail telecommunications services

as provided in this subsection.

(1) For geographic areas in which telecommunications

services provided by the Electing Provider were classified

as competitive either through legislative action or a

tariff filing pursuant to Section 13-502 prior to January

1, 2010, and that are included in the Electing Provider's

notice of election pursuant to subsection (b) of this

Section, such services, and all recurring and nonrecurring

charges associated with, related to or used in connection

with such services, shall be classified as competitive

without further Commission review. For services classified

as competitive pursuant to this subsection, the

requirements or conditions in any order or decision

rendered by the Commission pursuant to Section 13-502 prior

to the effective date of this amendatory Act of the 96th

General Assembly, except for the commitments made by the

Electing Provider in such order or decision concerning the

optional packages required in subsection (d) of this

Section and basic local exchange service as defined in this

Section, shall no longer be in effect and no Commission

investigation, review, or proceeding under Section 13-502

shall be continued, conducted, or maintained with respect

to such services, charges, requirements, or conditions. If

an Electing Provider has ceased providing optional

packages to customers pursuant to subdivision (d)(8) of

this Section, the commitments made by the Electing Provider

in such order or decision concerning the optional packages

under subsection (d) of this Section shall no longer be in

effect and no Commission investigation, review, or

proceeding under Section 13-502 shall be continued,

conducted, or maintained with respect to such packages.

(2) For those geographic areas in which residential

local exchange telecommunications services have not been

classified as competitive as of the effective date of this

amendatory Act of the 96th General Assembly, all

telecommunications services provided to residential and

business end users by an Electing Provider in the

geographic area that is included in its notice of election

pursuant to subsection (b) shall be classified as

competitive for purposes of this Article without further

Commission review.

(3) If an Electing Provider was previously subject to

alternative regulation pursuant to Section 13-506.1 of

this Article, the alternative regulation plan shall

terminate in whole for all services subject to that plan

and be of no force or effect, without further Commission

review or action, when the Electing Provider's residential

local exchange telecommunications service in each MSA in

its telecommunications service area in the State has been

classified as competitive pursuant to either subdivision

(c)(1) or (c)(2) of this Section.

(4) The service packages described in Section 13-518

shall be classified as competitive for purposes of this

Section if offered by an Electing Provider in a geographic

area in which local exchange telecommunications service

has been classified as competitive pursuant to either

subdivision (c)(1) or (c)(2) of this Section.

(5) Where a service, or its functional equivalent, or a

substitute service offered by a carrier that is not an

Electing Provider or the incumbent local exchange carrier

for that area is also being offered by an Electing Provider

for some identifiable class or group of customers in an

exchange, group of exchanges, or some other clearly defined

geographical area, the service offered by a carrier that is

not an Electing Provider or the incumbent local exchange

carrier for that area shall be classified as competitive

without further Commission review.

(6) Notwithstanding any other provision of this Act,

retail telecommunications services classified as

competitive pursuant to Section 13-502 or subdivision

(c)(5) of this Section shall have their rates, terms, and

conditions solely determined and regulated pursuant to the

terms of this Section in the same manner and to the same

extent as the competitive retail telecommunications

services of an Electing Provider, except that subsections

(d), (g), and (j) of this Section shall not apply to a

carrier that is not an Electing Provider or to the

competitive telecommunications services of a carrier that

is not an Electing Provider. The access services of a

carrier that is not an Electing Provider shall remain

subject to Section 13-900.2. The requirements in

subdivision (e)(3) of this Section shall not apply to

retail telecommunications services classified as

competitive pursuant to Section 13-502 or subdivision

(c)(5) of this Section, except that, upon request from the

Commission, the telecommunications carrier providing

competitive retail telecommunications services shall

provide a report showing the number of credits and

exemptions for the requested time period.

(d) Consumer choice safe harbor options.

(1) Subject to subdivision (d)(8) of this Section, an

An Electing Provider in each of the MSA or Exchange areas

classified as competitive pursuant to subdivision (c)(1)

or (c)(2) of this Section shall offer to all residential

customers who choose to subscribe the following optional

packages of services priced at the same rate levels in

effect on January 1, 2010:

(A) A basic package, which shall consist of a

stand-alone residential network access line and 30

local calls. If the Electing Provider offers a

stand-alone residential access line and local usage on

a per call basis, the price for the basic package shall

be the Electing Provider's applicable price in effect

on January 1, 2010 for the sum of a residential access

line and 30 local calls, additional calls over 30 calls

shall be provided at the current per call rate.

However, this basic package is not required if

stand-alone residential network access lines or

per-call local usage are not offered by the Electing

Provider in the geographic area on January 1, 2010 or

if the Electing Provider has not increased its

stand-alone network access line and local usage rates,

including Extended Area Service rates, since January

1, 2010.

(B) An extra package, which shall consist of

residential basic local exchange network access line

and unlimited local calls. The price for the extra

package shall be the Electing Provider's applicable

price in effect on January 1, 2010 for a residential

access line with unlimited local calls.

(C) A plus package, which shall consist of

residential basic local exchange network access line,

unlimited local calls, and the customer's choice of 2

vertical services offered by the Electing Provider.

The term "vertical services" as used in this

subsection, includes, but is not limited to, call

waiting, call forwarding, 3-way calling, caller ID,

call tracing, automatic callback, repeat dialing, and

voicemail. The price for the plus package shall be the

Electing Provider's applicable price in effect on

January 1, 2010 for the sum of a residential access

line with unlimited local calls and 2 times the average

price for the vertical features included in the

package.

(2) Subject to subdivision (d)(8) of this Section, for

For those geographic areas in which local exchange

telecommunications services were classified as competitive

on the effective date of this amendatory Act of the 96th

General Assembly, an Electing Provider in each such MSA or

Exchange area shall be subject to the same terms and

conditions as provided in commitments made by the Electing

Provider in connection with such previous competitive

classifications, which shall apply with equal force under

this Section, except as follows: (i) the limits on price

increases on the optional packages required by this Section

shall be extended consistent with subsection (d)(1) of this

Section and (ii) the price for the extra package required

by subsection (d)(1)(B) shall be reduced by one dollar from

the price in effect on January 1, 2010. In addition, if an

Electing Provider obtains a competitive classification

pursuant to subsection (c)(1) and (c)(2), the price for the

optional packages shall be determined in such area in

compliance with subsection (d)(1), except the price for the

plus package required by subsection (d)(1) (C) shall be the

lower of the price for such area or the price of the plus

package in effect on January 1, 2010 for areas classified

as competitive pursuant to subsection (c)(1).

(3) To the extent that the requirements in Section

13-518 applied to a telecommunications carrier prior to the

effective date of this Section and that telecommunications

carrier becomes an Electing Provider in accordance with the

provisions of this Section, the requirements in Section

13-518 shall cease to apply to that Electing Provider in

those geographic areas included in the Electing Provider's

notice of election pursuant to subsection (b) of this

Section.

(4) Subject to subdivision (d)(8) of this Section, an

An Electing Provider shall make the optional packages

required by this subsection and stand-alone residential

network access lines and local usage, where offered,

readily available to the public by providing information,

in a clear manner, to residential customers. Information

shall be made available on a website, and an Electing

Provider shall provide notification to its customers every

6 months, provided that notification may consist of a bill

page message that provides an objective description of the

safe harbor options that includes a telephone number and

website address where the customer may obtain additional

information about the packages from the Electing Provider.

The optional packages shall be offered on a monthly basis

with no term of service requirement. An Electing Provider

shall allow online electronic ordering of the optional

packages and stand-alone residential network access lines

and local usage, where offered, on its website in a manner

similar to the online electronic ordering of its other

residential services.

(5) Subject to subdivision (d)(8) of this Section, an

An Electing Provider shall comply with the Commission's

existing rules, regulations, and notices in Title 83, Part

735 of the Illinois Administrative Code when offering or

providing the optional packages required by this

subsection (d) and stand-alone residential network access

lines.

(6) Subject to subdivision (d)(8) of this Section, an

An Electing Provider shall provide to the Commission

semi-annual subscribership reports as of June 30 and

December 31 that contain the number of its customers

subscribing to each of the consumer choice safe harbor

packages required by subsection (d)(1) of this Section and

the number of its customers subscribing to retail

residential basic local exchange service as defined in

subsection (a)(2) of this Section. The first semi-annual

reports shall be made on April 1, 2011 for December 31,

2010, and on September 1, 2011 for June 30, 2011, and

semi-annually on April 1 and September 1 thereafter. Such

subscribership information shall be accorded confidential

and proprietary treatment upon request by the Electing

Provider.

(7) The Commission shall have the power, after notice

and hearing as provided in this Article, upon complaint or

upon its own motion, to take corrective action if the

requirements of this Section are not complied with by an

Electing Provider.

(8) On and after the effective date of this amendatory

Act of the 99th General Assembly, an Electing Provider

shall continue to offer and provide the optional packages

described in this subsection (d) to existing customers and

new customers. On and after July 1, 2017, an Electing

Provider may immediately stop offering the optional

packages described in this subsection (d) and, upon

providing two notices to affected customers and to the

Commission, may stop providing the optional packages

described in this subsection (d) to all customers who

subscribe to one of the optional packages. The first notice

shall be provided at least 90 days before the date upon

which the Electing Provider intends to stop providing the

optional packages, and the second notice must be provided

at least 30 days before that date. The first notice shall

not be provided prior to July 1, 2017. Each notice must

identify the date on which the Electing Provider intends to

stop providing the optional packages, at least one

alternative service available to the customer, and a

telephone number by which the customer may contact a

service representative of the Electing Provider. After

July 1, 2017 with respect to new customers, and upon the

expiration of the second notice period with respect to

customers who were subscribing to one of the optional

packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),

(d)(6), and (d)(7) of this Section shall not apply to the

Electing Provider. Notwithstanding any other provision of

this Article, an Electing Provider that has ceased

providing the optional packages under this subdivision

(d)(8) is not subject to Section 13-301(1)(c) of this Act.

Notwithstanding any other provision of this Act, and

subject to subdivision (d)(7) of this Section, the

Commission's authority over the discontinuance of the

optional packages described in this subsection (d) by an

Electing Provider shall be governed solely by this

subsection (d)(8).

(e) Service quality and customer credits for basic local

exchange service.

(1) An Electing Provider shall meet the following

service quality standards in providing basic local

exchange service, which for purposes of this subsection

(e), includes both basic local exchange service and any the

consumer choice safe harbor options that may be required by

subsection (d) of this Section.

(A) Install basic local exchange service within 5

business days after receipt of an order from the

customer unless the customer requests an installation

date that is beyond 5 business days after placing the

order for basic service and to inform the customer of

the Electing Provider's duty to install service within

this timeframe. If installation of service is

requested on or by a date more than 5 business days in

the future, the Electing Provider shall install

service by the date requested.

(B) Restore basic local exchange service for the

customer within 30 hours after receiving notice that

the customer is out of service.

(C) Keep all repair and installation appointments

for basic local exchange service if a customer premises

visit requires a customer to be present. The

appointment window shall be either a specific time or,

at a maximum, a 4-hour time block during evening,

weekend, and normal business hours.

(D) Inform a customer when a repair or installation

appointment requires the customer to be present.

(2) Customers shall be credited by the Electing

Provider for violations of basic local exchange service

quality standards described in subdivision (e)(1) of this

Section. The credits shall be applied automatically on the

statement issued to the customer for the next monthly

billing cycle following the violation or following the

discovery of the violation. The next monthly billing cycle

following the violation or the discovery of the violation

means the billing cycle immediately following the billing

cycle in process at the time of the violation or discovery

of the violation, provided the total time between the

violation or discovery of the violation and the issuance of

the credit shall not exceed 60 calendar days. The Electing

Provider is responsible for providing the credits and the

customer is under no obligation to request such credits.

The following credits shall apply:

(A) If an Electing Provider fails to repair an

out-of-service condition for basic local exchange

service within 30 hours, the Electing Provider shall

provide a credit to the customer. If the service

disruption is for more than 30 hours, but not more than

48 hours, the credit must be equal to a pro-rata

portion of the monthly recurring charges for all basic

local exchange services disrupted. If the service

disruption is for more than 48 hours, but not more than

72 hours, the credit must be equal to at least 33% of

one month's recurring charges for all local services

disrupted. If the service disruption is for more than

72 hours, but not more than 96 hours, the credit must

be equal to at least 67% of one month's recurring

charges for all basic local exchange services

disrupted. If the service disruption is for more than

96 hours, but not more than 120 hours, the credit must

be equal to one month's recurring charges for all basic

local exchange services disrupted. For each day or

portion thereof that the service disruption continues

beyond the initial 120-hour period, the Electing

Provider shall also provide an additional credit of $20

per calendar day.

(B) If an Electing Provider fails to install basic

local exchange service as required under subdivision

(e)(1) of this Section, the Electing Provider shall

waive 50% of any installation charges, or in the

absence of an installation charge or where

installation is pursuant to the Link Up program, the

Electing Provider shall provide a credit of $25. If an

Electing Provider fails to install service within 10

business days after the service application is placed,

or fails to install service within 5 business days

after the customer's requested installation date, if

the requested date was more than 5 business days after

the date of the order, the Electing Provider shall

waive 100% of the installation charge, or in the

absence of an installation charge or where

installation is provided pursuant to the Link Up

program, the Electing Provider shall provide a credit

of $50. For each day that the failure to install

service continues beyond the initial 10 business days,

or beyond 5 business days after the customer's

requested installation date, if the requested date was

more than 5 business days after the date of the order,

the Electing Provider shall also provide an additional

credit of $20 per calendar day until the basic local

exchange service is installed.

(C) If an Electing Provider fails to keep a

scheduled repair or installation appointment when a

customer premises visit requires a customer to be

present as required under subdivision (e)(1) of this

Section, the Electing Provider shall credit the

customer $25 per missed appointment. A credit required

by this subdivision does not apply when the Electing

Provider provides the customer notice of its inability

to keep the appointment no later than 8:00 pm of the

day prior to the scheduled date of the appointment.

(D) Credits required by this subsection do not

apply if the violation of a service quality standard:

(i) occurs as a result of a negligent or

willful act on the part of the customer;

(ii) occurs as a result of a malfunction of

customer-owned telephone equipment or inside

wiring;

(iii) occurs as a result of, or is extended by,

an emergency situation as defined in 83 Ill. Adm.

Code 732.10;

(iv) is extended by the Electing Provider's

inability to gain access to the customer's

premises due to the customer missing an

appointment, provided that the violation is not

further extended by the Electing Provider;

(v) occurs as a result of a customer request to

change the scheduled appointment, provided that

the violation is not further extended by the

Electing Provider;

(vi) occurs as a result of an Electing

Provider's right to refuse service to a customer as

provided in Commission rules; or

(vii) occurs as a result of a lack of

facilities where a customer requests service at a

geographically remote location, where a customer

requests service in a geographic area where the

Electing Provider is not currently offering

service, or where there are insufficient

facilities to meet the customer's request for

service, subject to an Electing Provider's

obligation for reasonable facilities planning.

(3) Each Electing Provider shall provide to the

Commission on a quarterly basis and in a form suitable for

posting on the Commission's website in conformance with the

rules adopted by the Commission and in effect on April 1,

2010, a public report that includes the following data for

basic local exchange service quality of service:

(A) With regard to credits due in accordance with

subdivision (e)(2)(A) as a result of out-of-service

conditions lasting more than 30 hours:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of credits issued for repairs

between 30 and 48 hours;

(iii) the number of credits issued for repairs

between 49 and 72 hours;

(iv) the number of credits issued for repairs

between 73 and 96 hours;

(v) the number of credits used for repairs

between 97 and 120 hours;

(vi) the number of credits issued for repairs

greater than 120 hours; and

(vii) the number of exemptions claimed for

each of the categories identified in subdivision

(e)(2)(D).

(B) With regard to credits due in accordance with

subdivision (e)(2)(B) as a result of failure to install

basic local exchange service:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of installations after 5

business days;

(iii) the number of installations after 10

business days;

(iv) the number of installations after 11

business days; and

(v) the number of exemptions claimed for each

of the categories identified in subdivision

(e)(2)(D).

(C) With regard to credits due in accordance with

subdivision (e)(2)(C) as a result of missed

appointments:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of any customers receiving

credits; and

(iii) the number of exemptions claimed for

each of the categories identified in subdivision

(e)(2)(D).

(D) The Electing Provider's annual report required

by this subsection shall also include, for

informational reporting, the performance data

described in subdivisions (e)(2)(A), (e)(2)(B), and

(e)(2)(C), and trouble reports per 100 access lines

calculated using the Commission's existing applicable

rules and regulations for such measures, including the

requirements for service standards established in this

Section.

(4) It is the intent of the General Assembly that the

service quality rules and customer credits in this

subsection (e) of this Section and other enforcement

mechanisms, including fines and penalties authorized by

Section 13-305, shall apply on a nondiscriminatory basis to

all Electing Providers. Accordingly, notwithstanding any

provision of any service quality rules promulgated by the

Commission, any alternative regulation plan adopted by the

Commission, or any other order of the Commission, any

Electing Provider that is subject to any other order of the

Commission and that violates or fails to comply with the

service quality standards promulgated pursuant to this

subsection (e) or any other order of the Commission shall

not be subject to any fines, penalties, customer credits,

or enforcement mechanisms other than such fines or

penalties or customer credits as may be imposed by the

Commission in accordance with the provisions of this

subsection (e) and Section 13-305, which are to be

generally applicable to all Electing Providers. The amount

of any fines or penalties imposed by the Commission for

failure to comply with the requirements of this subsection

(e) shall be an appropriate amount, taking into account, at

a minimum, the Electing Provider's gross annual intrastate

revenue; the frequency, duration, and recurrence of the

violation; and the relative harm caused to the affected

customers or other users of the network. In imposing fines

and penalties, the Commission shall take into account

compensation or credits paid by the Electing Provider to

its customers pursuant to this subsection (e) in

compensation for any violation found pursuant to this

subsection (e), and in any event the fine or penalty shall

not exceed an amount equal to the maximum amount of a civil

penalty that may be imposed under Section 13-305.

(5) An Electing Provider in each of the MSA or Exchange

areas classified as competitive pursuant to subsection (c)

of this Section shall fulfill the requirements in

subdivision (e)(3) of this Section for 3 years after its

notice of election becomes effective. After such 3 years,

the requirements in subdivision (e)(3) of this Section

shall not apply to such Electing Provider, except that,

upon request from the Commission, the Electing Provider

shall provide a report showing the number of credits and

exemptions for the requested time period.

(f) Commission jurisdiction over competitive retail

telecommunications services. Except as otherwise expressly

stated in this Section, the Commission shall thereafter have no

jurisdiction or authority over any aspect of competitive retail

telecommunications service of an Electing Provider in those

geographic areas included in the Electing Provider's notice of

election pursuant to subsection (b) of this Section or of a

retail telecommunications service classified as competitive

pursuant to Section 13-502 or subdivision (c)(5) of this

Section, heretofore subject to the jurisdiction of the

Commission, including but not limited to, any requirements of

this Article related to the terms, conditions, rates, quality

of service, availability, classification or any other aspect of

any competitive retail telecommunications services. No

telecommunications carrier shall commit any unfair or

deceptive act or practice in connection with any aspect of the

offering or provision of any competitive retail

telecommunications service. Nothing in this Article shall

limit or affect any provisions in the Consumer Fraud and

Deceptive Business Practices Act with respect to any unfair or

deceptive act or practice by a telecommunications carrier.

(g) Commission authority over access services upon

election for market regulation.

(1) As part of its Notice of Election for Market

Regulation, the Electing Provider shall reduce its

intrastate switched access rates to rates no higher than

its interstate switched access rates in 4 installments. The

first reduction must be made 30 days after submission of

its complete application for Notice of Election for Market

Regulation, and the Electing Provider must reduce its

intrastate switched access rates by an amount equal to 33%

of the difference between its current intrastate switched

access rates and its current interstate switched access

rates. The second reduction must be made no later than one

year after the first reduction, and the Electing Provider

must reduce its then current intrastate switched access

rates by an amount equal to 41% of the difference between

its then current intrastate switched access rates and its

then current interstate switched access rates. The third

reduction must be made no later than one year after the

second reduction, and the Electing Provider must reduce its

then current intrastate switched access rates by an amount

equal to 50% of the difference between its then current

intrastate switched access rate and its then current

interstate switched access rates. The fourth reduction

must be made on or before June 30, 2013, and the Electing

Provider must reduce its intrastate switched access rate to

mirror its then current interstate switched access rates

and rate structure. Following the fourth reduction, each

Electing Provider must continue to set its intrastate

switched access rates to mirror its interstate switched

access rates and rate structure. For purposes of this

subsection, the rate for intrastate switched access

service means the composite, per-minute rate for that

service, including all applicable fixed and

traffic-sensitive charges, including, but not limited to,

carrier common line charges.

(2) Nothing in paragraph (1) of this subsection (g)

prohibits an Electing Provider from electing to offer

intrastate switched access service at rates lower than its

interstate switched access rates.

(3) The Commission shall have no authority to order an

Electing Provider to set its rates for intrastate switched

access at a level lower than its interstate switched access

rates.

(4) The Commission's authority under this subsection

(g) shall only apply to Electing Providers under Market

Regulation. The Commission's authority over switched

access services for all other carriers is retained under

Section 13-900.2 of this Act.

(h) Safety of service equipment and facilities.

(1) An Electing Provider shall furnish, provide, and

maintain such service instrumentalities, equipment, and

facilities as shall promote the safety, health, comfort,

and convenience of its patrons, employees, and public and

as shall be in all respects adequate, reliable, and

efficient without discrimination or delay. Every Electing

Provider shall provide service and facilities that are in

all respects environmentally safe.

(2) The Commission is authorized to conduct an

investigation of any Electing Provider or part thereof. The

investigation may examine the reasonableness, prudence, or

efficiency of any aspect of the Electing Provider's

operations or functions that may affect the adequacy,

safety, efficiency, or reliability of telecommunications

service. The Commission may conduct or order an

investigation only when it has reasonable grounds to

believe that the investigation is necessary to assure that

the Electing Provider is providing adequate, efficient,

reliable, and safe service. The Commission shall, before

initiating any such investigation, issue an order

describing the grounds for the investigation and the

appropriate scope and nature of the investigation, which

shall be reasonably related to the grounds relied upon by

the Commission in its order.

(i) (Blank).

(j) Application of Article VII. The provisions of Sections

7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are

applicable to an Electing Provider offering or providing retail

telecommunications service, and the Commission's regulation

thereof, except that (1) the approval of contracts and

arrangements with affiliated interests required by paragraph

(3) of Section 7-101 shall not apply to such telecommunications

carriers provided that, except as provided in item (2), those

contracts and arrangements shall be filed with the Commission;

(2) affiliated interest contracts or arrangements entered into

by such telecommunications carriers where the increased

obligation thereunder does not exceed the lesser of $5,000,000

or 5% of such carrier's prior annual revenue from

noncompetitive services are not required to be filed with the

Commission; and (3) any consent and approval of the Commission

required by Section 7-102 is not required for the sale, lease,

assignment, or transfer by any Electing Provider of any

property that is not necessary or useful in the performance of

its duties to the public.

(k) Notwithstanding other provisions of this Section, the

Commission retains its existing authority to enforce the

provisions, conditions, and requirements of the following

Sections of this Article: 13-101, 13-103, 13-201, 13-301,

13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,

13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,

13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,

13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,

13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,

13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,

13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully

and equally applicable to Electing Providers and to

telecommunications carriers providing retail

telecommunications service classified as competitive pursuant

to Section 13-502 or subdivision (c)(5) of this Section subject

to the provisions of this Section. On the effective date of

this amendatory Act of the 98th General Assembly, the following

Sections of this Article shall cease to apply to Electing

Providers and to telecommunications carriers providing retail

telecommunications service classified as competitive pursuant

to Section 13-502 or subdivision (c)(5) of this Section:

13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,

13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,

13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,

and 13-712.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)

(Section scheduled to be repealed on July 1, 2015)

Sec. 13-703. (a) The Commission shall design and implement

a program whereby each telecommunications carrier providing

local exchange service shall provide a telecommunications

device capable of servicing the needs of those persons with a

hearing or speech disability together with a single party line,

at no charge additional to the basic exchange rate, to any

subscriber who is certified as having a hearing or speech

disability by a licensed physician, speech-language

pathologist, audiologist or a qualified State agency and to any

subscriber which is an organization serving the needs of those

persons with a hearing or speech disability as determined and

specified by the Commission pursuant to subsection (d).

(b) The Commission shall design and implement a program,

whereby each telecommunications carrier providing local

exchange service shall provide a telecommunications relay

system, using third party intervention to connect those persons

having a hearing or speech disability with persons of normal

hearing by way of intercommunications devices and the telephone

system, making available reasonable access to all phases of

public telephone service to persons who have a hearing or

speech disability. In order to design a telecommunications

relay system which will meet the requirements of those persons

with a hearing or speech disability available at a reasonable

cost, the Commission shall initiate an investigation and

conduct public hearings to determine the most cost-effective

method of providing telecommunications relay service to those

persons who have a hearing or speech disability when using

telecommunications devices and therein solicit the advice,

counsel, and physical assistance of Statewide nonprofit

consumer organizations that serve persons with hearing or

speech disabilities in such hearings and during the development

and implementation of the system. The Commission shall phase in

this program, on a geographical basis, as soon as is

practicable, but no later than June 30, 1990.

(c) The Commission shall establish a competitively neutral

rate recovery mechanism that establishes , authorizing charges

in an amount to be determined by the Commission for each line

of a subscriber to allow telecommunications carriers providing

local exchange service to recover costs as they are incurred

under this Section. Beginning no later than April 1, 2016, and

on a yearly basis thereafter, the Commission shall initiate a

proceeding to establish the competitively neutral amount to be

charged or assessed to subscribers of telecommunications

carriers and wireless carriers, Interconnected VoIP service

providers and consumers of prepaid wireless telecommunications

service in a manner consistent with this subsection (c) and

subsection (f) of this Section. The Commission shall issue its

order establishing the competitively neutral amount to be

charged or assessed to subscribers of telecommunications

carriers and wireless carriers, Interconnected VoIP service

providers and purchasers of prepaid wireless

telecommunications service on or prior to June 1 of each year,

and such amount shall take effect June 1 of each year.

Telecommunications carriers, wireless carriers,

Interconnected VoIP service providers, and sellers of prepaid

wireless telecommunications service shall have 60 days from the

date the Commission files its order to implement the new rate

established by the order.

(d) The Commission shall determine and specify those

organizations serving the needs of those persons having a

hearing or speech disability that shall receive a

telecommunications device and in which offices the equipment

shall be installed in the case of an organization having more

than one office. For the purposes of this Section,

"organizations serving the needs of those persons with hearing

or speech disabilities" means centers for independent living as

described in Section 12a of the Disabled Persons Rehabilitation

Act and not-for-profit organizations whose primary purpose is

serving the needs of those persons with hearing or speech

disabilities. The Commission shall direct the

telecommunications carriers subject to its jurisdiction and

this Section to comply with its determinations and

specifications in this regard.

(e) As used in this Section:

"Prepaid wireless telecommunications service" has the

meaning given to that term under Section 10 of the Prepaid

Wireless 9-1-1 Surcharge Act.

"Retail transaction" has the meaning given to that term

under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.

"Seller" has the meaning given to that term under Section

10 of the Prepaid Wireless 9-1-1 Surcharge Act.

"Telecommunications , the phrase "telecommunications

carrier providing local exchange service" includes, without

otherwise limiting the meaning of the term, telecommunications

carriers which are purely mutual concerns, having no rates or

charges for services, but paying the operating expenses by

assessment upon the members of such a company and no other

person.

"Wireless carrier" has the meaning given to that term under

Section 10 of the Wireless Emergency Telephone Safety Act.

(f) Interconnected VoIP service providers, sellers of

prepaid wireless telecommunications service, and wireless

carriers in Illinois shall collect and remit assessments

determined in accordance with this Section in a competitively

neutral manner in the same manner as a telecommunications

carrier providing local exchange service. However, the

assessment imposed on consumers of prepaid wireless

telecommunications service shall be collected by the seller

from the consumer and imposed per retail transaction as a

percentage of that retail transaction on all retail

transactions occurring in this State. The assessment on

subscribers of wireless carriers and consumers of prepaid

wireless telecommunications service shall not be imposed or

collected prior to June 1, 2016.

Sellers of prepaid wireless telecommunications service

shall remit the assessments to the Department of Revenue on the

same form and in the same manner which they remit the fee

collected under the Prepaid Wireless 9-1-1 Surcharge Act. For

the purposes of display on the consumers' receipts, the rates

of the fee collected under the Prepaid Wireless 9-1-1 Surcharge

Act and the assessment under this Section may be combined. In

administration and enforcement of this Section, the provisions

of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge

Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of

Section 15 and subsections (c) and (e) of Section 20 of the

Prepaid Wireless 9-1-1 Surcharge Act and, from the effective

date of this amendatory Act of the 99th General Assembly, the

seller shall be permitted to deduct and retain 3% of the

assessments that are collected by the seller from consumers and

that are remitted and timely filed with the Department) that

are not inconsistent with this Section, shall apply, as far as

practicable, to the subject matter of this Section to the same

extent as if those provisions were included in this Section.

The Department shall deposit all assessments and penalties

collected under this Section into the Illinois

Telecommunications Access Corporation Fund, a special fund

created in the State treasury. On or before the 25th day of

each calendar month, the Department shall prepare and certify

to the Comptroller the amount available to the Commission for

distribution out of the Illinois Telecommunications Access

Corporation Fund. The amount certified shall be the amount (not

including credit memoranda) collected during the second

preceding calendar month by the Department, plus an amount the

Department determines is necessary to offset any amounts which

were erroneously paid to a different taxing body or fund. The

amount paid to the Illinois Telecommunications Access

Corporation Fund shall not include any amount equal to the

amount of refunds made during the second preceding calendar

month by the Department to retailers under this Section or any

amount that the Department determines is necessary to offset

any amounts which were payable to a different taxing body or

fund but were erroneously paid to the Illinois

Telecommunications Access Corporation Fund. The Commission

shall distribute all the funds to the Illinois

Telecommunications Access Corporation and the funds may only be

used in accordance with the provisions of this Section. The

Department shall deduct 2% of all amounts deposited in the

Illinois Telecommunications Access Corporation Fund during

every year of remitted assessments. Of the 2% deducted by the

Department, one-half shall be transferred into the Tax

Compliance and Administration Fund to reimburse the Department

for its direct costs of administering the collection and

remittance of the assessment. The remaining one-half shall be

transferred into the Public Utilities Fund to reimburse the

Commission for its costs of distributing to the Illinois

Telecommunications Access Corporation the amount certified by

the Department for distribution. The amount to be charged or

assessed under subsections (c) and (f) is not imposed on a

provider or the consumer for wireless Lifeline service where

the consumer does not pay the provider for the service. Where

the consumer purchases from the provider optional minutes,

texts, or other services in addition to the federally funded

Lifeline benefit, a consumer must pay the charge or assessment,

and it must be collected by the seller according to subsection

(f).

Interconnected VoIP services shall not be considered an

intrastate telecommunications service for the purposes of this

Section in a manner inconsistent with federal law or Federal

Communications Commission regulation.

(g) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(h) The Commission may adopt rules necessary to implement

this Section.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-1200)

(Section scheduled to be repealed on July 1, 2015)

Sec. 13-1200. Repealer. This Article is repealed July 1,

2017 2015.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/21-401)

(Section scheduled to be repealed on July 1, 2015)

Sec. 21-401. Applications.

(a)(1) A person or entity seeking to provide cable service

or video service pursuant to this Article shall not use the

public rights-of-way for the installation or construction of

facilities for the provision of cable service or video service

or offer cable service or video service until it has obtained a

State-issued authorization to offer or provide cable or video

service under this Section, except as provided for in item (2)

of this subsection (a). All cable or video providers offering

or providing service in this State shall have authorization

pursuant to either (i) the Cable and Video Competition Law of

2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the

Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section

5-1095 of the Counties Code (55 ILCS 5/5-1095).

(2) Nothing in this Section shall prohibit a local unit of

government from granting a permit to a person or entity for the

use of the public rights-of-way to install or construct

facilities to provide cable service or video service, at its

sole discretion. No unit of local government shall be liable

for denial or delay of a permit prior to the issuance of a

State-issued authorization.

(b) The application to the Commission for State-issued

authorization shall contain a completed affidavit submitted by

the applicant and signed by an officer or general partner of

the applicant affirming all of the following:

(1) That the applicant has filed or will timely file

with the Federal Communications Commission all forms

required by that agency in advance of offering cable

service or video service in this State.

(2) That the applicant agrees to comply with all

applicable federal and State statutes and regulations.

(3) That the applicant agrees to comply with all

applicable local unit of government regulations.

(4) An exact description of the cable service or video

service area where the cable service or video service will

be offered during the term of the State-issued

authorization. The service area shall be identified in

terms of either (i) exchanges, as that term is defined in

Section 13-206 of this Act; (ii) a collection of United

States Census Bureau Block numbers (13 digit); (iii) if the

area is smaller than the areas identified in either (i) or

(ii), by geographic information system digital boundaries

meeting or exceeding national map accuracy standards; or

(iv) local unit of government. The description shall

include the number of low-income households within the

service area or footprint. If an applicant is an incumbent

cable operator, the incumbent cable operator and any

successor-in-interest shall be obligated to provide access

to cable services or video services within any local units

of government at the same levels required by the local

franchising authorities for the local unit of government on

June 30, 2007 (the effective date of Public Act 95-9), and

its application shall provide a description of an area no

smaller than the service areas contained in its franchise

or franchises within the jurisdiction of the local unit of

government in which it seeks to offer cable or video

service.

(5) The location and telephone number of the

applicant's principal place of business within this State

and the names of the applicant's principal executive

officers who are responsible for communications concerning

the application and the services to be offered pursuant to

the application, the applicant's legal name, and any name

or names under which the applicant does or will provide

cable services or video services in this State.

(6) A certification that the applicant has

concurrently delivered a copy of the application to all

local units of government that include all or any part of

the service area identified in item (4) of this subsection

(b) within such local unit of government's jurisdictional

boundaries.

(7) The expected date that cable service or video

service will be initially offered in the area identified in

item (4) of this subsection (b). In the event that a holder

does not offer cable services or video services within 3

months after the expected date, it shall amend its

application and update the expected date service will be

offered and explain the delay in offering cable services or

video services.

(8) For any entity that received State-issued

authorization prior to this amendatory Act of the 98th

General Assembly as a cable operator and that intends to

proceed as a cable operator under this Article, the entity

shall file a written affidavit with the Commission and

shall serve a copy of the affidavit with any local units of

government affected by the authorization within 30 days

after the effective date of this amendatory Act of the 98th

General Assembly stating that the holder will be providing

cable service under the State-issued authorization.

The application shall include adequate assurance that the

applicant possesses the financial, managerial, legal, and

technical qualifications necessary to construct and operate

the proposed system, to promptly repair any damage to the

public right-of-way caused by the applicant, and to pay the

cost of removal of its facilities. To accomplish these

requirements, the applicant may, at the time the applicant

seeks to use the public rights-of-way in that jurisdiction, be

required by the State of Illinois or later be required by the

local unit of government, or both, to post a bond, produce a

certificate of insurance, or otherwise demonstrate its

financial responsibility.

The application shall include the applicant's general

standards related to customer service required by Section

22-501 of this Act, which shall include, but not be limited to,

installation, disconnection, service and repair obligations;

appointment hours; employee ID requirements; customer service

telephone numbers and hours; procedures for billing, charges,

deposits, refunds, and credits; procedures for termination of

service; notice of deletion of programming service and changes

related to transmission of programming or changes or increases

in rates; use and availability of parental control or lock-out

devices; complaint procedures and procedures for bill dispute

resolution and a description of the rights and remedies

available to consumers if the holder does not materially meet

their customer service standards; and special services for

customers with visual, hearing, or mobility disabilities.

(c)(1) The applicant may designate information that it

submits in its application or subsequent reports as

confidential or proprietary, provided that the applicant

states the reasons the confidential designation is necessary.

The Commission shall provide adequate protection for such

information pursuant to Section 4-404 of this Act. If the

Commission, a local unit of government, or any other party

seeks public disclosure of information designated as

confidential, the Commission shall consider the confidential

designation in a proceeding under the Illinois Administrative

Procedure Act, and the burden of proof to demonstrate that the

designated information is confidential shall be upon the

applicant. Designated information shall remain confidential

pending the Commission's determination of whether the

information is entitled to confidential treatment. Information

designated as confidential shall be provided to local units of

government for purposes of assessing compliance with this

Article as permitted under a Protective Order issued by the

Commission pursuant to the Commission's rules and to the

Attorney General pursuant to Section 6.5 of the Attorney

General Act (15 ILCS 205/6.5). Information designated as

confidential under this Section or determined to be

confidential upon Commission review shall only be disclosed

pursuant to a valid and enforceable subpoena or court order or

as required by the Freedom of Information Act. Nothing herein

shall delay the application approval timeframes set forth in

this Article.

(2) Information regarding the location of video services

that have been or are being offered to the public and aggregate

information included in the reports required by this Article

shall not be designated or treated as confidential.

(d)(1) The Commission shall post all applications it

receives under this Article on its web site within 5 business

days.

(2) The Commission shall notify an applicant for a cable

service or video service authorization whether the applicant's

application and affidavit are complete on or before the 15th

business day after the applicant submits the application. If

the application and affidavit are not complete, the Commission

shall state in its notice all of the reasons the application or

affidavit are incomplete, and the applicant shall resubmit a

complete application. The Commission shall have 30 days after

submission by the applicant of a complete application and

affidavit to issue the service authorization. If the Commission

does not notify the applicant regarding the completeness of the

application and affidavit or issue the service authorization

within the time periods required under this subsection, the

application and affidavit shall be considered complete and the

service authorization issued upon the expiration of the 30th

day.

(e) Any authorization issued by the Commission will expire

on December 31, 2020 2015 and shall contain or include all of

the following:

(1) A grant of authority, including an authorization

issued prior to this amendatory Act of the 98th General

Assembly, to provide cable service or video service in the

service area footprint as requested in the application,

subject to the provisions of this Article in existence on

the date the grant of authority was issued, and any

modifications to this Article enacted at any time prior to

the date in Section 21-1601 of this Act, and to the laws of

the State and the ordinances, rules, and regulations of the

local units of government.

(2) A grant of authority to use, occupy, and construct

facilities in the public rights-of-way for the delivery of

cable service or video service in the service area

footprint, subject to the laws, ordinances, rules, or

regulations of this State and local units of governments.

(3) A statement that the grant of authority is subject

to lawful operation of the cable service or video service

by the applicant, its affiliated entities, or its

successors-in-interest.

(e-5) (4) The Commission shall notify a local unit of

government within 3 business days of the grant of any

authorization within a service area footprint if that

authorization includes any part of the local unit of

government's jurisdictional boundaries and state whether the

holder will be providing video service or cable service under

the authorization.

(f) The authorization issued pursuant to this Section by

the Commission may be transferred to any successor-in-interest

to the applicant to which it is initially granted without

further Commission action if the successor-in-interest (i)

submits an application and the information required by

subsection (b) of this Section for the successor-in-interest

and (ii) is not in violation of this Article or of any federal,

State, or local law, ordinance, rule, or regulation. A

successor-in-interest shall file its application and notice of

transfer with the Commission and the relevant local units of

government no less than 15 business days prior to the

completion of the transfer. The Commission is not required or

authorized to act upon the notice of transfer; however, the

transfer is not effective until the Commission approves the

successor-in-interest's application. A local unit of

government or the Attorney General may seek to bar a transfer

of ownership by filing suit in a court of competent

jurisdiction predicated on the existence of a material and

continuing breach of this Article by the holder, a pattern of

noncompliance with customer service standards by the potential

successor-in-interest, or the insolvency of the potential

successor-in-interest. If a transfer is made when there are

violations of this Article or of any federal, State, or local

law, ordinance, rule, or regulation, the successor-in-interest

shall be subject to 3 times the penalties provided for in this

Article.

(g) The authorization issued pursuant to this Section

21-401 of this Article by the Commission may be terminated, or

its cable service or video service area footprint may be

modified, by the cable service provider or video service

provider by submitting notice to the Commission and to the

relevant local unit of government containing a description of

the change on the same terms as the initial description

pursuant to item (4) of subsection (b) of this Section. The

Commission is not required or authorized to act upon that

notice. It shall be a violation of this Article for a holder to

discriminate against potential residential subscribers because

of the race or income of the residents in the local area in

which the group resides by terminating or modifying its cable

service or video service area footprint. It shall be a

violation of this Article for a holder to terminate or modify

its cable service or video service area footprint if it leaves

an area with no cable service or video service from any

provider.

(h) The Commission's authority to administer this Article

is limited to the powers and duties explicitly provided under

this Article. Its authority under this Article does not include

or limit the powers and duties that the Commission has under

the other Articles of this Act, the Illinois Administrative

Procedure Act, or any other law or regulation to conduct

proceedings, other than as provided in subsection (c), or has

to promulgate rules or regulations. The Commission shall not

have the authority to limit or expand the obligations and

requirements provided in this Section or to regulate or control

a person or entity to the extent that person or entity is

providing cable service or video service, except as provided in

this Article.

(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14.)

(220 ILCS 5/21-801)

(Section scheduled to be repealed on July 1, 2015)

Sec. 21-801. Applicable fees payable to the local unit of

government.

(a) Prior to offering cable service or video service in a

local unit of government's jurisdiction, a holder shall notify

the local unit of government. The notice shall be given to the

local unit of government at least 10 days before the holder

begins to offer cable service or video service within the

boundaries of that local unit of government.

(b) In any local unit of government in which a holder

offers cable service or video service on a commercial basis,

the holder shall be liable for and pay the service provider fee

to the local unit of government. The local unit of government

shall adopt an ordinance imposing such a fee. The holder's

liability for the fee shall commence on the first day of the

calendar month that is at least 30 days after the holder

receives such ordinance. For any such ordinance adopted on or

after the effective date of this amendatory Act of the 99th

General Assembly, the holder's liability shall commence on the

first day of the calendar month that is at least 30 days after

the adoption of such ordinance. The ordinance shall be sent by

mail, postage prepaid, to the address listed on the holder's

application provided to the local unit of government pursuant

to item (6) of subsection (b) of Section 21-401 of this Act.

The fee authorized by this Section shall be 5% of gross

revenues or the same as the fee paid to the local unit of

government by any incumbent cable operator providing cable

service. The payment of the service provider fee shall be due

on a quarterly basis, 45 days after the close of the calendar

quarter. If mailed, the fee is considered paid on the date it

is postmarked. Except as provided in this Article, the local

unit of government may not demand any additional fees or

charges from the holder and may not demand the use of any other

calculation method other than allowed under this Article.

(c) For purposes of this Article, "gross revenues" means

all consideration of any kind or nature, including, without

limitation, cash, credits, property, and in-kind contributions

received by the holder for the operation of a cable or video

system to provide cable service or video service within the

holder's cable service or video service area within the local

unit of government's jurisdiction.

(1) Gross revenues shall include the following:

(i) Recurring charges for cable service or video

service.

(ii) Event-based charges for cable service or

video service, including, but not limited to,

pay-per-view and video-on-demand charges.

(iii) Rental of set-top boxes and other cable

service or video service equipment.

(iv) Service charges related to the provision of

cable service or video service, including, but not

limited to, activation, installation, and repair

charges.

(v) Administrative charges related to the

provision of cable service or video service, including

but not limited to service order and service

termination charges.

(vi) Late payment fees or charges, insufficient

funds check charges, and other charges assessed to

recover the costs of collecting delinquent payments.

(vii) A pro rata portion of all revenue derived by

the holder or its affiliates pursuant to compensation

arrangements for advertising or for promotion or

exhibition of any products or services derived from the

operation of the holder's network to provide cable

service or video service within the local unit of

government's jurisdiction. The allocation shall be

based on the number of subscribers in the local unit of

government divided by the total number of subscribers

in relation to the relevant regional or national

compensation arrangement.

(viii) Compensation received by the holder that is

derived from the operation of the holder's network to

provide cable service or video service with respect to

commissions that are received by the holder as

compensation for promotion or exhibition of any

products or services on the holder's network, such as a

"home shopping" or similar channel, subject to item

(ix) of this paragraph (1).

(ix) In the case of a cable service or video

service that is bundled or integrated functionally

with other services, capabilities, or applications,

the portion of the holder's revenue attributable to the

other services, capabilities, or applications shall be

included in gross revenue unless the holder can

reasonably identify the division or exclusion of the

revenue from its books and records that are kept in the

regular course of business.

(x) The service provider fee permitted by

subsection (b) of this Section.

(2) Gross revenues do not include any of the following:

(i) Revenues not actually received, even if

billed, such as bad debt, subject to item (vi) of

paragraph (1) of this subsection (c).

(ii) Refunds, discounts, or other price

adjustments that reduce the amount of gross revenues

received by the holder of the State-issued

authorization to the extent the refund, rebate,

credit, or discount is attributable to cable service or

video service.

(iii) Regardless of whether the services are

bundled, packaged, or functionally integrated with

cable service or video service, any revenues received

from services not classified as cable service or video

service, including, without limitation, revenue

received from telecommunications services, information

services, or the provision of directory or Internet

advertising, including yellow pages, white pages,

banner advertisement, and electronic publishing, or

any other revenues attributed by the holder to noncable

service or nonvideo service in accordance with the

holder's books and records and records kept in the

regular course of business and any applicable laws,

rules, regulations, standards, or orders.

(iv) The sale of cable services or video services

for resale in which the purchaser is required to

collect the service provider fee from the purchaser's

subscribers to the extent the purchaser certifies in

writing that it will resell the service within the

local unit of government's jurisdiction and pay the fee

permitted by subsection (b) of this Section with

respect to the service.

(v) Any tax or fee of general applicability imposed

upon the subscribers or the transaction by a city,

State, federal, or any other governmental entity and

collected by the holder of the State-issued

authorization and required to be remitted to the taxing

entity, including sales and use taxes.

(vi) Security deposits collected from subscribers.

(vii) Amounts paid by subscribers to "home

shopping" or similar vendors for merchandise sold

through any home shopping channel offered as part of

the cable service or video service.

(3) Revenue of an affiliate of a holder shall be

included in the calculation of gross revenues to the extent

the treatment of the revenue as revenue of the affiliate

rather than the holder has the effect of evading the

payment of the fee permitted by subsection (b) of this

Section which would otherwise be paid by the cable service

or video service.

(d)(1) Except for a holder providing cable service that is

subject to the fee in subsection (i) of this Section, the

holder shall pay to the local unit of government or the entity

designated by that local unit of government to manage public,

education, and government access, upon request as support for

public, education, and government access, a fee equal to no

less than (i) 1% of gross revenues or (ii) if greater, the

percentage of gross revenues that incumbent cable operators pay

to the local unit of government or its designee for public,

education, and government access support in the local unit of

government's jurisdiction. For purposes of item (ii) of

paragraph (1) of this subsection (d), the percentage of gross

revenues that all incumbent cable operators pay shall be equal

to the annual sum of the payments that incumbent cable

operators in the service area are obligated to pay by

franchises and agreements or by contracts with the local

government designee for public, education and government

access in effect on January 1, 2007, including the total of any

lump sum payments required to be made over the term of each

franchise or agreement divided by the number of years of the

applicable term, divided by the annual sum of such incumbent

cable operator's or operators' gross revenues during the

immediately prior calendar year. The sum of payments includes

any payments that an incumbent cable operator is required to

pay pursuant to item (3) of subsection (c) of Section 21-301.

(2) A local unit of government may require all holders of a

State-issued authorization and all cable operators franchised

by that local unit of government on June 30, 2007 (the

effective date of this Section) in the franchise area to

provide to the local unit of government, or to the entity

designated by that local unit of government to manage public,

education, and government access, information sufficient to

calculate the public, education, and government access

equivalent fee and any credits under paragraph (1) of this

subsection (d).

(3) The fee shall be due on a quarterly basis and paid 45

days after the close of the calendar quarter. Each payment

shall include a statement explaining the basis for the

calculation of the fee. If mailed, the fee is considered paid

on the date it is postmarked. The liability of the holder for

payment of the fee under this subsection shall commence on the

same date as the payment of the service provider fee pursuant

to subsection (b) of this Section.

(e) The holder may identify and collect the amount of the

service provider fee as a separate line item on the regular

bill of each subscriber.

(f) The holder may identify and collect the amount of the

public, education, and government programming support fee as a

separate line item on the regular bill of each subscriber.

(g) All determinations and computations under this Section

shall be made pursuant to the definition of gross revenues set

forth in this Section and shall be made pursuant to generally

accepted accounting principles.

(h) Nothing contained in this Article shall be construed to

exempt a holder from any tax that is or may later be imposed by

the local unit of government, including any tax that is or may

later be required to be paid by or through the holder with

respect to cable service or video service. A State-issued

authorization shall not affect any requirement of the holder

with respect to payment of the local unit of government's

simplified municipal telecommunications tax or any other tax as

it applies to any telephone service provided by the holder. A

State-issued authorization shall not affect any requirement of

the holder with respect to payment of the local unit of

government's 911 or E911 fees, taxes, or charges.

(i) Except for a municipality having a population of

2,000,000 or more, the fee imposed under paragraph (1) of

subsection (d) by a local unit of government against a holder

who is a cable operator shall be as follows:

(1) the fee shall be collected and paid only for

capital costs that are considered lawful under Subchapter

VI of the federal Communications Act of 1934, as amended,

and as implemented by the Federal Communications

Commission;

(2) the local unit of government shall impose any fee

by ordinance; and

(3) the fee may not exceed 1% of gross revenue; if,

however, on the date that an incumbent cable operator files

an application under Section 21-401, the incumbent cable

operator is operating under a franchise agreement that

imposes a fee for support for capital costs for public,

education, and government access facilities obligations in

excess of 1% of gross revenue, then the cable operator

shall continue to provide support for capital costs for

public, education, and government access facilities

obligations at the rate stated in such agreement.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/21-901)

(Section scheduled to be repealed on July 1, 2015)

Sec. 21-901. Audits.

(a) A holder that has received State-issued authorization

under this Article is subject to an audit of its service

provider fees derived from the provision of cable or video

services to subscribers within any part of the local unit of

government which is located in the holder's service territory.

Any such audit shall be conducted by the local unit of

government or its agent for the sole purpose of determining any

overpayment or underpayment of the holder's service provider

fee to the local unit of government. Upon receiving notice

under item (4) of subsection (e) of Section 21-401 of this Act

that a holder has received State-issued authorization under

this Article, a local unit of government shall notify the

holder of the requirements it imposes on other cable service or

video service providers in its jurisdiction to submit to an

audit of its books and records. The holder shall comply with

the same requirements the local unit of government imposes on

other cable service or video service providers in its

jurisdiction to audit the holder's books and records and to

recompute any amounts determined to be payable under the

requirements of the local unit of government. If all local

franchises between the local unit of government and a cable

operator terminate, the audit requirements shall be those

adopted by the local government pursuant to the Local

Government Taxpayers' Bill of Rights Act. No acceptance of

amounts remitted should be construed as an accord that the

amounts are correct.

(b) Beginning on or after the effective date of this

amendatory Act of the 99th General Assembly, any audit

conducted pursuant to this Section by a local government shall

be governed by Section 11-42-11.05 of the Illinois Municipal

Code or Section 5-1095.1 of the Counties Code. Any additional

amount due after an audit shall be paid within 30 days after

the local unit of government's submission of an invoice for the

sum.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-1001)

(Section scheduled to be repealed on July 1, 2015)

Sec. 21-1001. Local unit of government authority.

(a) The holder of a State-issued authorization shall comply

with all the applicable construction and technical standards

and right-of-way occupancy standards set forth in a local unit

of government's code of ordinances relating to the use of

public rights-of-way, pole attachments, permit obligations,

indemnification, performance bonds, penalties, or liquidated

damages. The applicable requirements for a holder that is using

its existing telecommunications network or constructing a

telecommunications network shall be the same requirements that

the local unit of government imposes on telecommunications

providers in its jurisdiction. The applicable requirements for

a holder that is using or constructing a cable system shall be

the same requirements the local unit of government imposes on

other cable operators in its jurisdiction.

(b) A local unit of government shall allow the holder to

install, construct, operate, maintain, and remove a cable

service, video service, or telecommunications network within a

public right-of-way and shall provide the holder with open,

comparable, nondiscriminatory, and competitively neutral

access to the public right-of-way on the same terms applicable

to other cable service or video service providers or cable

operators in its jurisdiction. Notwithstanding any other

provisions of law, if a local unit of government is permitted

by law to require the holder of a State authorization to seek a

permit to install, construct, operate, maintain, or remove its

cable service, video service, or telecommunications network

within a public right-of-way, those permits shall be deemed

granted within 45 days after being submitted, if not otherwise

acted upon by the local unit of government, provided the holder

complies with the requirements applicable to the holder in its

jurisdiction.

(c) A local unit of government may impose reasonable terms,

but it may not discriminate against the holder with respect to

any of the following:

(1) The authorization or placement of a cable service,

video service, or telecommunications network or equipment

in public rights-of-way.

(2) Access to a building.

(3) A local unit of government utility pole attachment.

(d) If a local unit of government imposes a permit fee on

incumbent cable operators, it may impose a permit fee on the

holder only to the extent it imposes such a fee on incumbent

cable operators. In all other cases, these fees may not exceed

the actual, direct costs incurred by the local unit of

government for issuing the relevant permit. In no event may a

fee under this Section be levied if the holder already has paid

a permit fee of any kind in connection with the same activity

that would otherwise be covered by the permit fee under this

Section provided no additional equipment, work, function, or

other burden is added to the existing activity for which the

permit was issued.

(e) Nothing in this Article shall affect the rights that

any holder has under Section 4 of the Telephone Line Right of

Way Act (220 ILCS 65/4).

(f) In addition to the other requirements in this Section,

if the holder installs, upgrades, constructs, operates,

maintains, and removes facilities or equipment within a public

right-of-way to provide cable service or video service, it

shall comply with the following:

(1) The holder must locate its equipment in the

right-of-way as to cause only minimum interference with the

use of streets, alleys, and other public ways and places,

and to cause only minimum impact upon and interference with

the rights and reasonable convenience of property owners

who adjoin any of the said streets, alleys, or other public

ways. No fixtures shall be placed in any public ways in

such a manner to interfere with the usual travel on such

public ways, nor shall such fixtures or equipment limit the

visibility of vehicular or pedestrian traffic, or both.

(2) The holder shall comply with a local unit of

government's reasonable requests to place equipment on

public property where possible and promptly comply with

local unit of government direction with respect to the

location and screening of equipment and facilities. In

constructing or upgrading its cable or video network in the

right-of-way, the holder shall use the smallest suitable

equipment enclosures and power pedestals and cabinets then

in use by the holder for the application.

(3) The holder's construction practices shall be in

accordance with all applicable Sections of the

Occupational Safety and Health Act of 1970, as amended, as

well as all applicable State laws, including the Civil

Administrative Code of Illinois, and local codes, where

applicable, as adopted by the local unit of government. All

installation of electronic equipment shall be of a

permanent nature, durable, and, where applicable,

installed in accordance with the provisions of the National

Electrical Safety Code of the National Bureau of Standards

and National Electrical Code of the National Board of Fire

Underwriters.

(4) The holder shall not interfere with the local unit

of government's performance of public works. Nothing in the

State-issued authorization shall be in preference or

hindrance to the right of the local unit of government to

perform or carry on any public works or public improvements

of any kind. The holder expressly agrees that it shall, at

its own expense, protect, support, temporarily disconnect,

relocate in the same street or other public place, or

remove from such street or other public place any of the

network, system, facilities, or equipment when required to

do so by the local unit of government because of necessary

public health, safety, and welfare improvements. In the

event a holder and other users of a public right-of-way,

including incumbent cable operators or utilities, are

required to relocate and compensation is paid to the users

of such public right-of-way, such parties shall be treated

equally with respect to such compensation.

(5) The holder shall comply with all local units of

government inspection requirements. The making of

post-construction, subsequent or periodic inspections, or

both, or the failure to do so shall not operate to relieve

the holder of any responsibility, obligation, or

liability.

(6) The holder shall maintain insurance or provide

evidence of self insurance as required by an applicable

ordinance of the local unit of government.

(7) The holder shall reimburse all reasonable

make-ready expenses, including aerial and underground

installation expenses requested by the holder to the local

unit of government within 30 days of billing to the holder,

provided that such charges shall be at the same rates as

charges to others for the same or similar services.

(8) The holder shall indemnify and hold harmless the

local unit of government and all boards, officers,

employees, and representatives thereof from all claims,

demands, causes of action, liability, judgments, costs and

expenses, or losses for injury or death to persons or

damage to property owned by, and Worker's Compensation

claims against any parties indemnified herein, arising out

of, caused by, or as a result of the holder's construction,

lines, cable, erection, maintenance, use or presence of, or

removal of any poles, wires, conduit, appurtenances

thereto, or equipment or attachments thereto. The holder,

however, shall not indemnify the local unit of government

for any liabilities, damages, cost, and expense resulting

from the willful misconduct, or negligence of the local

unit of government, its officers, employees, and agents.

The obligations imposed pursuant to this Section by a local

unit of government shall be competitively neutral.

(9) The holder, upon request, shall provide the local

unit of government with information describing the

location of the cable service or video service facilities

and equipment located in the unit of local government's

rights-of-way pursuant to its State-issued authorization.

If designated by the holder as confidential, such

information provided pursuant to this subsection shall be

exempt from inspection and copying under the Illinois

Freedom of Information Act pursuant to the exemption

provided for under provision (mm) of item (1) of Section 7

of the Freedom of Information Act and any other present or

future exemptions applicable to such information and shall

not be disclosed by the unit of local government to any

third party without the written consent of the holder.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-1601)

Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of

this Article are repealed July 1, 2017 2015.

(Source: P.A. 98-45, eff. 6-28-13.)

ARTICLE II

Section 2-1. The Department of Central Management Services

Law of the Civil Administrative Code of Illinois is amended by

changing Section 405-270 as follows:

(20 ILCS 405/405-270) (was 20 ILCS 405/67.18)

Sec. 405-270. Communications services. To provide for and

co-ordinate communications services for State agencies and,

when requested and when in the best interests of the State, for

units of federal or local governments and public and

not-for-profit institutions of primary, secondary, and higher

education. The Department may make use of its satellite uplink

available to interested parties not associated with State

government provided that State government usage shall have

first priority. For this purpose the Department shall have the

power and duty to do all of the following:

(1) Provide for and control the procurement,

retention, installation, and maintenance of communications

equipment or services used by State agencies in the

interest of efficiency and economy.

(2) Establish standards by January 1, 1989 for

communications services for State agencies which shall

include a minimum of one telecommunication device for the

deaf installed and operational within each State agency, to

provide public access to agency information for those

persons who are hearing or speech impaired. The Department

shall consult the Department of Human Services to develop

standards and implementation for this equipment.

(3) Establish charges (i) for communication services

for State agencies and, when requested, for units of

federal or local government and public and not-for-profit

institutions of primary, secondary, or higher education

and (ii) for use of the Department's satellite uplink by

parties not associated with State government. Entities

charged for these services shall reimburse the Department.

(4) Instruct all State agencies to report their usage

of communication services regularly to the Department in

the manner the Director may prescribe.

(5) Analyze the present and future aims and needs of

all State agencies in the area of communications services

and plan to serve those aims and needs in the most

effective and efficient manner.

(6) Provide services, including, but not limited to,

telecommunications, video recording, satellite uplink,

public information, and other communications services.

(7) Establish the administrative organization within

the Department that is required to accomplish the purpose

of this Section.

The Department is authorized to conduct a study for the

purpose of determining technical, engineering, and management

specifications for the networking, compatible connection, or

shared use of existing and future public and private owned

television broadcast and reception facilities, including but

not limited to terrestrial microwave, fiber optic, and

satellite, for broadcast and reception of educational,

governmental, and business programs, and to implement those

specifications.

However, the Department may not control or interfere with

the input of content into the telecommunications systems by the

several State agencies or units of federal or local government,

or public or not-for-profit institutions of primary,

secondary, and higher education, or users of the Department's

satellite uplink.

As used in this Section, the term "State agencies" means

all departments, officers, commissions, boards, institutions,

and bodies politic and corporate of the State except (i) the

judicial branch, including, without limitation, the several

courts of the State, the offices of the clerk of the supreme

court and the clerks of the appellate court, and the

Administrative Office of the Illinois Courts and (ii) the

General Assembly, legislative service agencies, and all

officers of the General Assembly.

This Section does not apply to the procurement of Next

Generation 9-1-1 service as governed by Section 15.6b of the

Emergency Telephone System Act.

(Source: P.A. 94-91, eff. 7-1-05; 94-295, eff. 7-21-05; 95-331,

eff. 8-21-07.)

Section 2-3. The Illinois Administrative Procedure Act is

amended by changing Section 5-45 as follows:

(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

Sec. 5-45. Emergency rulemaking.

(a) "Emergency" means the existence of any situation that

any agency finds reasonably constitutes a threat to the public

interest, safety, or welfare.

(b) If any agency finds that an emergency exists that

requires adoption of a rule upon fewer days than is required by

Section 5-40 and states in writing its reasons for that

finding, the agency may adopt an emergency rule without prior

notice or hearing upon filing a notice of emergency rulemaking

with the Secretary of State under Section 5-70. The notice

shall include the text of the emergency rule and shall be

published in the Illinois Register. Consent orders or other

court orders adopting settlements negotiated by an agency may

be adopted under this Section. Subject to applicable

constitutional or statutory provisions, an emergency rule

becomes effective immediately upon filing under Section 5-65 or

at a stated date less than 10 days thereafter. The agency's

finding and a statement of the specific reasons for the finding

shall be filed with the rule. The agency shall take reasonable

and appropriate measures to make emergency rules known to the

persons who may be affected by them.

(c) An emergency rule may be effective for a period of not

longer than 150 days, but the agency's authority to adopt an

identical rule under Section 5-40 is not precluded. No

emergency rule may be adopted more than once in any 24 month

period, except that this limitation on the number of emergency

rules that may be adopted in a 24 month period does not apply

to (i) emergency rules that make additions to and deletions

from the Drug Manual under Section 5-5.16 of the Illinois

Public Aid Code or the generic drug formulary under Section

3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)

emergency rules adopted by the Pollution Control Board before

July 1, 1997 to implement portions of the Livestock Management

Facilities Act, (iii) emergency rules adopted by the Illinois

Department of Public Health under subsections (a) through (i)

of Section 2 of the Department of Public Health Act when

necessary to protect the public's health, (iv) emergency rules

adopted pursuant to subsection (n) of this Section, (v)

emergency rules adopted pursuant to subsection (o) of this

Section, or (vi) emergency rules adopted pursuant to subsection

(c-5) of this Section. Two or more emergency rules having

substantially the same purpose and effect shall be deemed to be

a single rule for purposes of this Section.

(c-5) To facilitate the maintenance of the program of group

health benefits provided to annuitants, survivors, and retired

employees under the State Employees Group Insurance Act of

1971, rules to alter the contributions to be paid by the State,

annuitants, survivors, retired employees, or any combination

of those entities, for that program of group health benefits,

shall be adopted as emergency rules. The adoption of those

rules shall be considered an emergency and necessary for the

public interest, safety, and welfare.

(d) In order to provide for the expeditious and timely

implementation of the State's fiscal year 1999 budget,

emergency rules to implement any provision of Public Act 90-587

or 90-588 or any other budget initiative for fiscal year 1999

may be adopted in accordance with this Section by the agency

charged with administering that provision or initiative,

except that the 24-month limitation on the adoption of

emergency rules and the provisions of Sections 5-115 and 5-125

do not apply to rules adopted under this subsection (d). The

adoption of emergency rules authorized by this subsection (d)

shall be deemed to be necessary for the public interest,

safety, and welfare.

(e) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2000 budget,

emergency rules to implement any provision of this amendatory

Act of the 91st General Assembly or any other budget initiative

for fiscal year 2000 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (e). The adoption of emergency rules authorized by

this subsection (e) shall be deemed to be necessary for the

public interest, safety, and welfare.

(f) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2001 budget,

emergency rules to implement any provision of this amendatory

Act of the 91st General Assembly or any other budget initiative

for fiscal year 2001 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (f). The adoption of emergency rules authorized by

this subsection (f) shall be deemed to be necessary for the

public interest, safety, and welfare.

(g) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2002 budget,

emergency rules to implement any provision of this amendatory

Act of the 92nd General Assembly or any other budget initiative

for fiscal year 2002 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (g). The adoption of emergency rules authorized by

this subsection (g) shall be deemed to be necessary for the

public interest, safety, and welfare.

(h) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2003 budget,

emergency rules to implement any provision of this amendatory

Act of the 92nd General Assembly or any other budget initiative

for fiscal year 2003 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (h). The adoption of emergency rules authorized by

this subsection (h) shall be deemed to be necessary for the

public interest, safety, and welfare.

(i) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2004 budget,

emergency rules to implement any provision of this amendatory

Act of the 93rd General Assembly or any other budget initiative

for fiscal year 2004 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (i). The adoption of emergency rules authorized by

this subsection (i) shall be deemed to be necessary for the

public interest, safety, and welfare.

(j) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2005 budget as provided under the Fiscal Year 2005 Budget

Implementation (Human Services) Act, emergency rules to

implement any provision of the Fiscal Year 2005 Budget

Implementation (Human Services) Act may be adopted in

accordance with this Section by the agency charged with

administering that provision, except that the 24-month

limitation on the adoption of emergency rules and the

provisions of Sections 5-115 and 5-125 do not apply to rules

adopted under this subsection (j). The Department of Public Aid

may also adopt rules under this subsection (j) necessary to

administer the Illinois Public Aid Code and the Children's

Health Insurance Program Act. The adoption of emergency rules

authorized by this subsection (j) shall be deemed to be

necessary for the public interest, safety, and welfare.

(k) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2006 budget, emergency rules to implement any provision of this

amendatory Act of the 94th General Assembly or any other budget

initiative for fiscal year 2006 may be adopted in accordance

with this Section by the agency charged with administering that

provision or initiative, except that the 24-month limitation on

the adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (k). The Department of Healthcare and Family

Services may also adopt rules under this subsection (k)

necessary to administer the Illinois Public Aid Code, the

Senior Citizens and Disabled Persons Property Tax Relief Act,

the Senior Citizens and Disabled Persons Prescription Drug

Discount Program Act (now the Illinois Prescription Drug

Discount Program Act), and the Children's Health Insurance

Program Act. The adoption of emergency rules authorized by this

subsection (k) shall be deemed to be necessary for the public

interest, safety, and welfare.

(l) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2007 budget, the Department of Healthcare and Family Services

may adopt emergency rules during fiscal year 2007, including

rules effective July 1, 2007, in accordance with this

subsection to the extent necessary to administer the

Department's responsibilities with respect to amendments to

the State plans and Illinois waivers approved by the federal

Centers for Medicare and Medicaid Services necessitated by the

requirements of Title XIX and Title XXI of the federal Social

Security Act. The adoption of emergency rules authorized by

this subsection (l) shall be deemed to be necessary for the

public interest, safety, and welfare.

(m) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2008 budget, the Department of Healthcare and Family Services

may adopt emergency rules during fiscal year 2008, including

rules effective July 1, 2008, in accordance with this

subsection to the extent necessary to administer the

Department's responsibilities with respect to amendments to

the State plans and Illinois waivers approved by the federal

Centers for Medicare and Medicaid Services necessitated by the

requirements of Title XIX and Title XXI of the federal Social

Security Act. The adoption of emergency rules authorized by

this subsection (m) shall be deemed to be necessary for the

public interest, safety, and welfare.

(n) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2010 budget, emergency rules to implement any provision of this

amendatory Act of the 96th General Assembly or any other budget

initiative authorized by the 96th General Assembly for fiscal

year 2010 may be adopted in accordance with this Section by the

agency charged with administering that provision or

initiative. The adoption of emergency rules authorized by this

subsection (n) shall be deemed to be necessary for the public

interest, safety, and welfare. The rulemaking authority

granted in this subsection (n) shall apply only to rules

promulgated during Fiscal Year 2010.

(o) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2011 budget, emergency rules to implement any provision of this

amendatory Act of the 96th General Assembly or any other budget

initiative authorized by the 96th General Assembly for fiscal

year 2011 may be adopted in accordance with this Section by the

agency charged with administering that provision or

initiative. The adoption of emergency rules authorized by this

subsection (o) is deemed to be necessary for the public

interest, safety, and welfare. The rulemaking authority

granted in this subsection (o) applies only to rules

promulgated on or after the effective date of this amendatory

Act of the 96th General Assembly through June 30, 2011.

(p) In order to provide for the expeditious and timely

implementation of the provisions of Public Act 97-689,

emergency rules to implement any provision of Public Act 97-689

may be adopted in accordance with this subsection (p) by the

agency charged with administering that provision or

initiative. The 150-day limitation of the effective period of

emergency rules does not apply to rules adopted under this

subsection (p), and the effective period may continue through

June 30, 2013. The 24-month limitation on the adoption of

emergency rules does not apply to rules adopted under this

subsection (p). The adoption of emergency rules authorized by

this subsection (p) is deemed to be necessary for the public

interest, safety, and welfare.

(q) In order to provide for the expeditious and timely

implementation of the provisions of Articles 7, 8, 9, 11, and

12 of this amendatory Act of the 98th General Assembly,

emergency rules to implement any provision of Articles 7, 8, 9,

11, and 12 of this amendatory Act of the 98th General Assembly

may be adopted in accordance with this subsection (q) by the

agency charged with administering that provision or

initiative. The 24-month limitation on the adoption of

emergency rules does not apply to rules adopted under this

subsection (q). The adoption of emergency rules authorized by

this subsection (q) is deemed to be necessary for the public

interest, safety, and welfare.

(r) In order to provide for the expeditious and timely

implementation of the provisions of this amendatory Act of the

98th General Assembly, emergency rules to implement this

amendatory Act of the 98th General Assembly may be adopted in

accordance with this subsection (r) by the Department of

Healthcare and Family Services. The 24-month limitation on the

adoption of emergency rules does not apply to rules adopted

under this subsection (r). The adoption of emergency rules

authorized by this subsection (r) is deemed to be necessary for

the public interest, safety, and welfare.

(s) In order to provide for the expeditious and timely

implementation of the provisions of Sections 5-5b.1 and 5A-2 of

the Illinois Public Aid Code, emergency rules to implement any

provision of Section 5-5b.1 or Section 5A-2 of the Illinois

Public Aid Code may be adopted in accordance with this

subsection (s) by the Department of Healthcare and Family

Services. The rulemaking authority granted in this subsection

(s) shall apply only to those rules adopted prior to July 1,

2015. Notwithstanding any other provision of this Section, any

emergency rule adopted under this subsection (s) shall only

apply to payments made for State fiscal year 2015. The adoption

of emergency rules authorized by this subsection (s) is deemed

to be necessary for the public interest, safety, and welfare.

(t) In order to provide for the expeditious and timely

implementation of the provisions of Article II of this

amendatory Act of the 99th General Assembly, emergency rules to

implement the changes made by Article II of this amendatory Act

of the 99th General Assembly to the Emergency Telephone System

Act may be adopted in accordance with this subsection (t) by

the Department of State Police. The rulemaking authority

granted in this subsection (t) shall apply only to those rules

adopted prior to July 1, 2016. The 24-month limitation on the

adoption of emergency rules does not apply to rules adopted

under this subsection (t). The adoption of emergency rules

authorized by this subsection (t) is deemed to be necessary for

the public interest, safety, and welfare.

(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;

98-651, eff. 6-16-14; 99-2, eff. 3-26-15.)

Section 2-5. The State Finance Act is amended by changing

Section 5.529 as follows:

(30 ILCS 105/5.529)

Sec. 5.529. The Statewide 9-1-1 Wireless Service Emergency

Fund.

(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)

Section 2-10. The Emergency Telephone System Act is amended

by changing Sections 2, 3, 4, 6, 6.1, 7, 8, 10, 10.2, 11, 12,

15, 15.1, 15.4, 15.5, 15.6, 15.7, and 15.8 and by adding

Sections 15.2c, 15.3a, 15.4a, 15.4b, 15.6a, 15.6b, 20, 30, 35,

40, 45, 50, 55, and 60 as follows:

(50 ILCS 750/2) (from Ch. 134, par. 32)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

"9-1-1 system" means the geographic area that has been

granted an order of authority by the Commission or the

Statewide 9-1-1 Administrator to use "9-1-1" as the primary

emergency telephone number.

"9-1-1 Authority" includes an Emergency Telephone System

Board, Joint Emergency Telephone System Board, and a qualified

governmental entity. "9-1-1 Authority" includes the Department

of State Police only to the extent it provides 9-1-1 services

under this Act.

"Administrator" means the Statewide 9-1-1 Administrator.

"Advanced service" means any telecommunications service

with dynamic bandwidth allocation, including, but not limited

to, ISDN Primary Rate Interface (PRI), that, through the use of

a DS-1, T-1, or similar un-channelized or multi-channel

transmission facility, is capable of transporting either the

subscriber's inter-premises voice telecommunications services

to the public switched network or the subscriber's 9-1-1 calls

to the public agency.

"ALI" or "automatic location identification" means, in an

E9-1-1 system, the automatic display at the public safety

answering point of the caller's telephone number, the address

or location of the telephone, and supplementary emergency

services information.

"ANI" or "automatic number identification" means the

automatic display of the 9-1-1 calling party's number on the

PSAP monitor.

"Automatic alarm" and "automatic alerting device" mean any

device that will access the 9-1-1 system for emergency services

upon activation.

"Board" means an Emergency Telephone System Board or a

Joint Emergency Telephone System Board created pursuant to

Section 15.4.

"Carrier" includes a telecommunications carrier and a

wireless carrier.

"Commission" means the Illinois Commerce Commission.

"Computer aided dispatch" or "CAD" means a database

maintained by the public safety agency or public safety

answering point used in conjunction with 9-1-1 caller data.

"Direct dispatch method" means a 9-1-1 service that

provides for the direct dispatch by a PSAP telecommunicator of

the appropriate unit upon receipt of an emergency call and the

decision as to the proper action to be taken.

"Department" means the Department of State Police.

"DS-1, T-1, or similar un-channelized or multi-channel

transmission facility" means a facility that can transmit and

receive a bit rate of at least 1.544 megabits per second

(Mbps).

"Dynamic bandwidth allocation" means the ability of the

facility or customer to drop and add channels, or adjust

bandwidth, when needed in real time for voice or data purposes.

"Enhanced 9-1-1" or "E9-1-1" means an emergency telephone

system that includes dedicated network, selective routing,

database, ALI, ANI, selective transfer, fixed transfer, and a

call back number.

"ETSB" means an emergency telephone system board appointed

by the corporate authorities of any county or municipality that

provides for the management and operation of a 9-1-1 system.

"Hearing-impaired individual" means a person with a

permanent hearing loss who can regularly and routinely

communicate by telephone only through the aid of devices which

can send and receive written messages over the telephone

network.

"Hosted supplemental 9-1-1 service" means a database

service that:

(1) electronically provides information to 9-1-1 call

takers when a call is placed to 9-1-1;

(2) allows telephone subscribers to provide

information to 9-1-1 to be used in emergency scenarios;

(3) collects a variety of formatted data relevant to

9-1-1 and first responder needs, which may include, but is

not limited to, photographs of the telephone subscribers,

physical descriptions, medical information, household

data, and emergency contacts;

(4) allows for information to be entered by telephone

subscribers through a secure website where they can elect

to provide as little or as much information as they choose;

(5) automatically displays data provided by telephone

subscribers to 9-1-1 call takers for all types of

telephones when a call is placed to 9-1-1 from a registered

and confirmed phone number;

(6) supports the delivery of telephone subscriber

information through a secure internet connection to all

emergency telephone system boards;

(7) works across all 9-1-1 call taking equipment and

allows for the easy transfer of information into a computer

aided dispatch system; and

(8) may be used to collect information pursuant to an

Illinois Premise Alert Program as defined in the Illinois

Premise Alert Program (PAP) Act.

"Interconnected voice over Internet protocol provider" or

"Interconnected VoIP provider" has the meaning given to that

term under Section 13-235 of the Public Utilities Act.

"Joint ETSB" means a Joint Emergency Telephone System Board

established by intergovernmental agreement of two or more

municipalities or counties, or a combination thereof, to

provide for the management and operation of a 9-1-1 system.

"Local public agency" means any unit of local government or

special purpose district located in whole or in part within

this State that provides or has authority to provide

firefighting, police, ambulance, medical, or other emergency

services.

"Mechanical dialer" means any device that either manually

or remotely triggers a dialing device to access the 9-1-1

system.

"Master Street Address Guide" means the computerized

geographical database that consists of all street and address

data within a 9-1-1 system.

"Mobile telephone number" or "MTN" means the telephone

number assigned to a wireless telephone at the time of initial

activation.

"Network connections" means the number of voice grade

communications channels directly between a subscriber and a

telecommunications carrier's public switched network, without

the intervention of any other telecommunications carrier's

switched network, which would be required to carry the

subscriber's inter-premises traffic and which connection

either (1) is capable of providing access through the public

switched network to a 9-1-1 Emergency Telephone System, if one

exists, or (2) if no system exists at the time a surcharge is

imposed under Section 15.3, that would be capable of providing

access through the public switched network to the local 9-1-1

Emergency Telephone System if one existed. Where multiple voice

grade communications channels are connected to a

telecommunications carrier's public switched network through a

private branch exchange (PBX) service, there shall be

determined to be one network connection for each trunk line

capable of transporting either the subscriber's inter-premises

traffic to the public switched network or the subscriber's

9-1-1 calls to the public agency. Where multiple voice grade

communications channels are connected to a telecommunications

carrier's public switched network through centrex type

service, the number of network connections shall be equal to

the number of PBX trunk equivalents for the subscriber's

service, as determined by reference to any generally applicable

exchange access service tariff filed by the subscriber's

telecommunications carrier with the Commission.

"Network costs" means those recurring costs that directly

relate to the operation of the 9-1-1 network as determined by

the Statewide 9-1-1 Advisory Board, including, but not limited

to, costs for interoffice trunks, selective routing charges,

transfer lines and toll charges for 9-1-1 services, Automatic

Location Information (ALI) database charges, call box trunk

circuit (including central office only and not including

extensions to fire stations), independent local exchange

carrier charges and non-system provider charges, carrier

charges for third party database for on-site customer premises

equipment, back-up PSAP trunks for non-system providers,

periodic database updates as provided by carrier (also known as

"ALI data dump"), regional ALI storage charges, circuits for

call delivery (fiber or circuit connection), NG9-1-1 costs, and

all associated fees, taxes, and surcharges on each invoice.

"Network costs" shall not include radio circuits or toll

charges that are other than for 9-1-1 services.

"Next generation 9-1-1" or "NG9-1-1" means an Internet

Protocol-based (IP-based) system comprised of managed ESInets,

functional elements and applications, and databases that

replicate traditional E9-1-1 features and functions and

provide additional capabilities. "NG9-1-1" systems are

designed to provide access to emergency services from all

connected communications sources, and provide multimedia data

capabilities for PSAPs and other emergency services

organizations.

"NG9-1-1 costs" means those recurring costs that directly

relate to the Next Generation 9-1-1 service as determined by

the Statewide 9-1-1 Advisory Board, including, but not limited

to, costs for Emergency System Routing Proxy (ESRP), Emergency

Call Routing Function/Location Validation Function (ECRF/LVF),

Spatial Information Function (SIF), the Border Control

Function (BCF), and the Emergency Services Internet Protocol

networks (ESInets), legacy network gateways, and all

associated fees, taxes, and surcharges on each invoice.

"Private branch exchange" or "PBX" means a private

telephone system and associated equipment located on the user's

property that provides communications between internal

stations and external networks.

"Private business switch service" means a

telecommunications service including centrex type service and

PBX service, even though key telephone systems or equivalent

telephone systems registered with the Federal Communications

Commission under 47 C.F.R. Part 68 are directly connected to

centrex type and PBX systems providing 9-1-1 services equipped

for switched local network connections or 9-1-1 system access

to business end users through a private telephone switch.

"Private business switch service" does not include key

telephone systems or equivalent telephone systems registered

with the Federal Communications Commission under 47 C.F.R. Part

68 when not used in conjunction with centrex type and PBX

systems. "Private business switch service" typically includes,

but is not limited to, private businesses, corporations, and

industries where the telecommunications service is primarily

for conducting business.

"Private residential switch service" means a

telecommunications service including centrex type service and

PBX service, even though key telephone systems or equivalent

telephone systems registered with the Federal Communications

Commission under 47 C.F.R. Part 68 are directly connected to

centrex type and PBX systems providing 9-1-1 services equipped

for switched local network connections or 9-1-1 system access

to residential end users through a private telephone switch.

"Private residential switch service" does not include key

telephone systems or equivalent telephone systems registered

with the Federal Communications Commission under 47 C.F.R. Part

68 when not used in conjunction with centrex type and PBX

systems. "Private residential switch service" typically

includes, but is not limited to, apartment complexes,

condominiums, and campus or university environments where

shared tenant service is provided and where the usage of the

telecommunications service is primarily residential.

"Public agency" means the State, and any unit of local

government or special purpose district located in whole or in

part within this State, that provides or has authority to

provide firefighting, police, ambulance, medical, or other

emergency services.

"Public safety agency" means a functional division of a

public agency that provides firefighting, police, medical, or

other emergency services. For the purpose of providing wireless

service to users of 9-1-1 emergency services, as expressly

provided for in this Act, the Department of State Police may be

considered a public safety agency.

"Public safety answering point" or "PSAP" means the initial

answering location of an emergency call.

"Qualified governmental entity" means a unit of local

government authorized to provide 9-1-1 services pursuant to

this Act where no emergency telephone system board exists.

"Referral method" means a 9-1-1 service in which the PSAP

telecommunicator provides the calling party with the telephone

number of the appropriate public safety agency or other

provider of emergency services.

"Regular service" means any telecommunications service,

other than advanced service, that is capable of transporting

either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency.

"Relay method" means a 9-1-1 service in which the PSAP

telecommunicator takes the pertinent information from a caller

and relays that information to the appropriate public safety

agency or other provider of emergency services.

"Remit period" means the billing period, one month in

duration, for which a wireless carrier remits a surcharge and

provides subscriber information by zip code to the Department,

in accordance with Section 20 of this Act.

"Statewide wireless emergency 9-1-1 system" means all

areas of the State where an emergency telephone system board

or, in the absence of an emergency telephone system board, a

qualified governmental entity, has not declared its intention

for one or more of its public safety answering points to serve

as a primary wireless 9-1-1 public safety answering point for

its jurisdiction. The operator of the statewide wireless

emergency 9-1-1 system shall be the Department of State Police.

"System" means the communications equipment and related

software applications required to produce a response by the

appropriate emergency public safety agency or other provider of

emergency services as a result of an emergency call being

placed to 9-1-1.

"System provider" means the contracted entity providing

9-1-1 network and database services.

"Telecommunications carrier" means those entities included

within the definition specified in Section 13-202 of the Public

Utilities Act, and includes those carriers acting as resellers

of telecommunications services. "Telecommunications carrier"

includes telephone systems operating as mutual concerns.

"Telecommunications carrier" does not include a wireless

carrier.

"Telecommunications technology" means equipment that can

send and receive written messages over the telephone network.

"Transfer method" means a 9-1-1 service in which the PSAP

telecommunicator receiving a call transfers that call to the

appropriate public safety agency or other provider of emergency

services.

"Transmitting messages" shall have the meaning given to

that term under Section 8-11-2 of the Illinois Municipal Code.

"Trunk line" means a transmission path, or group of

transmission paths, connecting a subscriber's PBX to a

telecommunications carrier's public switched network. In the

case of regular service, each voice grade communications

channel or equivalent amount of bandwidth capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered a trunk line, even if it is bundled with other

channels or additional bandwidth. In the case of advanced

service, each DS-1, T-1, or similar un-channelized or

multi-channel transmission facility that is capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered a single trunk line, even if it contains multiple

voice grade communications channels or otherwise supports 2 or

more voice grade calls at a time; provided, however, that each

additional 1.544 Mbps of transmission capacity that is capable

of transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered an additional trunk line.

"Voice-impaired individual" means a person with a

permanent speech disability which precludes oral

communication, who can regularly and routinely communicate by

telephone only through the aid of devices which can send and

receive written messages over the telephone network.

"Wireless carrier" means a provider of two-way cellular,

broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial

Mobile Radio Service (CMRS), Wireless Communications Service

(WCS), or other Commercial Mobile Radio Service (CMRS), as

defined by the Federal Communications Commission, offering

radio communications that may provide fixed, mobile, radio

location, or satellite communication services to individuals

or businesses within its assigned spectrum block and

geographical area or that offers real-time, two-way voice

service that is interconnected with the public switched

network, including a reseller of such service.

"Wireless enhanced 9-1-1" means the ability to relay the

telephone number of the originator of a 9-1-1 call and location

information from any mobile handset or text telephone device

accessing the wireless system to the designated wireless public

safety answering point as set forth in the order of the Federal

Communications Commission, FCC Docket No. 94-102, adopted June

12, 1996, with an effective date of October 1, 1996, and any

subsequent amendment thereto.

"Wireless public safety answering point" means the

functional division of a 9-1-1 authority accepting wireless

9-1-1 calls.

"Wireless subscriber" means an individual or entity to whom

a wireless service account or number has been assigned by a

wireless carrier, other than an account or number associated

with prepaid wireless telecommunication service.

As used in this Act, the terms defined in Sections following

this Section and preceding Section 3 have the meanings ascribed

to them in those Sections.

(Source: P.A. 88-497.)

(50 ILCS 750/3) (from Ch. 134, par. 33)

Sec. 3. (a) By July 1, 2017, every local public agency

shall be within the jurisdiction of a 9-1-1 system. Every local

public agency in a county having 100,000 or more inhabitants,

within its respective jurisdiction, shall establish and have in

operation within 3 years after the implementation date or by

December 31, 1985, whichever is later, a basic or sophisticated

system as specified in this Act. Other public agencies may

establish such a system, and shall be entitled to participate

in any program of grants or other State funding of such

systems.

(b) By July 1, 2020, every 9-1-1 system in Illinois shall

provide Next Generation 9-1-1 service. The establishment of

such systems shall be centralized to the extent feasible.

(c) Nothing in this Act shall be construed to prohibit or

discourage in any way the formation of multijurisdictional or

regional systems, and any system established pursuant to this

Act may include the territory of more than one public agency or

may include a segment of the territory of a public agency.

(Source: P.A. 81-1509.)

(50 ILCS 750/4) (from Ch. 134, par. 34)

Sec. 4. Every system shall include police, firefighting,

and emergency medical and ambulance services, and may include

other emergency services, in the discretion of the affected

local public agency, such as poison control services, suicide

prevention services, and civil defense services. The system may

incorporate private ambulance service. In those areas in which

a public safety agency of the state provides such emergency

services, the system shall include such public safety agencies.

(Source: P.A. 79-1092.)

(50 ILCS 750/6) (from Ch. 134, par. 36)

Sec. 6. Capabilities of system; pay telephones. All systems

shall be designed to meet the specific requirements of each

community and public agency served by the system. Every system,

whether basic or sophisticated, shall be designed to have the

capability of utilizing the direct dispatch method, relay

method, transfer method, or referral method at least 1 of the

methods specified in Sections 2.03 through 2.06, in response to

emergency calls. The General Assembly finds and declares that

the most critical aspect of the design of any system is the

procedure established for handling a telephone request for

emergency services.

In addition, to maximize efficiency and utilization of the

system, all pay telephones within each system shall, within 3

years after the implementation date or by December 31, 1985,

whichever is later, enable a caller to dial "9-1-1" for

emergency services without the necessity of inserting a coin.

This paragraph does not apply to pay telephones located in

penal institutions, as defined in Section 2-14 of the Criminal

Code of 2012, that have been designated for the exclusive use

of committed persons.

(Source: P.A. 97-1150, eff. 1-25-13.)

(50 ILCS 750/6.1) (from Ch. 134, par. 36.1)

Sec. 6.1. Every The Commission shall require that every

9-1-1 system shall be readily accessible to hearing-impaired

and voice-impaired individuals through the use of

telecommunications technology for hearing-impaired and

speech-impaired individuals.

As used in this Section:

"Hearing-impaired individual" means a person with a

permanent hearing loss who can regularly and routinely

communicate by telephone only through the aid of devices

which can send and receive written messages over the

telephone network.

"Voice-impaired individual" means a person with a

permanent speech disability which precludes oral

communication, who can regularly and routinely communicate

by telephone only through the aid of devices which can send

and receive written messages over the telephone network.

"Telecommunications technology" means equipment that

can send and receive written messages over the telephone

network.

(Source: P.A. 87-146.)

(50 ILCS 750/7) (from Ch. 134, par. 37)

Sec. 7. The General Assembly finds that, because of

overlapping jurisdiction of public agencies, public safety

agencies and telephone service areas, the Administrator, with

the advice and recommendation of the Statewide 9-1-1 Advisory

Board, Commission shall establish a general overview or plan to

effectuate the purposes of this Act within the time frame

provided in this Act. In order to insure that proper

preparation and implementation of emergency telephone systems

are accomplished by all public agencies as required under this

Act in a county having 100,000 or more inhabitants within 3

years after the implementation date or by December 31, 1985,

whichever is later, the Department Commission, with the advice

and assistance of the Attorney General, shall secure compliance

by public agencies as provided in this Act.

(Source: P.A. 81-1122.)

(50 ILCS 750/8) (from Ch. 134, par. 38)

Sec. 8. The Administrator Commission, with the advice and

recommendation assistance of the Statewide 9-1-1 Advisory

Board Attorney General, shall coordinate the implementation of

systems established under this Act. The Commission, with the

advice and assistance of the Attorney General, shall assist

local public agencies and local public safety agencies in

obtaining financial help to establish emergency telephone

service, and shall aid such agencies in the formulation of

concepts, methods, and procedures which will improve the

operation of systems required by this Act and which will

increase cooperation between public safety agencies.

(Source: P.A. 79-1092.)

(50 ILCS 750/10) (from Ch. 134, par. 40)

Sec. 10. The Administrator, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, shall

establish uniform technical and operational standards for all

9-1-1 systems in Illinois. All findings, orders, decisions,

rules, and regulations issued or promulgated by the Commission

under this Act or any other Act establishing or conferring

power on the Commission with respect to emergency

telecommunications services, shall continue in force.

Notwithstanding the provisions of this Section, where

applicable, the Administrator shall, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, amend the

Commission's findings, orders, decisions, rules, and

regulations to conform to the specific provisions of this Act

as soon as practicable after the effective date of this

amendatory Act of the 99th General Assembly. The Department may

adopt emergency rules necessary to implement the provisions of

this amendatory Act of the 99th General Assembly under

subsection (t) of Section 5-45 of the Illinois Administrative

Procedure Act. Technical and operational standards for the

development of the local agency systems shall be established

and reviewed by the Commission on or before December 31, 1979,

after consultation with all agencies specified in Section 9.

For the limited purpose of permitting a board, a qualified

governmental entity, a group of boards, or a group of

governmental entities to participate in a Regional Pilot

Project to implement next generation 9-1-1, as defined in this

Act, the Commission may forbear from applying any rule adopted

under the Emergency Telephone Systems Act as it applies to

conducting of the Regional Pilot Project to implement next

generation 9-1-1, if the Commission determines, after notice

and hearing, that:

(1) enforcement of the rule is not necessary to ensure

the development and improvement of emergency communication

procedures and facilities in such a manner as to be able to

quickly respond to any person requesting 9-1-1 service from

police, fire, medical, rescue, and other emergency

services;

(2) enforcement of the rule or provision is not

necessary for the protection of consumers; and

(3) forbearance from applying the provisions or rules

is consistent with the public interest.

The Commission may exercise such forbearance with respect

to one, and only one, Regional Pilot Project to implement next

generation 9-1-1.

If the Commission authorizes a Regional Pilot Project, then

telecommunications carriers shall not be liable for any civil

damages as a result of any act or omission, except willful or

wanton misconduct, in connection with developing, adopting,

operating, implementing, or delivering or receiving calls in

connection with any plan or system authorized by this Section

and Section 11 of this Act.

(Source: P.A. 96-1443, eff. 8-20-10.)

(50 ILCS 750/10.2) (from Ch. 134, par. 40.2)

Sec. 10.2. The Emergency Telephone System Board in any

county passing a referendum under Section 15.3, and the

Chairman of the County Board in any county implementing a 9-1-1

system shall ensure that all areas of the county are included

in the system.

(Source: P.A. 87-146.)

(50 ILCS 750/11) (from Ch. 134, par. 41)

Sec. 11. Within one year after the implementation date or

by January 31, 1980, whichever is later, all public agencies in

a county having 100,000 or more inhabitants shall submit

tentative plans of the establishment of a system required by

this Act to the public utility or utilities providing public

telephone service within the respective jurisdiction of each

public agency. A copy of each such plan shall be filed with the

Commission.

Within 2 years after the implementation date or by January

31, 1982, whichever is later, all public agencies in a county

having 100,000 or more inhabitants shall submit final plans for

the establishment of the system to such utilities, and shall

make arrangements with such utilities for the implementation of

the planned emergency telephone system no later than 3 years

after the implementation date or by December 31, 1985,

whichever is later. A copy of the plan required by this

subdivision shall be filed with the Commission. In order to

secure compliance with the standards promulgated under Section

10, the Commission shall have the power to approve or

disapprove such plan, unless such plan was announced before the

effective date of this Act.

If any public agency has implemented or is a part of a

system required by this Act on a deadline specified in this

Section, such public agency shall submit in lieu of the

tentative or final plan a report describing the system and

stating its operational date.

A board, a qualified governmental entity, a group of

boards, or a group of qualified governmental entities involved

in a Regional Pilot Project to implement next generation 9-1-1,

as defined in this Act, shall submit a plan to the Commission

describing in detail the Regional Pilot Project no fewer than

180 days prior to the implementation of the plan. The

Commission may approve the plan after notice and hearing to

authorize such Regional Pilot Project. Such shall not exceed

one year duration or other time period approved by the

Commission. No entity may proceed with the Regional Pilot

Project until it receives Commission approval. In approving any

plan for a Regional Pilot Project under this Section, the

Commission may impose such terms, conditions, or requirements

as, in its judgment, are necessary to protect the interests of

the public.

The Commission shall have authority to approve one, and

only one, Regional Pilot Project to implement next generation

9-1-1.

All local public agencies operating a 9-1-1 system shall

operate under a plan that has been filed with and approved by

the Commission prior to January 1, 2016, or the Administrator.

Plans filed under this Section shall conform to minimum

standards established pursuant to Section 10.

(Source: P.A. 96-1443, eff. 8-20-10.)

(50 ILCS 750/12) (from Ch. 134, par. 42)

Sec. 12. The Attorney General may, in behalf of the

Department Commission or on his own initiative, commence

judicial proceedings to enforce compliance by any public agency

or public utility providing telephone service with this Act.

(Source: P.A. 79-1092.)

(50 ILCS 750/15) (from Ch. 134, par. 45)

Sec. 15. Copies of the annual certified notification of

continuing agreement required by Section 14 shall be filed with

the Attorney General and the Administrator Commission. All

Commencing with the year 1987, all such agreements shall be so

filed prior to the 31st day of January. The Attorney General

shall commence judicial proceedings to enforce compliance with

this Section and Section 14, where a public agency or public

safety agency has failed to timely enter into such agreement or

file copies thereof.

(Source: P.A. 86-101.)

(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)

Sec. 15.1. Public body; exemption from civil liability for

developing or operating emergency telephone system.

(a) In no event shall a No public agency, the Commission,

the Statewide 9-1-1 Advisory Board, the Administrator, the

Department of State Police, public safety agency, public safety

answering point, emergency telephone system board, or unit of

local government assuming the duties of an emergency telephone

system board, or carrier, or its officers, employees, assigns,

or agents nor any officer, agent or employee of any public

agency, public safety agency, emergency telephone system

board, or unit of local government assuming the duties of an

emergency telephone system board, shall be liable for any civil

damages or criminal liability that directly or indirectly

results from, or is caused by, any act or omission in the

development, design, installation, operation, maintenance,

performance, or provision of 9-1-1 service required by this

Act, unless the act or omission constitutes gross negligence,

recklessness, or intentional misconduct as a result of any act

or omission, except willful or wanton misconduct, in connection

with developing, adopting, operating or implementing any plan

or system required by this Act.

A unit of local government, the Commission, the Statewide

9-1-1 Advisory Board, the Administrator, the Department of

State Police, public safety agency, public safety answering

point, emergency telephone system board, or carrier, or its

officers, employees, assigns, or agents, shall not be liable

for any form of civil damages or criminal liability that

directly or indirectly results from, or is caused by, the

release of subscriber information to any governmental entity as

required under the provisions of this Act, unless the release

constitutes gross negligence, recklessness, or intentional

misconduct.

(b) Exemption from civil liability for emergency

instructions is as provided in the Good Samaritan Act.

(c) This Section may not be offered as a defense in any

judicial proceeding brought by the Attorney General under

Section 12 to compel compliance with this Act.

(Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)

(50 ILCS 750/15.2c new)

Sec. 15.2c. Call boxes. No carrier shall be required to

provide a call box. For purposes of this Section, the term

"call box" means a device that is normally mounted to an

outside wall of the serving telecommunications carrier central

office and designed to provide emergency on-site answering by

authorized personnel at the central office location in the

event a central office is isolated from the 9-1-1 network.

(50 ILCS 750/15.3a new)

Sec. 15.3a. Local wireless surcharge.

(a) Notwithstanding any other provision of this Act, a unit

of local government or emergency telephone system board

providing wireless 9-1-1 service and imposing and collecting a

wireless carrier surcharge prior to July 1, 1998 may continue

its practices of imposing and collecting its wireless carrier

surcharge, but, except as provided in subsection (b) of this

Section, in no event shall that monthly surcharge exceed $2.50

per commercial mobile radio service (CMRS) connection or

in-service telephone number billed on a monthly basis. For

mobile telecommunications services provided on and after

August 1, 2002, any surcharge imposed shall be imposed based

upon the municipality or county that encompasses the customer's

place of primary use as defined in the Mobile

Telecommunications Sourcing Conformity Act.

(b) Until July 1, 2017, the corporate authorities of a

municipality with a population in excess of 500,000 on the

effective date of this amendatory Act of the 99th General

Assembly may by ordinance continue to impose and collect a

monthly surcharge per commercial mobile radio service (CMRS)

connection or in-service telephone number billed on a monthly

basis that does not exceed the highest monthly surcharge

imposed as of January 1, 2014 by any county or municipality

under subsection (c) of Section 15.3 of this Act. On or after

July 1, 2017, the municipality may continue imposing and

collecting its wireless carrier surcharge as provided in and

subject to the limitations of subsection (a) of this Section.

(c) In addition to any other lawful purpose, a municipality

with a population over 500,000 may use the moneys collected

under this Section for any anti-terrorism or emergency

preparedness measures, including, but not limited to,

preparedness planning, providing local matching funds for

federal or State grants, personnel training, and specialized

equipment, including surveillance cameras, as needed to deal

with natural and terrorist-inspired emergency situations or

events.

(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)

Sec. 15.4. Emergency Telephone System Board; powers.

(a) Except as provided in subsection (e) of this Section,

the The corporate authorities of any county or municipality may

that imposes a surcharge under Section 15.3 shall establish an

Emergency Telephone System Board. The corporate authorities

shall provide for the manner of appointment and the number of

members of the Board, provided that the board shall consist of

not fewer than 5 members, one of whom must be a public member

who is a resident of the local exchange service territory

included in the 9-1-1 coverage area, one of whom (in counties

with a population less than 100,000) may must be a member of

the county board, and at least 3 of whom shall be

representative of the 9-1-1 public safety agencies, including

but not limited to police departments, fire departments,

emergency medical services providers, and emergency services

and disaster agencies, and appointed on the basis of their

ability or experience. In counties with a population of more

than 100,000 but less than 2,000,000, a member of the county

board may serve on the Emergency Telephone System Board.

Elected officials, including members of a county board, are

also eligible to serve on the board. Members of the board shall

serve without compensation but shall be reimbursed for their

actual and necessary expenses. Any 2 or more municipalities,

counties, or combination thereof, that impose a surcharge under

Section 15.3 may, instead of establishing individual boards,

establish by intergovernmental agreement a Joint Emergency

Telephone System Board pursuant to this Section. The manner of

appointment of such a joint board shall be prescribed in the

agreement.

Upon the effective date of this amendatory Act of the 98th

General Assembly, appointed members of the Emergency Telephone

System Board shall serve staggered 3-year terms if: (1) the

Board serves a county with a population of 100,000 or less; and

(2) appointments, on the effective date of this amendatory Act

of the 98th General Assembly, are not for a stated term. The

corporate authorities of the county or municipality shall

assign terms to the board members serving on the effective date

of this amendatory Act of the 98th General Assembly in the

following manner: (1) one-third of board members' terms shall

expire on January 1, 2015; (2) one-third of board members'

terms shall expire on January 1, 2016; and (3) remaining board

members' terms shall expire on January 1, 2017. Board members

may be re-appointed upon the expiration of their terms by the

corporate authorities of the county or municipality.

The corporate authorities of a county or municipality may,

by a vote of the majority of the members elected, remove an

Emergency Telephone System Board member for misconduct,

official misconduct, or neglect of office.

(b) The powers and duties of the board shall be defined by

ordinance of the municipality or county, or by

intergovernmental agreement in the case of a joint board. The

powers and duties shall include, but need not be limited to the

following:

(1) Planning a 9-1-1 system.

(2) Coordinating and supervising the implementation,

upgrading, or maintenance of the system, including the

establishment of equipment specifications and coding

systems.

(3) Receiving moneys from the surcharge imposed under

Section 15.3, or disbursed to it under Section 30, and from

any other source, for deposit into the Emergency Telephone

System Fund.

(4) Authorizing all disbursements from the fund.

(5) Hiring any staff necessary for the implementation

or upgrade of the system.

(6) (Blank). Participating in a Regional Pilot Project

to implement next generation 9-1-1, as defined in this Act,

subject to the conditions set forth in this Act.

(c) All moneys received by a board pursuant to a surcharge

imposed under Section 15.3, or disbursed to it under Section

30, shall be deposited into a separate interest-bearing

Emergency Telephone System Fund account. The treasurer of the

municipality or county that has established the board or, in

the case of a joint board, any municipal or county treasurer

designated in the intergovernmental agreement, shall be

custodian of the fund. All interest accruing on the fund shall

remain in the fund. No expenditures may be made from such fund

except upon the direction of the board by resolution passed by

a majority of all members of the board. Expenditures may be

made only to pay for the costs associated with the following:

(1) The design of the Emergency Telephone System.

(2) The coding of an initial Master Street Address

Guide data base, and update and maintenance thereof.

(3) The repayment of any moneys advanced for the

implementation of the system.

(4) The charges for Automatic Number Identification

and Automatic Location Identification equipment, a

computer aided dispatch system that records, maintains,

and integrates information, mobile data transmitters

equipped with automatic vehicle locators, and maintenance,

replacement and update thereof to increase operational

efficiency and improve the provision of emergency

services.

(5) The non-recurring charges related to installation

of the Emergency Telephone System and the ongoing network

charges.

(6) The acquisition and installation, or the

reimbursement of costs therefor to other governmental

bodies that have incurred those costs, of road or street

signs that are essential to the implementation of the

emergency telephone system and that are not duplicative of

signs that are the responsibility of the jurisdiction

charged with maintaining road and street signs.

(7) Other products and services necessary for the

implementation, upgrade, and maintenance of the system and

any other purpose related to the operation of the system,

including costs attributable directly to the construction,

leasing, or maintenance of any buildings or facilities or

costs of personnel attributable directly to the operation

of the system. Costs attributable directly to the operation

of an emergency telephone system do not include the costs

of public safety agency personnel who are and equipment

that is dispatched in response to an emergency call.

(7.5) The purchase of real property if the purchase is

made before March 16, 2006.

(8) In the case of a municipality that imposes a

surcharge under subsection (h) of Section 15.3, moneys may

also be used for any anti-terrorism or emergency

preparedness measures, including, but not limited to,

preparedness planning, providing local matching funds for

federal or State grants, personnel training, and

specialized equipment, including surveillance cameras as

needed to deal with natural and terrorist-inspired

emergency situations or events.

(9) The defraying of expenses incurred in

participation in a Regional Pilot Project to implement next

generation 9-1-1, subject to the conditions set forth in

this Act.

(10) The implementation of a computer aided dispatch

system or hosted supplemental 9-1-1 services.

Moneys in the fund may also be transferred to a

participating fire protection district to reimburse volunteer

firefighters who man remote telephone switching facilities

when dedicated 9-1-1 lines are down.

(d) The board shall complete a Master Street Address Guide

database the data base before implementation of the 9-1-1

system. The error ratio of the database data base shall not at

any time exceed 1% of the total database data base.

(e) On and after January 1, 2016, no municipality or county

may create an Emergency Telephone System Board unless the board

is a Joint Emergency Telephone System Board. The corporate

authorities of any county or municipality entering into an

intergovernmental agreement to create or join a Joint Emergency

Telephone System Board shall rescind the ordinance or

ordinances creating the original Emergency Telephone System

Board and shall eliminate the Emergency Telephone System Board,

effective upon the creation, with regulatory approval by the

Administrator, or joining of the Joint Emergency Telephone

System Board.

(Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12;

98-481, eff. 8-16-13.)

(50 ILCS 750/15.4a new)

Sec. 15.4a. Consolidation.

(a) By July 1, 2017, and except as otherwise provided in

this Section, Emergency Telephone System Boards, Joint

Emergency Telephone System Boards, qualified governmental

entities, and PSAPs shall be consolidated as follows, subject

to subsections (b) and (c) of this Section:

(1) In any county with a population of at least 250,000

that has a single Emergency Telephone System Board, or

qualified governmental entity and more than 2 PSAPs, shall

reduce the number of PSAPs by at least 50% or to 2 PSAPs,

whichever is greater. Nothing in this paragraph shall

preclude consolidation resulting in one PSAP in the county.

(2) In any county with a population of at least 250,000

that has more than one Emergency Telephone System Board,

Joint Emergency Telephone System Board, or qualified

governmental entity, any 9-1-1 Authority serving a

population of less than 25,000 shall be consolidated such

that no 9-1-1 Authority in the county serves a population

of less than 25,000.

(3) In any county with a population of at least 250,000

but less than 1,000,000 that has more than one Emergency

Telephone System Board, Joint Emergency Telephone System

Board, or qualified governmental entity, each 9-1-1

Authority shall reduce the number of PSAPs by at least 50%

or to 2 PSAPs, whichever is greater. Nothing in this

paragraph shall preclude consolidation of a 9-1-1

Authority into a Joint Emergency Telephone System Board,

and nothing in this paragraph shall preclude consolidation

resulting in one PSAP in the county.

(4) In any county with a population of less than

250,000 that has a single Emergency Telephone System Board

or qualified governmental entity and more than 2 PSAPs, the

9-1-1 Authority shall reduce the number of PSAPs by at

least 50% or to 2 PSAPs, whichever is greater. Nothing in

this paragraph shall preclude consolidation resulting in

one PSAP in the county.

(5) In any county with a population of less than

250,000 that has more than one Emergency Telephone System

Board, Joint Emergency Telephone System Board, or

qualified governmental entity and more than 2 PSAPS, the

9-1-1 Authorities shall be consolidated into a single joint

board, and the number of PSAPs shall be reduced by at least

50% or to 2 PSAPs, whichever is greater. Nothing in this

paragraph shall preclude consolidation resulting in one

PSAP in the county.

(6) Any 9-1-1 Authority that does not have a PSAP

within its jurisdiction shall be consolidated through an

intergovernmental agreement with an existing 9-1-1

Authority that has a PSAP to create a Joint Emergency

Telephone Board.

(7) The corporate authorities of each county that has

no 9-1-1 service as of January 1, 2016 shall provide

enhanced 9-1-1 wireline and wireless enhanced 9-1-1

service for that county by either (i) entering into an

intergovernmental agreement with an existing Emergency

Telephone System Board to create a new Joint Emergency

Telephone System Board, or (ii) entering into an

intergovernmental agreement with the corporate authorities

that have created an existing Joint Emergency Telephone

System Board.

(b) By July 1, 2016, each county required to consolidate

pursuant to paragraph (7) of subsection (a) of this Section and

each 9-1-1 Authority required to consolidate pursuant to

paragraphs (1) through (6) of subsection (a) of this Section

shall file a plan for consolidation or a request for a waiver

pursuant to subsection (c) of this Section with the Division of

9-1-1. Within 60 calendar days of receiving a consolidation

plan, the Statewide 9-1-1 Advisory Board shall hold at least

one public hearing on the plan and provide a recommendation to

the Administrator. Notice of the hearing shall be provided to

the respective entity to which the plan applies. Within 90

calendar days of receiving a consolidation plan, the

Administrator shall approve the plan, approve the plan as

modified, or grant a waiver pursuant to subsection (c) of this

Section. In making his or her decision, the Administrator shall

consider any recommendation from the Statewide 9-1-1 Advisory

Board regarding the plan. If the Administrator does not follow

the recommendation of the Board, the Administrator shall

provide a written explanation for the deviation in his or her

decision. The deadlines provided in this subsection may be

extended upon agreement between the Administrator and entity

which submitted the plan.

(c) A waiver from a consolidation required under subsection

(a) of this Section may be granted if the Administrator finds

that the consolidation will result in a substantial threat to

public safety, is economically unreasonable, or is technically

infeasible.

(d) Any decision of the Administrator under this Section

shall be deemed a final administrative decision and shall be

subject to judicial review under the Administrative Review Law.

(50 ILCS 750/15.4b new)

Sec. 15.4b. Consolidation grants.

(a) The Administrator, with the advice and recommendation

of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1

System Consolidation Grant Program to defray costs associated

with 9-1-1 system consolidation of systems outside of a

municipality with a population in excess of 500,000. The

awarded grants will be used to offset non-recurring costs

associated with the consolidation of 9-1-1 systems and shall

not be used for ongoing operating costs associated with the

consolidated system. The Department, in consultation with the

Administrator and the Statewide 9-1-1 Advisory Board, shall

adopt rules defining the grant process and criteria for issuing

the grants. The grants should be awarded based on criteria that

include, but are not limited to:

(1) reducing the number of transfers of a 9-1-1 call;

(2) reducing the infrastructure required to adequately

provide 9-1-1 network services;

(3) promoting cost savings from resource sharing among

9-1-1 systems;

(4) facilitating interoperability and resiliency for

the receipt of 9-1-1 calls;

(5) reducing the number of 9-1-1 systems or reducing

the number of PSAPs within a 9-1-1 system;

(6) cost saving resulting from 9-1-1 system

consolidation; and

(7) expanding E9-1-1 service coverage as a result of

9-1-1 system consolidation including to areas without

E9-1-1 service.

Priority shall be given first to counties not providing

9-1-1 service as of January 1, 2016, and next to other entities

consolidating as required under Section 15.4a of this Act.

(b) The 9-1-1 System Consolidation Grant application, as

defined by Department rules, shall be submitted electronically

to the Administrator starting January 2, 2016, and every

January 2 thereafter. The application shall include a modified

9-1-1 system plan as required by this Act in support of the

consolidation plan. The Administrator shall have until June 30,

2016 and every June 30 thereafter to approve 9-1-1 System

Consolidation grants and modified 9-1-1 system plans. Payment

under the approved 9-1-1 System Consolidation grants shall be

contingent upon the final approval of a modified 9-1-1 system

plan.

(c) Existing and previously completed consolidation

projects shall be eligible to apply for reimbursement of costs

related to the consolidation incurred between 2010 and the

State fiscal year of the application.

(d) The 9-1-1 systems that receive grants under this

Section shall provide a report detailing grant fund usage to

the Administrator pursuant to Section 40 of this Act.

(50 ILCS 750/15.5)

Sec. 15.5. Private residential switch service 9-1-1

service.

(a) After June 30, 1995, an entity that provides or

operates private residential switch service and provides

telecommunications facilities or services to residents shall

provide to those residential end users the same level of 9-1-1

service as the public agency and the telecommunications carrier

are providing to other residential end users of the local 9-1-1

system. This service shall include, but not be limited to, the

capability to identify the telephone number, extension number,

and the physical location that is the source of the call to the

number designated as the emergency telephone number.

(b) The private residential switch operator is responsible

for forwarding end user automatic location identification

record information to the 9-1-1 system provider according to

the format, frequency, and procedures established by that

system provider.

(c) This Act does not apply to any PBX telephone extension

that uses radio transmissions to convey electrical signals

directly between the telephone extension and the serving PBX.

(d) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(e) Nothing in this Section shall be construed to preclude

the Attorney General on behalf of the Department Commission or

on his or her own initiative, or any other interested person,

from seeking judicial relief, by mandamus, injunction, or

otherwise, to compel compliance with this Section.

(Source: P.A. 88-604, eff. 9-1-94; 89-222, eff. 1-1-96; 89-497,

eff. 6-27-96.)

(50 ILCS 750/15.6)

Sec. 15.6. Enhanced 9-1-1 service; business service.

(a) After June 30, 2000, or within 18 months after enhanced

9-1-1 service becomes available, any entity that installs or

operates a private business switch service and provides

telecommunications facilities or services to businesses shall

assure that the system is connected to the public switched

network in a manner that calls to 9-1-1 result in automatic

number and location identification. For buildings having their

own street address and containing workspace of 40,000 square

feet or less, location identification shall include the

building's street address. For buildings having their own

street address and containing workspace of more than 40,000

square feet, location identification shall include the

building's street address and one distinct location

identification per 40,000 square feet of workspace. Separate

buildings containing workspace of 40,000 square feet or less

having a common public street address shall have a distinct

location identification for each building in addition to the

street address.

(b) Exemptions. Buildings containing workspace of more

than 40,000 square feet are exempt from the multiple location

identification requirements of subsection (a) if the building

maintains, at all times, alternative and adequate means of

signaling and responding to emergencies. Those means shall

include, but not be limited to, a telephone system that

provides the physical location of 9-1-1 calls coming from

within the building. Health care facilities are presumed to

meet the requirements of this paragraph if the facilities are

staffed with medical or nursing personnel 24 hours per day and

if an alternative means of providing information about the

source of an emergency call exists. Buildings under this

exemption must provide 9-1-1 service that provides the

building's street address.

Buildings containing workspace of more than 40,000 square

feet are exempt from subsection (a) if the building maintains,

at all times, alternative and adequate means of signaling and

responding to emergencies, including a telephone system that

provides the location of a 9-1-1 call coming from within the

building, and the building is serviced by its own medical, fire

and security personnel. Buildings under this exemption are

subject to emergency phone system certification by the

Administrator Illinois Commerce Commission.

Buildings in communities not serviced by enhanced 9-1-1

service are exempt from subsection (a).

Correctional institutions and facilities, as defined in

subsection (d) of Section 3-1-2 of the Unified Code of

Corrections, are exempt from subsection (a).

(c) This Act does not apply to any PBX telephone extension

that uses radio transmissions to convey electrical signals

directly between the telephone extension and the serving PBX.

(d) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(e) Nothing in this Section shall be construed to preclude

the Attorney General on behalf of the Department Commission or

on his or her own initiative, or any other interested person,

from seeking judicial relief, by mandamus, injunction, or

otherwise, to compel compliance with this Section.

(f) The Department may Commission shall promulgate rules

for the administration of this Section no later than January 1,

2000.

(Source: P.A. 91-518, eff. 8-13-99; 92-16, eff. 6-28-01;

92-188, eff. 8-1-01.)

(50 ILCS 750/15.6a new)

Sec. 15.6a. Wireless emergency 9-1-1 service.

(a) The digits "9-1-1" shall be the designated emergency

telephone number within the wireless system.

(b) The Department may set non-discriminatory and uniform

technical and operational standards consistent with the rules

of the Federal Communications Commission for directing calls to

authorized public safety answering points. These standards

shall not in any way prescribe the technology or manner a

wireless carrier shall use to deliver wireless 9-1-1 or

wireless E9-1-1 calls, and these standards shall not exceed the

requirements set by the Federal Communications Commission;

however, standards for directing calls to the authorized public

safety answering point shall be included. The authority given

to the Department in this Section is limited to setting

standards as set forth herein and does not constitute authority

to regulate wireless carriers.

(c) For the purpose of providing wireless 9-1-1 emergency

services, an emergency telephone system board or, in the

absence of an emergency telephone system board, a qualified

governmental entity, may declare its intention for one or more

of its public safety answering points to serve as a primary

wireless 9-1-1 public safety answering point for its

jurisdiction by notifying the Administrator in writing within 6

months after receiving its authority to operate a 9-1-1 system

under this Act. In addition, 2 or more emergency telephone

system boards or qualified governmental entities may, by virtue

of an intergovernmental agreement, provide wireless 9-1-1

service. The Department of State Police shall be the primary

wireless 9-1-1 public safety answering point for any

jurisdiction that did not provide notice to the Illinois

Commerce Commission and the Department prior to January 1,

2016.

(d) The Administrator, upon a request from a qualified

governmental entity or an emergency telephone system board and

with the advice and recommendation of the Statewide 9-1-1

Advisory Board, may grant authority to the emergency telephone

system board or a qualified governmental entity to provide

wireless 9-1-1 service in areas for which the Department has

accepted wireless 9-1-1 responsibility. The Administrator

shall maintain a current list of all 9-1-1 systems and

qualified governmental entities providing wireless 9-1-1

service under this Act.

(50 ILCS 750/15.6b new)

Sec. 15.6b. Next Generation 9-1-1 service.

(a) The Administrator, with the advice and recommendation

of the Statewide 9-1-1 Advisory Board, shall develop and

implement a plan for a statewide Next Generation 9-1-1 network.

The Next Generation 9-1-1 network must be an Internet

protocol-based platform that at a minimum provides:

(1) improved 9-1-1 call delivery;

(2) enhanced interoperability;

(3) increased ease of communication between 9-1-1

service providers, allowing immediate transfer of 9-1-1

calls, caller information, photos, and other data

statewide;

(4) a hosted solution with redundancy built in; and

(5) compliance with NENA Standards i3 Solution 08-003.

(b) By July 1, 2016, the Administrator, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, shall

design and issue a competitive request for a proposal to secure

the services of a consultant to complete a feasibility study on

the implementation of a statewide Next Generation 9-1-1 network

in Illinois. By July 1, 2017, the consultant shall complete the

feasibility study and make recommendations as to the

appropriate procurement approach for developing a statewide

Next Generation 9-1-1 network.

(c) Within 12 months of the final report from the

consultant under subsection (b) of this Section, the Department

shall procure and finalize a contract with a vendor certified

under Section 13-900 of the Public Utilities Act to establish a

statewide Next Generation 9-1-1 network. By July 1, 2020, the

vendor shall implement a Next Generation 9-1-1 network that

allows 9-1-1 systems providing 9-1-1 service to Illinois

residents to access the system utilizing their current

infrastructure if it meets the standards adopted by the

Department.

(50 ILCS 750/15.7)

Sec. 15.7. Compliance with certification of 9-1-1 system

providers by the Illinois Commerce Commission. In addition to

the requirements of this Act Section, all 9-1-1 system

providers must comply with the requirements of Section 13-900

of the Public Utilities Act.

(Source: P.A. 96-25, eff. 6-30-09.)

(50 ILCS 750/15.8)

Sec. 15.8. 9-1-1 dialing from a business.

(a) Any entity that installs or operates a private business

switch service and provides telecommunications facilities or

services to businesses shall ensure that all systems installed

on or after July 1, 2015 (the effective date of Public Act

98-875) the effective date of this amendatory Act of the 98th

General Assembly are connected to the public switched network

in a manner such that when a user dials "9-1-1", the emergency

call connects to the 9-1-1 system without first dialing any

number or set of numbers.

(b) The requirements of this Section do not apply to:

(1) any entity certified by the Illinois Commerce

Commission to operate a Private Emergency Answering Point

as defined in 83 Ill. Adm. Code 726.105; or

(2) correctional institutions and facilities as

defined in subsection (d) of Section 3-1-2 of the Unified

Code of Corrections.

(c) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(Source: P.A. 98-875, eff. 7-1-15.)

(50 ILCS 750/20 new)

Sec. 20. Statewide surcharge.

(a) On and after January 1, 2016, and except with respect

to those customers who are subject to surcharges as provided in

Sections 15.3 and 15.3a of this Act, a monthly surcharge shall

be imposed on all customers of telecommunications carriers and

wireless carriers as follows:

(1) Each telecommunications carrier shall impose a

monthly surcharge of $0.87 per network connection;

provided, however, the monthly surcharge shall not apply to

a network connection provided for use with pay telephone

services. Where multiple voice grade communications

channels are connected between the subscriber's premises

and a public switched network through private branch

exchange (PBX) or centrex type service there shall be

imposed 5 such surcharges per network connection for both

regular service and advanced service provisioned trunk

lines.

(2) Each wireless carrier shall impose and collect a

monthly surcharge of $0.87 per CMRS connection that either

has a telephone number within an area code assigned to

Illinois by the North American Numbering Plan

Administrator or has a billing address in this State.

(b) State and local taxes shall not apply to the surcharges

imposed under this Section.

(c) The surcharges imposed by this Section shall be stated

as a separately stated item on subscriber bills.

(d) The telecommunications carrier collecting the

surcharge shall also be entitled to deduct 3% of the gross

amount of surcharge collected to reimburse the

telecommunications carrier for the expense of accounting and

collecting the surcharge. On and after July 1, 2022, the

wireless carrier collecting a surcharge under this Section

shall be entitled to deduct up to 3% of the gross amount of the

surcharge collected to reimburse the wireless carrier for the

expense of accounting and collecting the surcharge.

(e) Surcharges imposed under this Section shall be

collected by the carriers and, within 30 days of collection,

remitted, either by check or electronic funds transfer, to the

Department for deposit into the Statewide 9-1-1 Fund. Carriers

are not required to remit surcharge moneys that are billed to

subscribers but not yet collected.

The first remittance by wireless carriers shall include the

number of subscribers by zip code, and the 9-digit zip code if

currently being used or later implemented by the carrier, that

shall be the means by which the Department shall determine

distributions from the Statewide 9-1-1 Fund. This information

shall be updated at least once each year. Any carrier that

fails to provide the zip code information required under this

subsection (e) shall be subject to the penalty set forth in

subsection (g) of this Section.

(f) If, within 5 business days it is due under subsection

(e) of this Section, a carrier does not remit the surcharge or

any portion thereof required under this Section, then the

surcharge or portion thereof shall be deemed delinquent until

paid in full, and the Department may impose a penalty against

the carrier in an amount equal to the greater of:

(1) $25 for each month or portion of a month from the

time an amount becomes delinquent until the amount is paid

in full; or

(2) an amount equal to the product of 1% and the sum of

all delinquent amounts for each month or portion of a month

that the delinquent amounts remain unpaid.

A penalty imposed in accordance with this subsection (f)

for a portion of a month during which the carrier pays the

delinquent amount in full shall be prorated for each day of

that month that the delinquent amount was paid in full. Any

penalty imposed under this subsection (f) is in addition to the

amount of the delinquency and is in addition to any other

penalty imposed under this Section.

(g) If, within 5 business days after it is due, a wireless

carrier does not provide the number of subscribers by zip code

as required under subsection (e) of this Section, then the

report is deemed delinquent and the Department may impose a

penalty against the carrier in an amount equal to the greater

of:

(1) $25 for each month or portion of a month that the

report is delinquent; or

(2) an amount equal to the product of $0.01 and the

number of subscribers served by the carrier.

A penalty imposed in accordance with this subsection (g)

for a portion of a month during which the carrier provides the

number of subscribers by zip code as required under subsection

(e) of this Section shall be prorated for each day of that

month during which the carrier had not provided the number of

subscribers by zip code as required under subsection (e) of

this Section. Any penalty imposed under this subsection (g) is

in addition to any other penalty imposed under this Section.

(h) A penalty imposed and collected in accordance with

subsection (f) or (g) of this Section shall be deposited into

the Statewide 9-1-1 Fund for distribution according to Section

30 of this Act.

(i) The Department may enforce the collection of any

delinquent amount and any penalty due and unpaid under this

Section by legal action or in any other manner by which the

collection of debts due the State of Illinois may be enforced

under the laws of this State. The Department may excuse the

payment of any penalty imposed under this Section if the

Administrator determines that the enforcement of this penalty

is unjust.

(j) Notwithstanding any provision of law to the contrary,

nothing shall impair the right of wireless carriers to recover

compliance costs for all emergency communications services

that are not reimbursed out of the Wireless Carrier

Reimbursement Fund directly from their wireless subscribers by

line-item charges on the wireless subscriber's bill. Those

compliance costs include all costs incurred by wireless

carriers in complying with local, State, and federal regulatory

or legislative mandates that require the transmission and

receipt of emergency communications to and from the general

public, including, but not limited to, E9-1-1.

(50 ILCS 750/30 new)

Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.

(a) A special fund in the State treasury known as the

Wireless Service Emergency Fund shall be renamed the Statewide

9-1-1 Fund. Any appropriations made from the Wireless Service

Emergency Fund shall be payable from the Statewide 9-1-1 Fund.

The Fund shall consist of the following:

(1) 9-1-1 wireless surcharges assessed under the

Wireless Emergency Telephone Safety Act.

(2) 9-1-1 surcharges assessed under Section 20 of this

Act.

(3) Prepaid wireless 9-1-1 surcharges assessed under

Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.

(4) Any appropriations, grants, or gifts made to the

Fund.

(5) Any income from interest, premiums, gains, or other

earnings on moneys in the Fund.

(6) Money from any other source that is deposited in or

transferred to the Fund.

(b) Subject to appropriation, the Department shall

distribute the 9-1-1 surcharges monthly as follows:

(1) From each surcharge collected and remitted under

Section 20 of this Act:

(A) $0.013 shall be distributed monthly in equal

amounts to each County Emergency Telephone System

Board or qualified governmental entity in counties

with a population under 100,000 according to the most

recent census data which is authorized to serve as a

primary wireless 9-1-1 public safety answering point

for the county and to provide wireless 9-1-1 service as

prescribed by subsection (b) of Section 15.6a of this

Act, and which does provide such service.

(B) $0.033 shall be transferred by the Comptroller

at the direction of the Department to the Wireless

Carrier Reimbursement Fund until June 30, 2017; from

July 1, 2017 through June 30, 2018, $0.026 shall be

transferred; from July 1, 2018 through June 30, 2019,

$0.020 shall be transferred; from July 1, 2019, through

June 30, 2020, $0.013 shall be transferred; from July

1, 2020 through June 30, 2021, $0.007 will be

transferred; and after June 30, 2021, no transfer shall

be made to the Wireless Carrier Reimbursement Fund.

(C) $0.007 shall be used to cover the Department's

administrative costs.

(2) After disbursements under paragraph (1) of this

subsection (b), all remaining funds in the Statewide 9-1-1

Fund shall be disbursed in the following priority order:

(A) The Fund will pay monthly to:

(i) the 9-1-1 Authorities that imposed

surcharges under Section 15.3 of this Act and were

required to report to the Illinois Commerce

Commission under Section 27 of the Wireless

Emergency Telephone Safety Act on October 1, 2014,

except a 9-1-1 Authority in a municipality with a

population in excess of 500,000, an amount equal to

the average monthly wireline and VoIP surcharge

revenue attributable to the most recent 12-month

period reported to the Department under that

Section for the October 1, 2014 filing, subject to

the power of the Department to investigate the

amount reported and adjust the number by order

under Article X of the Public Utilities Act, so

that the monthly amount paid under this item

accurately reflects one-twelfth of the aggregate

wireline and VoIP surcharge revenue properly

attributable to the most recent 12-month period

reported to the Commission; or

(ii) county qualified governmental entities

that did not impose a surcharge under Section 15.3

as of December 31, 2015, and counties that did not

impose a surcharge as of June 30, 2015, an amount

equivalent to their population multiplied by .37

multiplied by the rate of $0.69; counties that are

not county qualified governmental entities and

that did not impose a surcharge as of December 31,

2015, shall not begin to receive the payment

provided for in this subsection until E9-1-1 and

wireless E9-1-1 services are provided within their

counties; or

(iii) counties without 9-1-1 service that had

a surcharge in place by December 31, 2015, an

amount equivalent to their population multiplied

by .37 multiplied by their surcharge rate as

established by the referendum.

(B) All 9-1-1 network costs for systems outside of

municipalities with a population of at least 500,000

shall be paid by the Department directly to the

vendors.

(C) All expenses incurred by the Administrator and

the Statewide 9-1-1 Advisory Board and costs

associated with procurement under Section 15.6b

including requests for information and requests for

proposals.

(D) Funds may be held in reserve by the Statewide

9-1-1 Advisory Board and disbursed by the Department

for grants under Sections 15.4a, 15.4b, and for NG9-1-1

expenses up to $12.5 million per year in State fiscal

years 2016 and 2017; up to $13.5 million in State

fiscal year 2018; up to $14.4 million in State fiscal

year 2019; up to $15.3 million in State fiscal year

2020; up to $16.2 million in State fiscal year 2021; up

to $23.1 million in State fiscal year 2022; and up to

$17.0 million per year for State fiscal year 2023 and

each year thereafter.

(E) All remaining funds per remit month shall be

used to make monthly proportional grants to the

appropriate 9-1-1 Authority currently taking wireless

9-1-1 based upon the United States Postal Zip Code of

the billing addresses of subscribers of wireless

carriers.

(c) The moneys deposited into the Statewide 9-1-1 Fund

under this Section shall not be subject to administrative

charges or chargebacks unless otherwise authorized by this Act.

(d) Whenever two or more 9-1-1 Authorities consolidate, the

resulting Joint Emergency Telephone System Board shall be

entitled to the monthly payments that had theretofore been made

to each consolidating 9-1-1 Authority. Any reserves held by any

consolidating 9-1-1 Authority shall be transferred to the

resulting Joint Emergency Telephone System Board. Whenever a

county that has no 9-1-1 service as of January 1, 2016 enters

into an agreement to consolidate to create or join a Joint

Emergency Telephone System Board, the Joint Emergency

Telephone System Board shall be entitled to the monthly

payments that would have otherwise been paid to the county if

it had provided 9-1-1 service.

(50 ILCS 750/35 new)

Sec. 35. 9-1-1 surcharge; allowable expenditures. Except

as otherwise provided in this Act, expenditures from surcharge

revenues received under this Act may be made by municipalities,

counties, and 9-1-1 Authorities only to pay for the costs

associated with the following:

(1) The design of the Emergency Telephone System.

(2) The coding of an initial Master Street Address

Guide database, and update and maintenance thereof.

(3) The repayment of any moneys advanced for the

implementation of the system.

(4) The charges for Automatic Number Identification

and Automatic Location Identification equipment, a

computer aided dispatch system that records, maintains,

and integrates information, mobile data transmitters

equipped with automatic vehicle locators, and maintenance,

replacement, and update thereof to increase operational

efficiency and improve the provision of emergency

services.

(5) The non-recurring charges related to installation

of the Emergency Telephone System.

(6) The acquisition and installation, or the

reimbursement of costs therefor to other governmental

bodies that have incurred those costs, of road or street

signs that are essential to the implementation of the

Emergency Telephone System and that are not duplicative of

signs that are the responsibility of the jurisdiction

charged with maintaining road and street signs.

(7) Other products and services necessary for the

implementation, upgrade, and maintenance of the system and

any other purpose related to the operation of the system,

including costs attributable directly to the construction,

leasing, or maintenance of any buildings or facilities or

costs of personnel attributable directly to the operation

of the system. Costs attributable directly to the operation

of an emergency telephone system do not include the costs

of public safety agency personnel who are and equipment

that is dispatched in response to an emergency call.

(8) The defraying of expenses incurred to implement

Next Generation 9-1-1, subject to the conditions set forth

in this Act.

(9) The implementation of a computer aided dispatch

system or hosted supplemental 9-1-1 services.

(10) The design, implementation, operation,

maintenance, or upgrade of wireless 9-1-1 or E9-1-1

emergency services and public safety answering points.

Moneys in the Statewide 9-1-1 Fund may also be transferred

to a participating fire protection district to reimburse

volunteer firefighters who man remote telephone switching

facilities when dedicated 9-1-1 lines are down.

In the case of a municipality with a population over

500,000, moneys may also be used for any anti-terrorism or

emergency preparedness measures, including, but not limited

to, preparedness planning, providing local matching funds for

federal or State grants, personnel training, and specialized

equipment, including surveillance cameras, as needed to deal

with natural and terrorist-inspired emergency situations or

events.

(50 ILCS 750/40 new)

Sec. 40. Financial reports.

(a) The Department shall create uniform accounting

procedures, with such modification as may be required to give

effect to statutory provisions applicable only to

municipalities with a population in excess of 500,000, that any

emergency telephone system board, qualified governmental

entity, or unit of local government receiving surcharge money

pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.

(b) By October 1, 2016, and every October 1 thereafter,

each emergency telephone system board, qualified governmental

entity, or unit of local government receiving surcharge money

pursuant to Section 15.3, 15.3a, or 30 shall report to the

Department audited financial statements showing total revenue

and expenditures for the previous fiscal year in a form and

manner as prescribed by the Department. Such financial

information shall include:

(1) a detailed summary of revenue from all sources

including, but not limited to, local, State, federal, and

private revenues, and any other funds received;

(2) operating expenses, capital expenditures, and cash

balances; and

(3) such other financial information that is relevant

to the provision of 9-1-1 services as determined by the

Department.

The emergency telephone system board, qualified

governmental entity, or unit of local government is responsible

for any costs associated with auditing such financial

statements. The Department shall post the audited financial

statements on the Department's website.

(c) Along with its audited financial statement, each

emergency telephone system board, qualified governmental

entity, or unit of local government receiving a grant under

Section 15.4b of this Act shall include a report of the amount

of grant moneys received and how the grant moneys were used. In

case of a conflict between this requirement and the Grant

Accountability and Transparency Act, or with the rules of the

Governor's Office of Management and Budget adopted thereunder,

that Act and those rules shall control.

(d) If an emergency telephone system board or qualified

governmental entity that receives funds from the Statewide

9-1-1 Fund fails to file the 9-1-1 system financial reports as

required under this Section, the Department shall suspend and

withhold monthly disbursements otherwise due to the emergency

telephone system board or qualified governmental entity under

Section 30 of this Act until the report is filed.

Any monthly disbursements that have been withheld for 12

months or more shall be forfeited by the emergency telephone

system board or qualified governmental entity and shall be

distributed proportionally by the Department to compliant

emergency telephone system boards and qualified governmental

entities that receive funds from the Statewide 9-1-1 Fund.

Any emergency telephone system board or qualified

governmental entity not in compliance with this Section shall

be ineligible to receive any consolidation grant or

infrastructure grant issued under this Act.

(e) The Department may adopt emergency rules necessary to

implement the provisions of this Section.

(50 ILCS 750/45 new)

Sec. 45. Wireless Carrier Reimbursement Fund.

(a) A special fund in the State treasury known as the

Wireless Carrier Reimbursement Fund, which was created

previously under Section 30 of the Wireless Emergency Telephone

Safety Act, shall continue in existence without interruption

notwithstanding the repeal of that Act. Moneys in the Wireless

Carrier Reimbursement Fund may be used, subject to

appropriation, only (i) to reimburse wireless carriers for all

of their costs incurred in complying with the applicable

provisions of Federal Communications Commission wireless

enhanced 9-1-1 service mandates, and (ii) to pay the reasonable

and necessary costs of the Illinois Commerce Commission in

exercising its rights, duties, powers, and functions under this

Act. This reimbursement to wireless carriers may include, but

need not be limited to, the cost of designing, upgrading,

purchasing, leasing, programming, installing, testing, and

maintaining necessary data, hardware, and software and

associated operating and administrative costs and overhead.

(b) To recover costs from the Wireless Carrier

Reimbursement Fund, the wireless carrier shall submit sworn

invoices to the Illinois Commerce Commission. In no event may

any invoice for payment be approved for (i) costs that are not

related to compliance with the requirements established by the

wireless enhanced 9-1-1 mandates of the Federal Communications

Commission, or (ii) costs with respect to any wireless enhanced

9-1-1 service that is not operable at the time the invoice is

submitted.

(c) If in any month the total amount of invoices submitted

to the Illinois Commerce Commission and approved for payment

exceeds the amount available in the Wireless Carrier

Reimbursement Fund, wireless carriers that have invoices

approved for payment shall receive a pro-rata share of the

amount available in the Wireless Carrier Reimbursement Fund

based on the relative amount of their approved invoices

available that month, and the balance of the payments shall be

carried into the following months until all of the approved

payments are made.

(d) A wireless carrier may not receive payment from the

Wireless Carrier Reimbursement Fund for its costs of providing

wireless enhanced 9-1-1 services in an area when a unit of

local government or emergency telephone system board provides

wireless 9-1-1 services in that area and was imposing and

collecting a wireless carrier surcharge prior to July 1, 1998.

(e) The Illinois Commerce Commission shall maintain

detailed records of all receipts and disbursements and shall

provide an annual accounting of all receipts and disbursements

to the Auditor General.

(f) The Illinois Commerce Commission must annually review

the balance in the Wireless Carrier Reimbursement Fund as of

June 30 of each year and shall direct the Comptroller to

transfer into the Statewide 9-1-1 Fund for distribution in

accordance with subsection (b) of Section 30 of this Act any

amount in excess of outstanding invoices as of June 30 of each

year.

(g) The Illinois Commerce Commission shall adopt rules to

govern the reimbursement process.

(50 ILCS 750/50 new)

Sec. 50. Fund audits. The Auditor General shall conduct as

a part of its bi-annual audit, an audit of the Statewide 9-1-1

Fund and the Wireless Carrier Reimbursement Fund for compliance

with the requirements of this Act. The audit shall include, but

not be limited to, the following determinations:

(1) Whether detailed records of all receipts and

disbursements from the Statewide 9-1-1 Fund and the

Wireless Carrier Reimbursement Fund are being maintained.

(2) Whether administrative costs charged to the funds

are adequately documented and are reasonable.

(3) Whether the procedures for making disbursements

and grants and providing reimbursements in accordance with

the Act are adequate.

(4) The status of the implementation of statewide 9-1-1

service and Next Generation 9-1-1 service in Illinois.

The Illinois Commerce Commission, the Department of State

Police, and any other entity or person that may have

information relevant to the audit shall cooperate fully and

promptly with the Office of the Auditor General in conducting

the audit. The Auditor General shall commence the audit as soon

as possible and distribute the report upon completion in

accordance with Section 3-14 of the Illinois State Auditing

Act.

(50 ILCS 750/55 new)

Sec. 55. Public disclosure. Because of the highly

competitive nature of the wireless telephone industry, public

disclosure of information about surcharge moneys paid by

wireless carriers could have the effect of stifling competition

to the detriment of the public and the delivery of wireless

9-1-1 services. Therefore, the Illinois Commerce Commission,

the Department of State Police, governmental agencies, and

individuals with access to that information shall take

appropriate steps to prevent public disclosure of this

information. Information and data supporting the amount and

distribution of surcharge moneys collected and remitted by an

individual wireless carrier shall be deemed exempt information

for purposes of the Freedom of Information Act and shall not be

publicly disclosed. The gross amount paid by all carriers shall

not be deemed exempt and may be publicly disclosed.

(50 ILCS 750/60 new)

Sec. 60. Interconnected VoIP providers. Interconnected

VoIP providers in Illinois shall be subject in a competitively

neutral manner to the same provisions of this Act as are

provided for telecommunications carriers. Interconnected VoIP

services shall not be considered an intrastate

telecommunications service for the purposes of this Act in a

manner inconsistent with federal law or Federal Communications

Commission regulation.

(50 ILCS 750/2.01 rep.)

(50 ILCS 750/2.02 rep.)

(50 ILCS 750/2.03 rep.)

(50 ILCS 750/2.04 rep.)

(50 ILCS 750/2.05 rep.)

(50 ILCS 750/2.06 rep.)

(50 ILCS 750/2.06a rep.)

(50 ILCS 750/2.07 rep.)

(50 ILCS 750/2.08 rep.)

(50 ILCS 750/2.09 rep.)

(50 ILCS 750/2.10 rep.)

(50 ILCS 750/2.11 rep.)

(50 ILCS 750/2.12 rep.)

(50 ILCS 750/2.13 rep.)

(50 ILCS 750/2.14 rep.)

(50 ILCS 750/2.15 rep.)

(50 ILCS 750/2.16 rep.)

(50 ILCS 750/2.17 rep.)

(50 ILCS 750/2.18 rep.)

(50 ILCS 750/2.19 rep.)

(50 ILCS 750/2.20 rep.)

(50 ILCS 750/2.21 rep.)

(50 ILCS 750/2.22 rep.)

(50 ILCS 750/2.23 rep.)

(50 ILCS 750/2.24 rep.)

(50 ILCS 750/2.25 rep.)

(50 ILCS 750/2.26 rep.)

(50 ILCS 750/2.27 rep.)

(50 ILCS 750/2.28 rep.)

(50 ILCS 750/9 rep.)

Section 2-15. The Emergency Telephone System Act is amended

by repealing Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06,

2.06a, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15,

2.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25,

2.26, 2.27, 2.28, and 9.

Section 2-25. The Prepaid Wireless 9-1-1 Surcharge Act is

amended by changing Section 20 as follows:

(50 ILCS 753/20)

Sec. 20. Administration of prepaid wireless 9-1-1

surcharge.

(a) In the administration and enforcement of this Act, the

provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,

5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the

Retailers' Occupation Tax Act that are not inconsistent with

this Act, and Section 3-7 of the Uniform Penalty and Interest

Act shall apply, as far as practicable, to the subject matter

of this Act to the same extent as if those provisions were

included in this Act. References to "taxes" in these

incorporated Sections shall be construed to apply to the

administration, payment, and remittance of all surcharges

under this Act. The Department shall establish registration and

payment procedures that substantially coincide with the

registration and payment procedures that apply to the

Retailers' Occupation Tax Act.

(b) A For the first 12 months after the effective date of

this Act, a seller shall be permitted to deduct and retain 5%

of prepaid wireless 9-1-1 surcharges that are collected by the

seller from consumers and that are remitted and timely filed

with the Department. After the first 12 months, a seller shall

be permitted to deduct and retain 3% of prepaid wireless 9-1-1

surcharges that are collected by the seller from consumers and

that are remitted and timely filed with the Department.

(c) Other than the amounts for deposit into the Municipal

Wireless Service Emergency Fund, the Department shall pay to

the State Treasurer all prepaid wireless E911 charges, and

penalties, and interest collected under this Act for deposit

into the Statewide 9-1-1 Fund Wireless Service Emergency Fund.

On or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

amount available to the Department of State Police Illinois

Commerce Commission for distribution out of the Statewide 9-1-1

Fund Wireless Service Emergency Fund. The amount certified

shall be the amount (not including credit memoranda) collected

during the second preceding calendar month by the Department

plus an amount the Department determines is necessary to offset

any amounts which were erroneously paid to a different taxing

body. The amount paid to the Statewide 9-1-1 Fund Wireless

Service Emergency Fund shall not include any amount equal to

the amount of refunds made during the second preceding calendar

month by the Department of Revenue to retailers under this Act

or any amount that the Department determines is necessary to

offset any amounts which were payable to a different taxing

body but were erroneously paid to the Statewide 9-1-1 Fund

Wireless Service Emergency Fund. The Department of State Police

Illinois Commerce Commission shall distribute the funds in the

same proportion as they are distributed under the Wireless

Emergency Telephone Safety Act and the funds may only be used

in accordance with Section 30 the provisions of the Wireless

Emergency Telephone Safety Act. The Department may deduct an

amount, not to exceed 3% during the first year following the

effective date of this Act and not to exceed 2% during every

year thereafter of remitted charges, to be transferred into the

Tax Compliance and Administration Fund to reimburse the

Department for its direct costs of administering the collection

and remittance of prepaid wireless 9-1-1 surcharges.

(d) The Department shall administer the collection of all

9-1-1 surcharges and may adopt and enforce reasonable rules

relating to the administration and enforcement of the

provisions of this Act as may be deemed expedient. The

Department shall require all surcharges collected under this

Act to be reported on existing forms or combined forms,

including, but not limited to, Form ST-1. Any overpayments

received by the Department for liabilities reported on existing

or combined returns shall be applied as an overpayment of

retailers' occupation tax, use tax, service occupation tax, or

service use tax liability.

(e) If a home rule municipality having a population in

excess of 500,000 as of the effective date of this amendatory

Act of the 97th General Assembly imposes an E911 surcharge

under subsection (a-5) of Section 15 of this Act, then the

Department shall pay to the State Treasurer all prepaid

wireless E911 charges, penalties, and interest collected for

deposit into the Municipal Wireless Service Emergency Fund. All

deposits into the Municipal Wireless Service Emergency Fund

shall be held by the State Treasurer as ex officio custodian

apart from all public moneys or funds of this State. Any

interest attributable to moneys in the Fund must be deposited

into the Fund. Moneys in the Municipal Wireless Service

Emergency Fund are not subject to appropriation. On or before

the 25th day of each calendar month, the Department shall

prepare and certify to the Comptroller the amount available for

disbursement to the home rule municipality out of the Municipal

Wireless Service Emergency Fund. The amount to be paid to the

Municipal Wireless Service Emergency Fund shall be the amount

(not including credit memoranda) collected during the second

preceding calendar month by the Department plus an amount the

Department determines is necessary to offset any amounts which

were erroneously paid to a different taxing body. The amount

paid to the Municipal Wireless Service Emergency Fund shall not

include any amount equal to the amount of refunds made during

the second preceding calendar month by the Department to

retailers under this Act or any amount that the Department

determines is necessary to offset any amounts which were

payable to a different taxing body but were erroneously paid to

the Municipal Wireless Service Emergency Fund. Within 10 days

after receipt by the Comptroller of the certification provided

for in this subsection, the Comptroller shall cause the orders

to be drawn for the respective amounts in accordance with the

directions in the certification. The Department may deduct an

amount, not to exceed 3% during the first year following the

effective date of this amendatory Act of the 97th General

Assembly and not to exceed 2% during every year thereafter of

remitted charges, to be transferred into the Tax Compliance and

Administration Fund to reimburse the Department for its direct

costs of administering the collection and remittance of prepaid

wireless 9-1-1 surcharges.

(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)

ARTICLE III