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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 3. The Freedom of Information Act is amended by
5		changing Section 7.5 as follows:
6		(5 ILCS 140/7.5)
7		Sec. 7.5. Statutory exemptions. To the extent provided for
8		by the statutes referenced below, the following shall be exempt
9		from inspection and copying:
10		(a) All information determined to be confidential
11		under Section 4002 of the Technology Advancement and
12		Development Act.
13		(b) Library circulation and order records identifying
14		library users with specific materials under the Library
15		Records Confidentiality Act.
16		(c) Applications, related documents, and medical
17		records received by the Experimental Organ Transplantation
18		Procedures Board and any and all documents or other records
19		prepared by the Experimental Organ Transplantation
20		Procedures Board or its staff relating to applications it
21		has received.
22		(d) Information and records held by the Department of
23		Public Health and its authorized representatives relating

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1		to known or suspected cases of sexually transmissible
2		disease or any information the disclosure of which is
3		restricted under the Illinois Sexually Transmissible
4		Disease Control Act.
5		(e) Information the disclosure of which is exempted
6		under Section 30 of the Radon Industry Licensing Act.
7		(f) Firm performance evaluations under Section 55 of
8		the Architectural, Engineering, and Land Surveying
9		Qualifications Based Selection Act.
10		(g) Information the disclosure of which is restricted
11		and exempted under Section 50 of the Illinois Prepaid
12		Tuition Act.
13		(h) Information the disclosure of which is exempted
14		under the State Officials and Employees Ethics Act, and
15		records of any lawfully created State or local inspector
16		general's office that would be exempt if created or
17		obtained by an Executive Inspector General's office under
18		that Act.
19		(i) Information contained in a local emergency energy
20		plan submitted to a municipality in accordance with a local
21		emergency energy plan ordinance that is adopted under
22		Section 11-21.5-5 of the Illinois Municipal Code.
23		(j) Information and data concerning the distribution
24		of surcharge moneys collected and remitted by wireless
25		carriers under the Wireless Emergency Telephone System
26		Safety Act.

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1		(k) Law enforcement officer identification information
2		or driver identification information compiled by a law
3		enforcement agency or the Department of Transportation
4		under Section 11-212 of the Illinois Vehicle Code.
5		(l) Records and information provided to a residential
6		health care facility resident sexual assault and death
7		review team or the Executive Council under the Abuse
8		Prevention Review Team Act.
9		(m) Information provided to the predatory lending
10		database created pursuant to Article 3 of the Residential
11		Real Property Disclosure Act, except to the extent
12		authorized under that Article.
13		(n) Defense budgets and petitions for certification of
14		compensation and expenses for court appointed trial
15		counsel as provided under Sections 10 and 15 of the Capital
16		Crimes Litigation Act. This subsection (n) shall apply
17		until the conclusion of the trial of the case, even if the
18		prosecution chooses not to pursue the death penalty prior
19		to trial or sentencing.
20		(o) Information that is prohibited from being
21		disclosed under Section 4 of the Illinois Health and
22		Hazardous Substances Registry Act.
23		(p) Security portions of system safety program plans,
24		investigation reports, surveys, schedules, lists, data, or
25		information compiled, collected, or prepared by or for the
26		Regional Transportation Authority under Section 2.11 of

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1		the Regional Transportation Authority Act or the St. Clair
2		County Transit District under the Bi-State Transit Safety
3		Act.
4		(q) Information prohibited from being disclosed by the
5		Personnel Records Review Act.
6		(r) Information prohibited from being disclosed by the
7		Illinois School Student Records Act.
8		(s) Information the disclosure of which is restricted
9		under Section 5-108 of the Public Utilities Act.
10		(t) All identified or deidentified health information
11		in the form of health data or medical records contained in,
12		stored in, submitted to, transferred by, or released from
13		the Illinois Health Information Exchange, and identified
14		or deidentified health information in the form of health
15		data and medical records of the Illinois Health Information
16		Exchange in the possession of the Illinois Health
17		Information Exchange Authority due to its administration
18		of the Illinois Health Information Exchange. The terms
19		"identified" and "deidentified" shall be given the same
20		meaning as in the Health Insurance Portability and
21		Accountability Act of 1996, Public Law 104-191, or any
22		subsequent amendments thereto, and any regulations
23		promulgated thereunder.
24		(u) Records and information provided to an independent
25		team of experts under Brian's Law.
26		(v) Names and information of people who have applied

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1		for or received Firearm Owner's Identification Cards under
2		the Firearm Owners Identification Card Act or applied for
3		or received a concealed carry license under the Firearm
4		Concealed Carry Act, unless otherwise authorized by the
5		Firearm Concealed Carry Act; and databases under the
6		Firearm Concealed Carry Act, records of the Concealed Carry
7		Licensing Review Board under the Firearm Concealed Carry
8		Act, and law enforcement agency objections under the
9		Firearm Concealed Carry Act.
10		(w) Personally identifiable information which is
11		exempted from disclosure under subsection (g) of Section
12		19.1 of the Toll Highway Act.
13		(x) Information which is exempted from disclosure
14		under Section 5-1014.3 of the Counties Code or Section
15		8-11-21 of the Illinois Municipal Code.
16		(y) Confidential information under the Adult
17		Protective Services Act and its predecessor enabling
18		statute, the Elder Abuse and Neglect Act, including
19		information about the identity and administrative finding
20		against any caregiver of a verified and substantiated
21		decision of abuse, neglect, or financial exploitation of an
22		eligible adult maintained in the Registry established
23		under Section 7.5 of the Adult Protective Services Act.
24		(z) Records and information provided to a fatality
25		review team or the Illinois Fatality Review Team Advisory
26		Council under Section 15 of the Adult Protective Services

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1		Act.
2		(aa) Information which is exempted from disclosure
3		under Section 2.37 of the Wildlife Code.
4		(bb) Information which is or was prohibited from
5		disclosure by the Juvenile Court Act of 1987.
6		(cc) Recordings made under the Law Enforcement
7		Officer-Worn Body Camera Act, except to the extent
8		authorized under that Act.
9		(dd) Information that is prohibited from being
10		disclosed under Section 45 of the Condominium and Common
11		Interest Community Ombudsperson Act.
12		(ee) (dd) Information that is exempted from disclosure
13		under Section 30.1 of the Pharmacy Practice Act.
14		(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
15		eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
16		99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
17		99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
18		8-19-16; revised 9-1-16.)
19		Section 5. The Department of State Police Law of the Civil
20		Administrative Code of Illinois is amended by changing Sections
21		2605-52 and 2605-475 as follows:
22		(20 ILCS 2605/2605-52)
23		Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
24		(a) There shall be established an Office of the Statewide

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1		9-1-1 Administrator within the Department. Beginning January
2		1, 2016, the Office of the Statewide 9-1-1 Administrator shall
3		be responsible for developing, implementing, and overseeing a
4		uniform statewide 9-1-1 system for all areas of the State
5		outside of municipalities having a population over 500,000.
6		(b) The Governor shall appoint, with the advice and consent
7		of the Senate, a Statewide 9-1-1 Administrator. The
8		Administrator shall serve for a term of 2 years, and until a
9		successor is appointed and qualified; except that the term of
10		the first 9-1-1 Administrator appointed under this Act shall
11		expire on the third Monday in January, 2017. The Administrator
12		shall not hold any other remunerative public office. The
13		Administrator shall receive an annual salary as set by the
14		Governor.
15		(c) The Department, from appropriations made to it for that
16		purpose, shall make grants to 9-1-1 Authorities for the purpose
17		of defraying costs associated with 9-1-1 system consolidations
18		awarded by the Administrator under Section 15.4b of the
19		Emergency Telephone System Act.
20		(Source: P.A. 99-6, eff. 6-29-15.)
21		(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
22		Sec. 2605-475. Wireless Emergency Telephone System Safety
23		Act. The Department and Statewide 9-1-1 Administrator shall To
24		exercise the powers and perform the duties specifically
25		assigned to each the Department under the Wireless Emergency

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1		Telephone System Safety Act with respect to the development and
2		improvement of emergency communications procedures and
3		facilities in such a manner as to facilitate a quick response
4		to any person calling the number "9-1-1" seeking police, fire,
5		medical, or other emergency services through a wireless carrier
6		as defined in Section 10 of the Wireless Emergency Telephone
7		Safety Act. Nothing in the Wireless Emergency Telephone System
8		Safety Act shall require the Department of Illinois State
9		Police to provide wireless enhanced 9-1-1 services.
10		(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
11		Section 10. The State Finance Act is amended by changing
12		Section 8.37 as follows:
13		(30 ILCS 105/8.37)
14		Sec. 8.37. State Police Wireless Service Emergency Fund.
15		(a) The State Police Wireless Service Emergency Fund is
16		created as a special fund in the State Treasury.
17		(b) Grants or surcharge funds allocated to the Department
18		of State Police from the Statewide 9-1-1 Wireless Service
19		Emergency Fund shall be deposited into the State Police
20		Wireless Service Emergency Fund and shall be used in accordance
21		with Section 30 20 of the Wireless Emergency Telephone System
22		Safety Act.
23		(c) On July 1, 1999, the State Comptroller and State
24		Treasurer shall transfer $1,300,000 from the General Revenue

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1		Fund to the State Police Wireless Service Emergency Fund. On
2		June 30, 2003 the State Comptroller and State Treasurer shall
3		transfer $1,300,000 from the State Police Wireless Service
4		Emergency Fund to the General Revenue Fund.
5		(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
6		Section 15. The Emergency Telephone System Act is amended
7		by changing Sections 2, 8, 10, 10.3, 12, 14, 15.2a, 15.3,
8		15.3a, 15.4, 15.4a, 15.4b, 15.6a, 19, 20, 30, 35, 40, 55, and
9		99 and by adding Section 17.5 as follows:
10		(50 ILCS 750/2) (from Ch. 134, par. 32)
11		(Section scheduled to be repealed on July 1, 2017)
12		Sec. 2. Definitions. As used in this Act, unless the
13		context otherwise requires:
14		"9-1-1 network" means the network used for the delivery of
15		9-1-1 calls and messages over dedicated and redundant
16		facilities to a primary or backup 9-1-1 PSAP that meets P.01
17		grade of service standards for basic 9-1-1 and enhanced 9-1-1
18		services or meets national I3 industry call delivery standards
19		for Next Generation 9-1-1 services.
20		"9-1-1 system" means the geographic area that has been
21		granted an order of authority by the Commission or the
22		Statewide 9-1-1 Administrator to use "9-1-1" as the primary
23		emergency telephone number.
24		"9-1-1 Authority" includes an Emergency Telephone System

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1		Board, Joint Emergency Telephone System Board, and a qualified
2		governmental entity. "9-1-1 Authority" includes the Department
3		of State Police only to the extent it provides 9-1-1 services
4		under this Act.
5		"Administrator" means the Statewide 9-1-1 Administrator.
6		"Advanced service" means any telecommunications service
7		with or without dynamic bandwidth allocation, including, but
8		not limited to, ISDN Primary Rate Interface (PRI), that,
9		through the use of a DS-1, T-1, or other similar un-channelized
10		or multi-channel transmission facility, is capable of
11		transporting either the subscriber's inter-premises voice
12		telecommunications services to the public switched network or
13		the subscriber's 9-1-1 calls to the public agency.
14		"ALI" or "automatic location identification" means, in an
15		E9-1-1 system, the automatic display at the public safety
16		answering point of the caller's telephone number, the address
17		or location of the telephone, and supplementary emergency
18		services information.
19		"ANI" or "automatic number identification" means the
20		automatic display of the 9-1-1 calling party's number on the
21		PSAP monitor.
22		"Automatic alarm" and "automatic alerting device" mean any
23		device that will access the 9-1-1 system for emergency services
24		upon activation.
25		"Backup PSAP" means a public safety answering point that
26		serves as an alternate to the PSAP for enhanced systems and is

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1		at a different location and operates independently from the
2		PSAP. A backup PSAP may accept overflow calls from the PSAP or
3		be activated if the primary PSAP is disabled.
4		"Board" means an Emergency Telephone System Board or a
5		Joint Emergency Telephone System Board created pursuant to
6		Section 15.4.
7		"Carrier" includes a telecommunications carrier and a
8		wireless carrier.
9		"Commission" means the Illinois Commerce Commission.
10		"Computer aided dispatch" or "CAD" means a computer-based
11		system that aids PSAP telecommunicators by automating selected
12		dispatching and recordkeeping activities database maintained
13		by the public safety agency or public safety answering point
14		used in conjunction with 9-1-1 caller data.
15		"Direct dispatch method" means a 9-1-1 service that
16		provides for the direct dispatch by a PSAP telecommunicator of
17		the appropriate unit upon receipt of an emergency call and the
18		decision as to the proper action to be taken.
19		"Department" means the Department of State Police.
20		"DS-1, T-1, or similar un-channelized or multi-channel
21		transmission facility" means a facility that can transmit and
22		receive a bit rate of at least 1.544 megabits per second
23		(Mbps).
24		"Dynamic bandwidth allocation" means the ability of the
25		facility or customer to drop and add channels, or adjust
26		bandwidth, when needed in real time for voice or data purposes.

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1		"Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone
2		system that includes dedicated network switching, database and
3		PSAP premise elements capable of providing automatic location
4		identification data, selective routing, database, ALI, ANI,
5		selective transfer, fixed transfer, and a call back number,
6		including any enhanced 9-1-1 service so designated by the
7		Federal Communications Commission in its report and order in WC
8		Dockets Nos. 04-36 and 05-196, or any successor proceeding.
9		"ETSB" means an emergency telephone system board appointed
10		by the corporate authorities of any county or municipality that
11		provides for the management and operation of a 9-1-1 system.
12		"Hearing-impaired individual" means a person with a
13		permanent hearing loss who can regularly and routinely
14		communicate by telephone only through the aid of devices which
15		can send and receive written messages over the telephone
16		network.
17		"Hosted supplemental 9-1-1 service" means a database
18		service that:
19		(1) electronically provides information to 9-1-1 call
20		takers when a call is placed to 9-1-1;
21		(2) allows telephone subscribers to provide
22		information to 9-1-1 to be used in emergency scenarios;
23		(3) collects a variety of formatted data relevant to
24		9-1-1 and first responder needs, which may include, but is
25		not limited to, photographs of the telephone subscribers,
26		physical descriptions, medical information, household

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1		data, and emergency contacts;
2		(4) allows for information to be entered by telephone
3		subscribers through a secure website where they can elect
4		to provide as little or as much information as they choose;
5		(5) automatically displays data provided by telephone
6		subscribers to 9-1-1 call takers for all types of
7		telephones when a call is placed to 9-1-1 from a registered
8		and confirmed phone number;
9		(6) supports the delivery of telephone subscriber
10		information through a secure internet connection to all
11		emergency telephone system boards;
12		(7) works across all 9-1-1 call taking equipment and
13		allows for the easy transfer of information into a computer
14		aided dispatch system; and
15		(8) may be used to collect information pursuant to an
16		Illinois Premise Alert Program as defined in the Illinois
17		Premise Alert Program (PAP) Act.
18		"Interconnected voice over Internet protocol provider" or
19		"Interconnected VoIP provider" has the meaning given to that
20		term under Section 13-235 of the Public Utilities Act.
21		"Joint ETSB" means a Joint Emergency Telephone System Board
22		established by intergovernmental agreement of two or more
23		municipalities or counties, or a combination thereof, to
24		provide for the management and operation of a 9-1-1 system.
25		"Local public agency" means any unit of local government or
26		special purpose district located in whole or in part within

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1		this State that provides or has authority to provide
2		firefighting, police, ambulance, medical, or other emergency
3		services.
4		"Mechanical dialer" means any device that either manually
5		or remotely triggers a dialing device to access the 9-1-1
6		system.
7		"Master Street Address Guide" or "MSAG" is a database of
8		street names and house ranges within their associated
9		communities defining emergency service zones (ESZs) and their
10		associated emergency service numbers (ESNs) to enable proper
11		routing of 9-1-1 calls means the computerized geographical
12		database that consists of all street and address data within a
13		9-1-1 system.
14		"Mobile telephone number" or "MTN" means the telephone
15		number assigned to a wireless telephone at the time of initial
16		activation.
17		"Network connections" means the number of voice grade
18		communications channels directly between a subscriber and a
19		telecommunications carrier's public switched network, without
20		the intervention of any other telecommunications carrier's
21		switched network, which would be required to carry the
22		subscriber's inter-premises traffic and which connection
23		either (1) is capable of providing access through the public
24		switched network to a 9-1-1 Emergency Telephone System, if one
25		exists, or (2) if no system exists at the time a surcharge is
26		imposed under Section 15.3, that would be capable of providing

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1		access through the public switched network to the local 9-1-1
2		Emergency Telephone System if one existed. Where multiple voice
3		grade communications channels are connected to a
4		telecommunications carrier's public switched network through a
5		private branch exchange (PBX) service, there shall be
6		determined to be one network connection for each trunk line
7		capable of transporting either the subscriber's inter-premises
8		traffic to the public switched network or the subscriber's
9		9-1-1 calls to the public agency. Where multiple voice grade
10		communications channels are connected to a telecommunications
11		carrier's public switched network through centrex type
12		service, the number of network connections shall be equal to
13		the number of PBX trunk equivalents for the subscriber's
14		service or other multiple voice grade communication channels
15		facility, as determined by reference to any generally
16		applicable exchange access service tariff filed by the
17		subscriber's telecommunications carrier with the Commission.
18		"Network costs" means those recurring costs that directly
19		relate to the operation of the 9-1-1 network as determined by
20		the Statewide 9-1-1 Administrator with the advice of the
21		Statewide 9-1-1 Advisory Board, which may include including,
22		but need not be limited to, some or all of the following: costs
23		for interoffice trunks, selective routing charges, transfer
24		lines and toll charges for 9-1-1 services, Automatic Location
25		Information (ALI) database charges, call box trunk circuit
26		(including central office only and not including extensions to

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

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

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1		businesses, corporations, and industries where the
2		telecommunications service is primarily for conducting
3		business.
4		"Private residential switch service" means network and
5		premise based systems a telecommunications service including a
6		VoIP, Centrex centrex type service, or and PBX service or , even
7		though key telephone systems or equivalent telephone systems
8		registered with the Federal Communications Commission under 47
9		C.F.R. Part 68 that are directly connected to a VoIP, Centrex
10		centrex type service, or and PBX systems providing 9-1-1
11		services equipped for switched local network connections or
12		9-1-1 system access to residential end users through a private
13		telephone switch. "Private residential switch service" does
14		not include key telephone systems or equivalent telephone
15		systems registered with the Federal Communications Commission
16		under 47 C.F.R. Part 68 when not used in conjunction with a
17		VoIP, Centrex centrex type, or and PBX systems. "Private
18		residential switch service" typically includes, but is not
19		limited to, apartment complexes, condominiums, and campus or
20		university environments where shared tenant service is
21		provided and where the usage of the telecommunications service
22		is primarily residential.
23		"Public agency" means the State, and any unit of local
24		government or special purpose district located in whole or in
25		part within this State, that provides or has authority to
26		provide firefighting, police, ambulance, medical, or other

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1		emergency services.
2		"Public safety agency" means a functional division of a
3		public agency that provides firefighting, police, medical, or
4		other emergency services to respond to and manage emergency
5		incidents. For the purpose of providing wireless service to
6		users of 9-1-1 emergency services, as expressly provided for in
7		this Act, the Department of State Police may be considered a
8		public safety agency.
9		"Public safety answering point" or "PSAP" is a set of
10		call-takers authorized by a governing body and operating under
11		common management that receive 9-1-1 calls and asynchronous
12		event notifications for a defined geographic area and processes
13		those calls and events according to a specified operational
14		policy means the initial answering location of an emergency
15		call.
16		"Qualified governmental entity" means a unit of local
17		government authorized to provide 9-1-1 services pursuant to
18		this Act where no emergency telephone system board exists.
19		"Referral method" means a 9-1-1 service in which the PSAP
20		telecommunicator provides the calling party with the telephone
21		number of the appropriate public safety agency or other
22		provider of emergency services.
23		"Regular service" means any telecommunications service,
24		other than advanced service, that is capable of transporting
25		either the subscriber's inter-premises voice
26		telecommunications services to the public switched network or

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1		the subscriber's 9-1-1 calls to the public agency.
2		"Relay method" means a 9-1-1 service in which the PSAP
3		telecommunicator takes the pertinent information from a caller
4		and relays that information to the appropriate public safety
5		agency or other provider of emergency services.
6		"Remit period" means the billing period, one month in
7		duration, for which a wireless carrier remits a surcharge and
8		provides subscriber information by zip code to the Department,
9		in accordance with Section 20 of this Act.
10		"Secondary Answering Point" or "SAP" means a location,
11		other than a PSAP, that is able to receive the voice, data, and
12		call back number of E9-1-1 or NG9-1-1 emergency calls
13		transferred from a PSAP and completes the call taking process
14		by dispatching police, medical, fire, or other emergency
15		responders.
16		"Statewide wireless emergency 9-1-1 system" means all
17		areas of the State where an emergency telephone system board
18		or, in the absence of an emergency telephone system board, a
19		qualified governmental entity, has not declared its intention
20		for one or more of its public safety answering points to serve
21		as a primary wireless 9-1-1 public safety answering point for
22		its jurisdiction. The operator of the statewide wireless
23		emergency 9-1-1 system shall be the Department of State Police.
24		"System" means the communications equipment and related
25		software applications required to produce a response by the
26		appropriate emergency public safety agency or other provider of

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

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1		the subscriber's 9-1-1 calls to the public agency shall be
2		considered a trunk line, even if it is bundled with other
3		channels or additional bandwidth. In the case of advanced
4		service, each DS-1, T-1, or other similar un-channelized or
5		multi-channel transmission facility that is capable of
6		transporting either the subscriber's inter-premises voice
7		telecommunications services to the public switched network or
8		the subscriber's 9-1-1 calls to the public agency shall be
9		considered a single trunk line, even if it contains multiple
10		voice grade communications channels or otherwise supports 2 or
11		more voice grade calls at a time; provided, however, that each
12		additional increment of up to 24 voice grade channels 1.544
13		Mbps of transmission capacity that is capable of transporting
14		either the subscriber's inter-premises voice
15		telecommunications services to the public switched network or
16		the subscriber's 9-1-1 calls to the public agency shall be
17		considered an additional trunk line.
18		"Unmanned backup PSAP" means a public safety answering
19		point that serves as an alternate to the PSAP at an alternate
20		location and is typically unmanned but can be activated if the
21		primary PSAP is disabled.
22		"Virtual answering point" or "VAP" means a temporary or
23		nonpermanent location that is capable of receiving an emergency
24		call, contains a fully functional worksite that is not bound to
25		a specific location, but rather is portable and scalable,
26		connecting emergency call takers or dispatchers to the work

SB1839 Enrolled - 23 - LRB100 06226 SMS 16261 b
1		process, and is capable of completing the call dispatching
2		process.
3		"Voice-impaired individual" means a person with a
4		permanent speech disability which precludes oral
5		communication, who can regularly and routinely communicate by
6		telephone only through the aid of devices which can send and
7		receive written messages over the telephone network.
8		"Wireless carrier" means a provider of two-way cellular,
9		broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
10		Mobile Radio Service (CMRS), Wireless Communications Service
11		(WCS), or other Commercial Mobile Radio Service (CMRS), as
12		defined by the Federal Communications Commission, offering
13		radio communications that may provide fixed, mobile, radio
14		location, or satellite communication services to individuals
15		or businesses within its assigned spectrum block and
16		geographical area or that offers real-time, two-way voice
17		service that is interconnected with the public switched
18		network, including a reseller of such service.
19		"Wireless enhanced 9-1-1" means the ability to relay the
20		telephone number of the originator of a 9-1-1 call and location
21		information from any mobile handset or text telephone device
22		accessing the wireless system to the designated wireless public
23		safety answering point as set forth in the order of the Federal
24		Communications Commission, FCC Docket No. 94-102, adopted June
25		12, 1996, with an effective date of October 1, 1996, and any
26		subsequent amendment thereto.

SB1839 Enrolled - 24 - LRB100 06226 SMS 16261 b
1		"Wireless public safety answering point" means the
2		functional division of a 9-1-1 authority accepting wireless
3		9-1-1 calls.
4		"Wireless subscriber" means an individual or entity to whom
5		a wireless service account or number has been assigned by a
6		wireless carrier, other than an account or number associated
7		with prepaid wireless telecommunication service.
8		(Source: P.A. 99-6, eff. 1-1-16.)
9		(50 ILCS 750/8) (from Ch. 134, par. 38)
10		(Section scheduled to be repealed on July 1, 2017)
11		Sec. 8. The Administrator, with the advice and
12		recommendation of the Statewide 9-1-1 Advisory Board, shall
13		coordinate the implementation of systems established under
14		this Act. To assist with this coordination, all systems
15		authorized to operate under this Act shall register with the
16		Administrator information regarding its composition and
17		organization, including, but not limited to, identification of
18		all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs.
19		The Department may adopt rules for the administration of this
20		Section.
21		(Source: P.A. 99-6, eff. 1-1-16.)
22		(50 ILCS 750/10) (from Ch. 134, par. 40)
23		(Section scheduled to be repealed on July 1, 2017)
24		Sec. 10.

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1		(a) The Administrator, with the advice and recommendation
2		of the Statewide 9-1-1 Advisory Board, shall establish uniform
3		technical and operational standards for all 9-1-1 systems in
4		Illinois. All findings, orders, decisions, rules, and
5		regulations issued or promulgated by the Commission under this
6		Act or any other Act establishing or conferring power on the
7		Commission with respect to emergency telecommunications
8		services, shall continue in force. Notwithstanding the
9		provisions of this Section, where applicable, the
10		Administrator shall, with the advice and recommendation of the
11		Statewide 9-1-1 Advisory Board, amend the Commission's
12		findings, orders, decisions, rules, and regulations to conform
13		to the specific provisions of this Act as soon as practicable
14		after the effective date of this amendatory Act of the 99th
15		General Assembly.
16		(b) The Department may adopt emergency rules necessary to
17		implement the provisions of this amendatory Act of the 99th
18		General Assembly under subsection (t) of Section 5-45 of the
19		Illinois Administrative Procedure Act.
20		(c) Nothing in this Act shall deprive the Commission of any
21		authority to regulate the provision by telecommunication
22		carriers or 9-1-1 system service providers of
23		telecommunication or other services under the Public Utilities
24		Act.
25		(d) For rules that implicate both the regulation of 9-1-1
26		authorities under this Act and the regulation of

SB1839 Enrolled - 26 - LRB100 06226 SMS 16261 b
1		telecommunication carriers and 9-1-1 system service providers
2		under the Public Utilities Act, the Department and the
3		Commission may adopt joint rules necessary for implementation.
4		(e) Any findings, orders, or decisions of the Administrator
5		under this Section shall be deemed a final administrative
6		decision and shall be subject to judicial review under the
7		Administrative Review Law.
8		(Source: P.A. 99-6, eff. 1-1-16.)
9		(50 ILCS 750/10.3)
10		(Section scheduled to be repealed on July 1, 2017)
11		Sec. 10.3. Notice of address change. The Emergency
12		Telephone System Board or qualified governmental entity in any
13		county implementing a 9-1-1 system that changes any person's
14		address (when the person whose address has changed has not
15		moved to a new residence) shall notify the person (i) of the
16		person's new address and (ii) that the person should contact
17		the local election authority to determine if the person should
18		re-register to vote.
19		(Source: P.A. 90-664, eff. 7-30-98.)
20		(50 ILCS 750/12) (from Ch. 134, par. 42)
21		(Section scheduled to be repealed on July 1, 2017)
22		Sec. 12. The Attorney General may, on in behalf of the
23		Department or on his own initiative, commence judicial
24		proceedings to enforce compliance by any public agency or

SB1839 Enrolled - 27 - LRB100 06226 SMS 16261 b
1		public utility providing telephone service with this Act.
2		(Source: P.A. 99-6, eff. 1-1-16.)
3		(50 ILCS 750/14) (from Ch. 134, par. 44)
4		(Section scheduled to be repealed on July 1, 2017)
5		Sec. 14. The General Assembly declares that a major purpose
6		of in enacting this Act is to ensure that 9-1-1 systems have
7		redundant methods of dispatch for: (1) each public safety
8		agency within its jurisdiction, herein known as participating
9		agencies; and (2) 9-1-1 systems whose jurisdictional
10		boundaries are contiguous, herein known as adjacent 9-1-1
11		systems, when an emergency request for service is received for
12		a public safety agency that needs to be dispatched by the
13		adjacent 9-1-1 system. Another primary purpose of this Section
14		is to eliminate instances in which a public safety agency
15		responding emergency service refuses, once dispatched, to
16		render aid to the requester because the requester is outside of
17		the jurisdictional boundaries of the public safety agency
18		emergency service. Therefore, in implementing a 9-1-1 system
19		systems under this Act, all 9-1-1 authorities public agencies
20		in a single system shall enter into call handling and aid
21		outside jurisdictional boundaries agreements with each
22		participating agency and adjacent 9-1-1 system a joint powers
23		agreement or any other form of written cooperative agreement
24		which is applicable when need arises on a day-to-day basis.
25		Certified notification of the continuation of such agreements

SB1839 Enrolled - 28 - LRB100 06226 SMS 16261 b
1		shall be made among the involved parties on an annual basis. In
2		addition, such agreements shall be entered into between public
3		agencies and public safety agencies which are part of different
4		systems but whose jurisdictional boundaries are contiguous.
5		The agreements shall provide a primary and secondary means of
6		dispatch. It must also provide that, once an emergency unit is
7		dispatched in response to a request through the system, such
8		unit shall render its services to the requesting party without
9		regard to whether the unit is operating outside its normal
10		jurisdictional boundaries. Certified notification of the
11		continuation of call handling and aid outside jurisdictional
12		boundaries agreements shall be made among the involved parties
13		on an annual basis.
14		(Source: P.A. 86-101.)
15		(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
16		(Section scheduled to be repealed on July 1, 2017)
17		Sec. 15.2a. The installation of or connection to a
18		telephone company's network of any automatic alarm, automatic
19		alerting device, or mechanical dialer that causes the number
20		9-1-1 to be dialed in order to directly access emergency
21		services is prohibited in a 9-1-1 system.
22		This Section does not apply to a person who connects to a
23		9-1-1 network using automatic crash notification technology
24		subject to an established protocol.
25		This Section does not apply to devices used to enable

SB1839 Enrolled - 29 - LRB100 06226 SMS 16261 b
1		access to the 9-1-1 system for cognitively-impaired or special
2		needs persons or for persons with disabilities in an emergency
3		situation reported by a caregiver after initiating a missing
4		person's report. The device must have the capability to be
5		activated and controlled remotely by trained personnel at a
6		service center to prevent falsely activated or repeated calls
7		to the 9-1-1 system in a single incident. The device must have
8		the technical capability to generate location information to
9		the 9-1-1 system. Under no circumstances shall a device be sold
10		for use in a geographical jurisdiction where the 9-1-1 system
11		has not deployed wireless phase II location technology. The
12		alerting device shall also provide for either 2-way
13		communication or send a pre-recorded message to a 9-1-1
14		provider explaining the nature of the emergency so that the
15		9-1-1 provider will be able to dispatch the appropriate
16		emergency responder.
17		Violation of this Section is a Class A misdemeanor. A
18		second or subsequent violation of this Section is a Class 4
19		felony.
20		(Source: P.A. 99-143, eff. 7-27-15.)
21		(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
22		(Section scheduled to be repealed on July 1, 2017)
23		Sec. 15.3. Local non-wireless surcharge.
24		(a) Except as provided in subsection (l) of this Section,
25		the corporate authorities of any municipality or any county

SB1839 Enrolled - 30 - LRB100 06226 SMS 16261 b
1		may, subject to the limitations of subsections (c), (d), and
2		(h), and in addition to any tax levied pursuant to the
3		Simplified Municipal Telecommunications Tax Act, impose a
4		monthly surcharge on billed subscribers of network connection
5		provided by telecommunication carriers engaged in the business
6		of transmitting messages by means of electricity originating
7		within the corporate limits of the municipality or county
8		imposing the surcharge at a rate per network connection
9		determined in accordance with subsection (c), however the
10		monthly surcharge shall not apply to a network connection
11		provided for use with pay telephone services. Provided,
12		however, that where multiple voice grade communications
13		channels are connected between the subscriber's premises and a
14		public switched network through private branch exchange (PBX)
15		or centrex type service, a municipality imposing a surcharge at
16		a rate per network connection, as determined in accordance with
17		this Act, shall impose:
18		(i) in a municipality with a population of 500,000 or
19		less or in any county, 5 such surcharges per network
20		connection, as defined under Section 2 determined in
21		accordance with subsections (a) and (d) of Section 2.12 of
22		this Act, for both regular service and advanced service
23		provisioned trunk lines;
24		(ii) in a municipality with a population, prior to
25		March 1, 2010, of 500,000 or more, 5 surcharges per network
26		connection, as defined under Section 2 determined in

SB1839 Enrolled - 31 - LRB100 06226 SMS 16261 b
1		accordance with subsections (a) and (d) of Section 2.12 of
2		this Act, for both regular service and advanced service
3		provisioned trunk lines;
4		(iii) in a municipality with a population, as of March
5		1, 2010, of 500,000 or more, 5 surcharges per network
6		connection, as defined under Section 2 determined in
7		accordance with subsections (a) and (d) of Section 2.12 of
8		this Act, for regular service provisioned trunk lines, and
9		12 surcharges per network connection, as defined under
10		Section 2 determined in accordance with subsections (a) and
11		(d) of Section 2.12 of this Act, for advanced service
12		provisioned trunk lines, except where an advanced service
13		provisioned trunk line supports at least 2 but fewer than
14		23 simultaneous voice grade calls ("VGC's"), a
15		telecommunication carrier may elect to impose fewer than 12
16		surcharges per trunk line as provided in subsection (iv) of
17		this Section; or
18		(iv) for an advanced service provisioned trunk line
19		connected between the subscriber's premises and the public
20		switched network through a P.B.X., where the advanced
21		service provisioned trunk line is capable of transporting
22		at least 2 but fewer than 23 simultaneous VGC's per trunk
23		line, the telecommunications carrier collecting the
24		surcharge may elect to impose surcharges in accordance with
25		the table provided in this Section, without limiting any
26		telecommunications carrier's obligations to otherwise keep

SB1839 Enrolled - 32 - LRB100 06226 SMS 16261 b
1		and maintain records. Any telecommunications carrier
2		electing to impose fewer than 12 surcharges per an advanced
3		service provisioned trunk line shall keep and maintain
4		records adequately to demonstrate the VGC capability of
5		each advanced service provisioned trunk line with fewer
6		than 12 surcharges imposed, provided that 12 surcharges
7		shall be imposed on an advanced service provisioned trunk
8		line regardless of the VGC capability where a
9		telecommunications carrier cannot demonstrate the VGC
10		capability of the advanced service provisioned trunk line.
11 Facility VGC's 911 Surcharges 12 Advanced service provisioned trunk line 18-23 12 13 Advanced service provisioned trunk line 12-17 10 14 Advanced service provisioned trunk line 2-11 8
15		Subsections (i), (ii), (iii), and (iv) are not intended to
16		make any change in the meaning of this Section, but are
17		intended to remove possible ambiguity, thereby confirming the
18		intent of paragraph (a) as it existed prior to and following
19		the effective date of this amendatory Act of the 97th General
20		Assembly.
21		For mobile telecommunications services, if a surcharge is
22		imposed it shall be imposed based upon the municipality or
23		county that encompasses the customer's place of primary use as
24		defined in the Mobile Telecommunications Sourcing Conformity

SB1839 Enrolled - 33 - LRB100 06226 SMS 16261 b
1		Act. A municipality may enter into an intergovernmental
2		agreement with any county in which it is partially located,
3		when the county has adopted an ordinance to impose a surcharge
4		as provided in subsection (c), to include that portion of the
5		municipality lying outside the county in that county's
6		surcharge referendum. If the county's surcharge referendum is
7		approved, the portion of the municipality identified in the
8		intergovernmental agreement shall automatically be
9		disconnected from the county in which it lies and connected to
10		the county which approved the referendum for purposes of a
11		surcharge on telecommunications carriers.
12		(b) For purposes of computing the surcharge imposed by
13		subsection (a), the network connections to which the surcharge
14		shall apply shall be those in-service network connections,
15		other than those network connections assigned to the
16		municipality or county, where the service address for each such
17		network connection or connections is located within the
18		corporate limits of the municipality or county levying the
19		surcharge. Except for mobile telecommunication services, the
20		"service address" shall mean the location of the primary use of
21		the network connection or connections. For mobile
22		telecommunication services, "service address" means the
23		customer's place of primary use as defined in the Mobile
24		Telecommunications Sourcing Conformity Act.
25		(c) Upon the passage of an ordinance to impose a surcharge
26		under this Section the clerk of the municipality or county

SB1839 Enrolled - 34 - LRB100 06226 SMS 16261 b
1		shall certify the question of whether the surcharge may be
2		imposed to the proper election authority who shall submit the
3		public question to the electors of the municipality or county
4		in accordance with the general election law; provided that such
5		question shall not be submitted at a consolidated primary
6		election. The public question shall be in substantially the
7		following form:
8		-------------------------------------------------------------
9		Shall the county (or city, village
10		or incorporated town) of ..... impose YES
11		a surcharge of up to ...¢ per month per
12		network connection, which surcharge will
13		be added to the monthly bill you receive ------------------
14		for telephone or telecommunications
15		charges, for the purpose of installing
16		(or improving) a 9-1-1 Emergency NO
17		Telephone System?
18		-------------------------------------------------------------
19		If a majority of the votes cast upon the public question
20		are in favor thereof, the surcharge shall be imposed.
21		However, if a Joint Emergency Telephone System Board is to
22		be created pursuant to an intergovernmental agreement under
23		Section 15.4, the ordinance to impose the surcharge shall be
24		subject to the approval of a majority of the total number of
25		votes cast upon the public question by the electors of all of
26		the municipalities or counties, or combination thereof, that

SB1839 Enrolled - 35 - LRB100 06226 SMS 16261 b
1		are parties to the intergovernmental agreement.
2		The referendum requirement of this subsection (c) shall not
3		apply to any municipality with a population over 500,000 or to
4		any county in which a proposition as to whether a sophisticated
5		9-1-1 Emergency Telephone System should be installed in the
6		county, at a cost not to exceed a specified monthly amount per
7		network connection, has previously been approved by a majority
8		of the electors of the county voting on the proposition at an
9		election conducted before the effective date of this amendatory
10		Act of 1987.
11		(d) A county may not impose a surcharge, unless requested
12		by a municipality, in any incorporated area which has
13		previously approved a surcharge as provided in subsection (c)
14		or in any incorporated area where the corporate authorities of
15		the municipality have previously entered into a binding
16		contract or letter of intent with a telecommunications carrier
17		to provide sophisticated 9-1-1 service through municipal
18		funds.
19		(e) A municipality or county may at any time by ordinance
20		change the rate of the surcharge imposed under this Section if
21		the new rate does not exceed the rate specified in the
22		referendum held pursuant to subsection (c).
23		(f) The surcharge authorized by this Section shall be
24		collected from the subscriber by the telecommunications
25		carrier providing the subscriber the network connection as a
26		separately stated item on the subscriber's bill.

SB1839 Enrolled - 36 - LRB100 06226 SMS 16261 b
1		(g) The amount of surcharge collected by the
2		telecommunications carrier shall be paid to the particular
3		municipality or county or Joint Emergency Telephone System
4		Board not later than 30 days after the surcharge is collected,
5		net of any network or other 9-1-1 or sophisticated 9-1-1 system
6		charges then due the particular telecommunications carrier, as
7		shown on an itemized bill. The telecommunications carrier
8		collecting the surcharge shall also be entitled to deduct 3% of
9		the gross amount of surcharge collected to reimburse the
10		telecommunications carrier for the expense of accounting and
11		collecting the surcharge.
12		(h) Except as expressly provided in subsection (a) of this
13		Section, on or after the effective date of this amendatory Act
14		of the 98th General Assembly and until December 31, 2017, July
15		1, 2017, a municipality with a population of 500,000 or more
16		shall not impose a monthly surcharge per network connection in
17		excess of the highest monthly surcharge imposed as of January
18		1, 2014 by any county or municipality under subsection (c) of
19		this Section. Beginning January 1, 2018 and until December 31,
20		2020, a municipality with a population over 500,000 may not
21		impose a monthly surcharge in excess of $5.00 per network
22		connection. On or after January 1, 2021, July 1, 2017, a
23		municipality with a population over 500,000 may not impose a
24		monthly surcharge in excess of $2.50 per network connection.
25		(i) Any municipality or county or joint emergency telephone
26		system board that has imposed a surcharge pursuant to this

SB1839 Enrolled - 37 - LRB100 06226 SMS 16261 b
1		Section prior to the effective date of this amendatory Act of
2		1990 shall hereafter impose the surcharge in accordance with
3		subsection (b) of this Section.
4		(j) The corporate authorities of any municipality or county
5		may issue, in accordance with Illinois law, bonds, notes or
6		other obligations secured in whole or in part by the proceeds
7		of the surcharge described in this Section. The State of
8		Illinois pledges and agrees that it will not limit or alter the
9		rights and powers vested in municipalities and counties by this
10		Section to impose the surcharge so as to impair the terms of or
11		affect the security for bonds, notes or other obligations
12		secured in whole or in part with the proceeds of the surcharge
13		described in this Section. The pledge and agreement set forth
14		in this Section survive the termination of the surcharge under
15		subsection (l) by virtue of the replacement of the surcharge
16		monies guaranteed under Section 20; the State of Illinois
17		pledges and agrees that it will not limit or alter the rights
18		vested in municipalities and counties to the surcharge
19		replacement funds guaranteed under Section 20 so as to impair
20		the terms of or affect the security for bonds, notes or other
21		obligations secured in whole or in part with the proceeds of
22		the surcharge described in this Section.
23		(k) Any surcharge collected by or imposed on a
24		telecommunications carrier pursuant to this Section shall be
25		held to be a special fund in trust for the municipality, county
26		or Joint Emergency Telephone Board imposing the surcharge.

SB1839 Enrolled - 38 - LRB100 06226 SMS 16261 b
1		Except for the 3% deduction provided in subsection (g) above,
2		the special fund shall not be subject to the claims of
3		creditors of the telecommunication carrier.
4		(l) On and after the effective date of this amendatory Act
5		of the 99th General Assembly, no county or municipality, other
6		than a municipality with a population over 500,000, may impose
7		a monthly surcharge under this Section in excess of the amount
8		imposed by it on the effective date of this Act. Any surcharge
9		imposed pursuant to this Section by a county or municipality,
10		other than a municipality with a population in excess of
11		500,000, shall cease to be imposed on January 1, 2016.
12		(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
13		(50 ILCS 750/15.3a)
14		(Section scheduled to be repealed on July 1, 2017)
15		Sec. 15.3a. Local wireless surcharge.
16		(a) Notwithstanding any other provision of this Act, a unit
17		of local government or emergency telephone system board
18		providing wireless 9-1-1 service and imposing and collecting a
19		wireless carrier surcharge prior to July 1, 1998 may continue
20		its practices of imposing and collecting its wireless carrier
21		surcharge, but, except as provided in subsection (b) of this
22		Section, in no event shall that monthly surcharge exceed $2.50
23		per commercial mobile radio service (CMRS) connection or
24		in-service telephone number billed on a monthly basis. For
25		mobile telecommunications services provided on and after

SB1839 Enrolled - 39 - LRB100 06226 SMS 16261 b
1		August 1, 2002, any surcharge imposed shall be imposed based
2		upon the municipality or county that encompasses the customer's
3		place of primary use as defined in the Mobile
4		Telecommunications Sourcing Conformity Act.
5		(b) Until December 31, 2017, July 1, 2017, the corporate
6		authorities of a municipality with a population in excess of
7		500,000 on the effective date of this amendatory Act of the
8		99th General Assembly may by ordinance continue to impose and
9		collect a monthly surcharge per commercial mobile radio service
10		(CMRS) connection or in-service telephone number billed on a
11		monthly basis that does not exceed the highest monthly
12		surcharge imposed as of January 1, 2014 by any county or
13		municipality under subsection (c) of Section 15.3 of this Act.
14		Beginning January 1, 2018, and until December 31, 2020, a
15		municipality with a population in excess of 500,000 may by
16		ordinance continue to impose and collect a monthly surcharge
17		per commercial mobile radio service (CMRS) connection or
18		in-service telephone number billed on a monthly basis that does
19		not exceed $5.00. On or after January 1, 2021, July 1, 2017,
20		the municipality may continue imposing and collecting its
21		wireless carrier surcharge as provided in and subject to the
22		limitations of subsection (a) of this Section.
23		(c) In addition to any other lawful purpose, a municipality
24		with a population over 500,000 may use the moneys collected
25		under this Section for any anti-terrorism or emergency
26		preparedness measures, including, but not limited to,

SB1839 Enrolled - 40 - LRB100 06226 SMS 16261 b
1		preparedness planning, providing local matching funds for
2		federal or State grants, personnel training, and specialized
3		equipment, including surveillance cameras, as needed to deal
4		with natural and terrorist-inspired emergency situations or
5		events.
6		(Source: P.A. 99-6, eff. 1-1-16.)
7		(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
8		(Section scheduled to be repealed on July 1, 2017)
9		Sec. 15.4. Emergency Telephone System Board; powers.
10		(a) Except as provided in subsection (e) of this Section,
11		the corporate authorities of any county or municipality may
12		establish an Emergency Telephone System Board.
13		The corporate authorities shall provide for the manner of
14		appointment and the number of members of the Board, provided
15		that the board shall consist of not fewer than 5 members, one
16		of whom must be a public member who is a resident of the local
17		exchange service territory included in the 9-1-1 coverage area,
18		one of whom (in counties with a population less than 100,000)
19		may be a member of the county board, and at least 3 of whom
20		shall be representative of the 9-1-1 public safety agencies,
21		including but not limited to police departments, fire
22		departments, emergency medical services providers, and
23		emergency services and disaster agencies, and appointed on the
24		basis of their ability or experience. In counties with a
25		population of more than 100,000 but less than 2,000,000, a

SB1839 Enrolled - 41 - LRB100 06226 SMS 16261 b
1		member of the county board may serve on the Emergency Telephone
2		System Board. Elected officials, including members of a county
3		board, are also eligible to serve on the board. Members of the
4		board shall serve without compensation but shall be reimbursed
5		for their actual and necessary expenses. Any 2 or more
6		municipalities, counties, or combination thereof, may, instead
7		of establishing individual boards, establish by
8		intergovernmental agreement a Joint Emergency Telephone System
9		Board pursuant to this Section. The manner of appointment of
10		such a joint board shall be prescribed in the agreement. On or
11		after the effective date of this amendatory Act of the 100th
12		General Assembly, any new intergovernmental agreement entered
13		into to establish or join a Joint Emergency Telephone System
14		Board shall provide for the appointment of a PSAP
15		representative to the board.
16		Upon the effective date of this amendatory Act of the 98th
17		General Assembly, appointed members of the Emergency Telephone
18		System Board shall serve staggered 3-year terms if: (1) the
19		Board serves a county with a population of 100,000 or less; and
20		(2) appointments, on the effective date of this amendatory Act
21		of the 98th General Assembly, are not for a stated term. The
22		corporate authorities of the county or municipality shall
23		assign terms to the board members serving on the effective date
24		of this amendatory Act of the 98th General Assembly in the
25		following manner: (1) one-third of board members' terms shall
26		expire on January 1, 2015; (2) one-third of board members'

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1		terms shall expire on January 1, 2016; and (3) remaining board
2		members' terms shall expire on January 1, 2017. Board members
3		may be re-appointed upon the expiration of their terms by the
4		corporate authorities of the county or municipality.
5		The corporate authorities of a county or municipality may,
6		by a vote of the majority of the members elected, remove an
7		Emergency Telephone System Board member for misconduct,
8		official misconduct, or neglect of office.
9		(b) The powers and duties of the board shall be defined by
10		ordinance of the municipality or county, or by
11		intergovernmental agreement in the case of a joint board. The
12		powers and duties shall include, but need not be limited to the
13		following:
14		(1) Planning a 9-1-1 system.
15		(2) Coordinating and supervising the implementation,
16		upgrading, or maintenance of the system, including the
17		establishment of equipment specifications and coding
18		systems.
19		(3) Receiving moneys from the surcharge imposed under
20		Section 15.3, or disbursed to it under Section 30, and from
21		any other source, for deposit into the Emergency Telephone
22		System Fund.
23		(4) Authorizing all disbursements from the fund.
24		(5) Hiring any staff necessary for the implementation
25		or upgrade of the system.
26		(6) (Blank).

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1		(c) All moneys received by a board pursuant to a surcharge
2		imposed under Section 15.3, or disbursed to it under Section
3		30, shall be deposited into a separate interest-bearing
4		Emergency Telephone System Fund account. The treasurer of the
5		municipality or county that has established the board or, in
6		the case of a joint board, any municipal or county treasurer
7		designated in the intergovernmental agreement, shall be
8		custodian of the fund. All interest accruing on the fund shall
9		remain in the fund. No expenditures may be made from such fund
10		except upon the direction of the board by resolution passed by
11		a majority of all members of the board.
12		(d) The board shall complete a Master Street Address Guide
13		database before implementation of the 9-1-1 system. The error
14		ratio of the database shall not at any time exceed 1% of the
15		total database.
16		(e) On and after January 1, 2016, no municipality or county
17		may create an Emergency Telephone System Board unless the board
18		is a Joint Emergency Telephone System Board. The corporate
19		authorities of any county or municipality entering into an
20		intergovernmental agreement to create or join a Joint Emergency
21		Telephone System Board shall rescind an the ordinance or
22		ordinances creating a single the original Emergency Telephone
23		System Board and shall eliminate the single Emergency Telephone
24		System Board, effective upon the creation of the Joint
25		Emergency Telephone System Board, with regulatory approval by
26		the Administrator, or joining of the Joint Emergency Telephone

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1		System Board. Nothing in this Section shall be construed to
2		require the dissolution of an Emergency Telephone System Board
3		that is not succeeded by a Joint Emergency Telephone System
4		Board or is not required to consolidate under Section 15.4a of
5		this Act.
6		(f) Within one year after the effective date of this
7		amendatory Act of the 100th General Assembly, any corporate
8		authorities of a county or municipality, other than a
9		municipality with a population of more than 500,000, operating
10		a 9-1-1 system without an Emergency Telephone System Board or
11		Joint Emergency Telephone System Board shall create or join a
12		Joint Emergency Telephone System Board.
13		(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)
14		(50 ILCS 750/15.4a)
15		(Section scheduled to be repealed on July 1, 2017)
16		Sec. 15.4a. Consolidation.
17		(a) By July 1, 2017, and except as otherwise provided in
18		this Section, Emergency Telephone System Boards, Joint
19		Emergency Telephone System Boards, qualified governmental
20		entities, and PSAPs shall be consolidated as follows, subject
21		to subsections (b) and (c) of this Section:
22		(1) In any county with a population of at least 250,000
23		that has a single Emergency Telephone System Board, or
24		qualified governmental entity and more than 2 PSAPs, shall
25		reduce the number of PSAPs by at least 50% or to 2 PSAPs,

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

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

SB1839 Enrolled - 47 - LRB100 06226 SMS 16261 b
1		each 9-1-1 Authority required to consolidate pursuant to
2		paragraphs (1) through (6) of subsection (a) of this Section
3		shall file a plan for consolidation or a request for a waiver
4		pursuant to subsection (c) of this Section with the Office
5		Division of the Statewide 9-1-1 Administrator.
6		(1) No county or 9-1-1 Authority may avoid the
7		requirements of this Section by converting primary PSAPs to
8		secondary or virtual answering points. Any county or 9-1-1
9		Authority not in compliance with this Section shall be
10		ineligible to receive consolidation grant funds issued
11		under Section 15.4b of this Act or monthly disbursements
12		otherwise due under Section 30 of this Act, until the
13		county or 9-1-1 Authority is in compliance.
14		(2) Within 60 calendar days of receiving a
15		consolidation plan, the Statewide 9-1-1 Advisory Board
16		shall hold at least one public hearing on the plan and
17		provide a recommendation to the Administrator. Notice of
18		the hearing shall be provided to the respective entity to
19		which the plan applies.
20		(3) Within 90 calendar days of receiving a
21		consolidation plan, the Administrator shall approve the
22		plan, approve the plan as modified, or grant a waiver
23		pursuant to subsection (c) of this Section. In making his
24		or her decision, the Administrator shall consider any
25		recommendation from the Statewide 9-1-1 Advisory Board
26		regarding the plan. If the Administrator does not follow

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1		the recommendation of the Board, the Administrator shall
2		provide a written explanation for the deviation in his or
3		her decision.
4		(4) The deadlines provided in this subsection may be
5		extended upon agreement between the Administrator and
6		entity which submitted the plan.
7		(c) A waiver from a consolidation required under subsection
8		(a) of this Section may be granted if the Administrator finds
9		that the consolidation will result in a substantial threat to
10		public safety, is economically unreasonable, or is technically
11		infeasible.
12		(d) Any decision of the Administrator under this Section
13		shall be deemed a final administrative decision and shall be
14		subject to judicial review under the Administrative Review Law.
15		(Source: P.A. 99-6, eff. 1-1-16.)
16		(50 ILCS 750/15.4b)
17		(Section scheduled to be repealed on July 1, 2017)
18		Sec. 15.4b. Consolidation grants.
19		(a) The Administrator, with the advice and recommendation
20		of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
21		System Consolidation Grant Program to defray costs associated
22		with 9-1-1 system consolidation of systems outside of a
23		municipality with a population in excess of 500,000. The
24		awarded grants will be used to offset non-recurring costs
25		associated with the consolidation of 9-1-1 systems and shall

SB1839 Enrolled - 49 - LRB100 06226 SMS 16261 b
1		not be used for ongoing operating costs associated with the
2		consolidated system. The Department, in consultation with the
3		Administrator and the Statewide 9-1-1 Advisory Board, shall
4		adopt rules defining the grant process and criteria for issuing
5		the grants. The grants should be awarded based on criteria that
6		include, but are not limited to:
7		(1) reducing the number of transfers of a 9-1-1 call;
8		(2) reducing the infrastructure required to adequately
9		provide 9-1-1 network services;
10		(3) promoting cost savings from resource sharing among
11		9-1-1 systems;
12		(4) facilitating interoperability and resiliency for
13		the receipt of 9-1-1 calls;
14		(5) reducing the number of 9-1-1 systems or reducing
15		the number of PSAPs within a 9-1-1 system;
16		(6) cost saving resulting from 9-1-1 system
17		consolidation; and
18		(7) expanding E9-1-1 service coverage as a result of
19		9-1-1 system consolidation including to areas without
20		E9-1-1 service.
21		Priority shall be given first to counties not providing
22		9-1-1 service as of January 1, 2016, and next to other entities
23		consolidating as required under Section 15.4a of this Act.
24		(b) The 9-1-1 System Consolidation Grant application, as
25		defined by Department rules, shall be submitted electronically
26		to the Administrator starting January 2, 2016, and every

SB1839 Enrolled - 50 - LRB100 06226 SMS 16261 b
1		January 2 thereafter. The application shall include a modified
2		9-1-1 system plan as required by this Act in support of the
3		consolidation plan. The Administrator shall have until June 30,
4		2016 and every June 30 thereafter to approve 9-1-1 System
5		Consolidation grants and modified 9-1-1 system plans. Payment
6		under the approved 9-1-1 System Consolidation grants shall be
7		contingent upon the final approval of a modified 9-1-1 system
8		plan.
9		(c) Existing and previously completed consolidation
10		projects shall be eligible to apply for reimbursement of costs
11		related to the consolidation incurred between 2010 and the
12		State fiscal year of the application.
13		(d) The 9-1-1 systems that receive grants under this
14		Section shall provide a report detailing grant fund usage to
15		the Administrator pursuant to Section 40 of this Act.
16		(Source: P.A. 99-6, eff. 1-1-16.)
17		(50 ILCS 750/15.6a)
18		(Section scheduled to be repealed on July 1, 2017)
19		Sec. 15.6a. Wireless emergency 9-1-1 service.
20		(a) The digits "9-1-1" shall be the designated emergency
21		telephone number within the wireless system.
22		(b) The Department may set non-discriminatory and uniform
23		technical and operational standards consistent with the rules
24		of the Federal Communications Commission for directing calls to
25		authorized public safety answering points. These standards

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1		shall not in any way prescribe the technology or manner a
2		wireless carrier shall use to deliver wireless 9-1-1 or
3		wireless E9-1-1 calls, and these standards shall not exceed the
4		requirements set by the Federal Communications Commission;
5		however, standards for directing calls to the authorized public
6		safety answering point shall be included. The authority given
7		to the Department in this Section is limited to setting
8		standards as set forth herein and does not constitute authority
9		to regulate wireless carriers.
10		(c) For the purpose of providing wireless 9-1-1 emergency
11		services, an emergency telephone system board or, in the
12		absence of an emergency telephone system board, a qualified
13		governmental entity, may declare its intention for one or more
14		of its public safety answering points to serve as a primary
15		wireless 9-1-1 public safety answering point for its
16		jurisdiction by notifying the Administrator in writing within 6
17		months after receiving its authority to operate a 9-1-1 system
18		under this Act. In addition, 2 or more emergency telephone
19		system boards or qualified governmental entities may, by virtue
20		of an intergovernmental agreement, provide wireless 9-1-1
21		service. Until the jurisdiction comes into compliance with
22		Section 15.4a of this Act, the The Department of State Police
23		shall be the primary wireless 9-1-1 public safety answering
24		point for any jurisdiction that did not provide notice to the
25		Illinois Commerce Commission and the Department prior to
26		January 1, 2016.

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1		(d) The Administrator, upon a request from a qualified
2		governmental entity or an emergency telephone system board and
3		with the advice and recommendation of the Statewide 9-1-1
4		Advisory Board, may grant authority to the emergency telephone
5		system board or a qualified governmental entity to provide
6		wireless 9-1-1 service in areas for which the Department has
7		accepted wireless 9-1-1 responsibility. The Administrator
8		shall maintain a current list of all 9-1-1 systems and
9		qualified governmental entities providing wireless 9-1-1
10		service under this Act.
11		(Source: P.A. 99-6, eff. 1-1-16.)
12		(50 ILCS 750/17.5 new)
13		Sec. 17.5. 9-1-1 call transfer, forward, or relay.
14		(a) The General Assembly finds the following:
15		(1) Some 9-1-1 systems throughout this State do not
16		have a procedure in place to manually transfer, forward, or
17		relay 9-1-1 calls originating within one 9-1-1 system's
18		jurisdiction, but which should properly be answered and
19		dispatched by another 9-1-1 system, to the appropriate
20		9-1-1 system for answering and dispatch of first
21		responders.
22		(2) On January 1, 2016, the General Assembly gave
23		oversight authority of 9-1-1 systems to the Department of
24		State Police.
25		(3) Since that date, the Department of State Police has

SB1839 Enrolled - 53 - LRB100 06226 SMS 16261 b
1		authorized individual 9-1-1 systems in counties and
2		municipalities to implement and upgrade enhanced 9-1-1
3		systems throughout the State.
4		(b) The Department shall prepare a directory of all
5		authorized 9-1-1 systems in the State. The directory shall
6		include an emergency 24/7 10-digit telephone number for all
7		primary public safety answering points located in each 9-1-1
8		system to which 9-1-1 calls from another jurisdiction can be
9		transferred. This directory shall be made available to each
10		9-1-1 authority for its use in establishing standard operating
11		procedures regarding calls outside its 9-1-1 jurisdiction.
12		(c) Each 9-1-1 system shall provide the Department with the
13		following information:
14		(1) The name of the PSAP, a list of every participating
15		agency, and the county the PSAP is in, including college
16		and university public safety entities.
17		(2) The 24/7 10-digit emergency telephone number and
18		email address for the dispatch agency to which 9-1-1 calls
19		originating in another 9-1-1 jurisdiction can be
20		transferred or by which the PSAP can be contacted via email
21		to exchange information. Each 9-1-1 system shall provide
22		the Department with any changes to the participating
23		agencies and this number and email address immediately upon
24		the change occurring. Each 9-1-1 system shall provide the
25		PSAP information, the 24/7 10-digit emergency telephone
26		number and email address to the Manager of the Department's

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1		9-1-1 Program within 30 days of the effective date of this
2		amendatory Act of the 100th General Assembly.
3		(3) The standard operating procedure describing the
4		manner in which the 9-1-1 system will transfer, forward, or
5		relay 9-1-1 calls originating within its jurisdiction, but
6		which should properly be answered and dispatched by another
7		9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1
8		system shall provide the standard operating procedures to
9		the Manager of the Department's 9-1-1 Program within 180
10		days after the effective date of this amendatory Act of the
11		100th General Assembly.
12		(50 ILCS 750/19)
13		(Section scheduled to be repealed on July 1, 2017)
14		Sec. 19. Statewide 9-1-1 Advisory Board.
15		(a) Beginning July 1, 2015, there is created the Statewide
16		9-1-1 Advisory Board within the Department of State Police. The
17		Board shall consist of the following 11 voting members:
18		(1) The Director of the State Police, or his or her
19		designee, who shall serve as chairman.
20		(2) The Executive Director of the Commission, or his or
21		her designee.
22		(3) Nine members appointed by the Governor as follows:
23		(A) one member representing the Illinois chapter
24		of the National Emergency Number Association, or his or
25		her designee;

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

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1		Telecommunications Association; (vi) one member representing
2		the Cable Television and Communication Association of
3		Illinois; and (vii) one member representing the Illinois State
4		Ambulance Association. The Speaker of the House of
5		Representatives, the Minority Leader of the House of
6		Representatives, the President of the Senate, and the Minority
7		Leader of the Senate may each appoint a member of the General
8		Assembly to temporarily serve as a non-voting member of the
9		Board during the 12 months prior to the repeal date of this Act
10		to discuss legislative initiatives of the Board.
11		(b) The Governor shall make initial appointments to the
12		Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
13		voting members appointed by the Governor shall serve an initial
14		term of 2 years, and the remaining voting members appointed by
15		the Governor shall serve an initial term of 3 years.
16		Thereafter, each appointment by the Governor shall be for a
17		term of 3 years. Non-voting members shall serve for a term of 3
18		years. Vacancies shall be filled in the same manner as the
19		original appointment. Persons appointed to fill a vacancy shall
20		serve for the balance of the unexpired term.
21		Members of the Statewide 9-1-1 Advisory Board shall serve
22		without compensation.
23		(c) The 9-1-1 Services Advisory Board, as constituted on
24		June 1, 2015 without the legislative members, shall serve in
25		the role of the Statewide 9-1-1 Advisory Board until all
26		appointments of voting members have been made by the Governor

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1		under subsection (a) of this Section.
2		(d) The Statewide 9-1-1 Advisory Board shall:
3		(1) advise the Department of State Police and the
4		Statewide 9-1-1 Administrator on the oversight of 9-1-1
5		systems and the development and implementation of a uniform
6		statewide 9-1-1 system;
7		(2) make recommendations to the Governor and the
8		General Assembly regarding improvements to 9-1-1 services
9		throughout the State; and
10		(3) exercise all other powers and duties provided in
11		this Act.
12		(e) The Statewide 9-1-1 Advisory Board shall submit to the
13		General Assembly a report by March 1 of each year providing an
14		update on the transition to a statewide 9-1-1 system and
15		recommending any legislative action.
16		(f) The Department of State Police shall provide
17		administrative support to the Statewide 9-1-1 Advisory Board.
18		(Source: P.A. 99-6, eff. 6-29-15.)
19		(50 ILCS 750/20)
20		(Section scheduled to be repealed on July 1, 2017)
21		Sec. 20. Statewide surcharge.
22		(a) On and after January 1, 2016, and except with respect
23		to those customers who are subject to surcharges as provided in
24		Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
25		be imposed on all customers of telecommunications carriers and

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1		wireless carriers as follows:
2		(1) Each telecommunications carrier shall impose a
3		monthly surcharge of $0.87 per network connection;
4		provided, however, the monthly surcharge shall not apply to
5		a network connection provided for use with pay telephone
6		services. Where multiple voice grade communications
7		channels are connected between the subscriber's premises
8		and a public switched network through private branch
9		exchange (PBX), or centrex type service, or other multiple
10		voice grade communication channels facility, there shall
11		be imposed 5 such surcharges per network connection for
12		both regular service and advanced service provisioned
13		trunk lines. Until December 31, 2017, the surcharge shall
14		be $0.87 per network connection and on and after January 1,
15		2018, the surcharge shall be $1.50 per network connection.
16		(2) Each wireless carrier shall impose and collect a
17		monthly surcharge of $0.87 per CMRS connection that either
18		has a telephone number within an area code assigned to
19		Illinois by the North American Numbering Plan
20		Administrator or has a billing address in this State. Until
21		December 31, 2017, the surcharge shall be $0.87 per
22		connection and on and after January 1, 2018, the surcharge
23		shall be $1.50 per connection.
24		(b) State and local taxes shall not apply to the surcharges
25		imposed under this Section.
26		(c) The surcharges imposed by this Section shall be stated

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

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

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

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1		Administrator determines that the enforcement of this penalty
2		is unjust.
3		(j) Notwithstanding any provision of law to the contrary,
4		nothing shall impair the right of wireless carriers to recover
5		compliance costs for all emergency communications services
6		that are not reimbursed out of the Wireless Carrier
7		Reimbursement Fund directly from their wireless subscribers by
8		line-item charges on the wireless subscriber's bill. Those
9		compliance costs include all costs incurred by wireless
10		carriers in complying with local, State, and federal regulatory
11		or legislative mandates that require the transmission and
12		receipt of emergency communications to and from the general
13		public, including, but not limited to, E9-1-1.
14		(Source: P.A. 99-6, eff. 1-1-16.)
15		(50 ILCS 750/30)
16		(Section scheduled to be repealed on July 1, 2017)
17		Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
18		(a) A special fund in the State treasury known as the
19		Wireless Service Emergency Fund shall be renamed the Statewide
20		9-1-1 Fund. Any appropriations made from the Wireless Service
21		Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
22		The Fund shall consist of the following:
23		(1) 9-1-1 wireless surcharges assessed under the
24		Wireless Emergency Telephone Safety Act.
25		(2) 9-1-1 surcharges assessed under Section 20 of this

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1		Act.
2		(3) Prepaid wireless 9-1-1 surcharges assessed under
3		Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
4		(4) Any appropriations, grants, or gifts made to the
5		Fund.
6		(5) Any income from interest, premiums, gains, or other
7		earnings on moneys in the Fund.
8		(6) Money from any other source that is deposited in or
9		transferred to the Fund.
10		(b) Subject to appropriation and availability of funds, the
11		Department shall distribute the 9-1-1 surcharges monthly as
12		follows:
13		(1) From each surcharge collected and remitted under
14		Section 20 of this Act:
15		(A) $0.013 shall be distributed monthly in equal
16		amounts to each County Emergency Telephone System
17		Board or qualified governmental entity in counties
18		with a population under 100,000 according to the most
19		recent census data which is authorized to serve as a
20		primary wireless 9-1-1 public safety answering point
21		for the county and to provide wireless 9-1-1 service as
22		prescribed by subsection (b) of Section 15.6a of this
23		Act, and which does provide such service.
24		(B) $0.033 shall be transferred by the Comptroller
25		at the direction of the Department to the Wireless
26		Carrier Reimbursement Fund until June 30, 2017; from

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1		July 1, 2017 through June 30, 2018, $0.026 shall be
2		transferred; from July 1, 2018 through June 30, 2019,
3		$0.020 shall be transferred; from July 1, 2019, through
4		June 30, 2020, $0.013 shall be transferred; from July
5		1, 2020 through June 30, 2021, $0.007 will be
6		transferred; and after June 30, 2021, no transfer shall
7		be made to the Wireless Carrier Reimbursement Fund.
8		(C) Until December 31, 2017, $0.007 and on and
9		after January 1, 2018, $0.017 shall be used to cover
10		the Department's administrative costs.
11		(D) Beginning January 1, 2018, until June 30, 2020,
12		$0.12, and on and after July 1, 2020, $0.04 shall be
13		used to make monthly proportional grants to the
14		appropriate 9-1-1 Authority currently taking wireless
15		9-1-1 based upon the United States Postal Zip Code of
16		the billing addresses of subscribers wireless
17		carriers.
18		(E) Until June 30, 2020, $0.05 shall be used by the
19		Department for grants for NG9-1-1 expenses, with
20		priority given to 9-1-1 Authorities that provide 9-1-1
21		service within the territory of a Large Electing
22		Provider as defined in Section 13-406.1 of the Public
23		Utilities Act.
24		(F) On and after July 1, 2020, $0.13 shall be used
25		for the implementation of and continuing expenses for
26		the Statewide NG9-1-1 system.

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1		(2) After disbursements under paragraph (1) of this
2		subsection (b), all remaining funds in the Statewide 9-1-1
3		Fund shall be disbursed in the following priority order:
4		(A) The Fund shall will pay monthly to:
5		(i) the 9-1-1 Authorities that imposed
6		surcharges under Section 15.3 of this Act and were
7		required to report to the Illinois Commerce
8		Commission under Section 27 of the Wireless
9		Emergency Telephone Safety Act on October 1, 2014,
10		except a 9-1-1 Authority in a municipality with a
11		population in excess of 500,000, an amount equal to
12		the average monthly wireline and VoIP surcharge
13		revenue attributable to the most recent 12-month
14		period reported to the Department under that
15		Section for the October 1, 2014 filing, subject to
16		the power of the Department to investigate the
17		amount reported and adjust the number by order
18		under Article X of the Public Utilities Act, so
19		that the monthly amount paid under this item
20		accurately reflects one-twelfth of the aggregate
21		wireline and VoIP surcharge revenue properly
22		attributable to the most recent 12-month period
23		reported to the Commission; or
24		(ii) county qualified governmental entities
25		that did not impose a surcharge under Section 15.3
26		as of December 31, 2015, and counties that did not

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1		impose a surcharge as of June 30, 2015, an amount
2		equivalent to their population multiplied by .37
3		multiplied by the rate of $0.69; counties that are
4		not county qualified governmental entities and
5		that did not impose a surcharge as of December 31,
6		2015, shall not begin to receive the payment
7		provided for in this subsection until E9-1-1 and
8		wireless E9-1-1 services are provided within their
9		counties; or
10		(iii) counties without 9-1-1 service that had
11		a surcharge in place by December 31, 2015, an
12		amount equivalent to their population multiplied
13		by .37 multiplied by their surcharge rate as
14		established by the referendum.
15		(B) All 9-1-1 network costs for systems outside of
16		municipalities with a population of at least 500,000
17		shall be paid by the Department directly to the
18		vendors.
19		(C) All expenses incurred by the Administrator and
20		the Statewide 9-1-1 Advisory Board and costs
21		associated with procurement under Section 15.6b
22		including requests for information and requests for
23		proposals.
24		(D) Funds may be held in reserve by the Statewide
25		9-1-1 Advisory Board and disbursed by the Department
26		for grants under Section 15.4b of this Act Sections

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1		15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5
2		million per year in State fiscal years 2016 and 2017;
3		up to $20 $13.5 million in State fiscal year 2018; up
4		to $20.9 $14.4 million in State fiscal year 2019; up to
5		$15.3 million in State fiscal year 2020; up to $16.2
6		million in State fiscal year 2021; up to $23.1 million
7		in State fiscal year 2022; and up to $17.0 million per
8		year for State fiscal year 2023 and each year
9		thereafter. The amount held in reserve in State fiscal
10		years 2018 and 2019 shall not be less than $6.5
11		million. Disbursements under this subparagraph (D)
12		shall be prioritized as follows: (i) consolidation
13		grants prioritized under subsection (a) of Section
14		15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
15		consolidation grants under Section 15.4b of this Act
16		for consolidation expenses incurred between January 1,
17		2010, and January 1, 2016.
18		(E) All remaining funds per remit month shall be
19		used to make monthly proportional grants to the
20		appropriate 9-1-1 Authority currently taking wireless
21		9-1-1 based upon the United States Postal Zip Code of
22		the billing addresses of subscribers of wireless
23		carriers.
24		(c) The moneys deposited into the Statewide 9-1-1 Fund
25		under this Section shall not be subject to administrative
26		charges or chargebacks unless otherwise authorized by this Act.

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1		(d) Whenever two or more 9-1-1 Authorities consolidate, the
2		resulting Joint Emergency Telephone System Board shall be
3		entitled to the monthly payments that had theretofore been made
4		to each consolidating 9-1-1 Authority. Any reserves held by any
5		consolidating 9-1-1 Authority shall be transferred to the
6		resulting Joint Emergency Telephone System Board. Whenever a
7		county that has no 9-1-1 service as of January 1, 2016 enters
8		into an agreement to consolidate to create or join a Joint
9		Emergency Telephone System Board, the Joint Emergency
10		Telephone System Board shall be entitled to the monthly
11		payments that would have otherwise been paid to the county if
12		it had provided 9-1-1 service.
13		(Source: P.A. 99-6, eff. 1-1-16.)
14		(50 ILCS 750/35)
15		(Section scheduled to be repealed on July 1, 2017)
16		Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
17		as otherwise provided in this Act, expenditures from surcharge
18		revenues received under this Act may be made by municipalities,
19		counties, and 9-1-1 Authorities only to pay for the costs
20		associated with the following:
21		(1) The design of the Emergency Telephone System.
22		(2) The coding of an initial Master Street Address
23		Guide database, and update and maintenance thereof.
24		(3) The repayment of any moneys advanced for the
25		implementation of the system.

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

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1		of an emergency telephone system do not include the costs
2		of public safety agency personnel who are and equipment
3		that is dispatched in response to an emergency call.
4		(8) The defraying of expenses incurred to implement
5		Next Generation 9-1-1, subject to the conditions set forth
6		in this Act.
7		(9) The implementation of a computer aided dispatch
8		system or hosted supplemental 9-1-1 services.
9		(10) The design, implementation, operation,
10		maintenance, or upgrade of wireless 9-1-1, or E9-1-1, or
11		NG9-1-1 emergency services and public safety answering
12		points.
13		Moneys in the Statewide 9-1-1 Fund may also be transferred
14		to a participating fire protection district to reimburse
15		volunteer firefighters who man remote telephone switching
16		facilities when dedicated 9-1-1 lines are down.
17		In the case of a municipality with a population over
18		500,000, moneys may also be used for any anti-terrorism or
19		emergency preparedness measures, including, but not limited
20		to, preparedness planning, providing local matching funds for
21		federal or State grants, personnel training, and specialized
22		equipment, including surveillance cameras, as needed to deal
23		with natural and terrorist-inspired emergency situations or
24		events.
25		(Source: P.A. 99-6, eff. 1-1-16.)

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1		(50 ILCS 750/40)
2		(Section scheduled to be repealed on July 1, 2017)
3		Sec. 40. Financial reports.
4		(a) The Department shall create uniform accounting
5		procedures, with such modification as may be required to give
6		effect to statutory provisions applicable only to
7		municipalities with a population in excess of 500,000, that any
8		emergency telephone system board, qualified governmental
9		entity, or unit of local government receiving surcharge money
10		pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
11		(b) By January 31, 2018, and every January 31 thereafter
12		October 1, 2016, and every October 1 thereafter, each emergency
13		telephone system board, qualified governmental entity, or unit
14		of local government receiving surcharge money pursuant to
15		Section 15.3, 15.3a, or 30 shall report to the Department
16		audited financial statements showing total revenue and
17		expenditures for the period beginning with the end of the
18		period covered by the last submitted report through the end of
19		the previous calendar year previous fiscal year in a form and
20		manner as prescribed by the Department. Such financial
21		information shall include:
22		(1) a detailed summary of revenue from all sources
23		including, but not limited to, local, State, federal, and
24		private revenues, and any other funds received;
25		(2) all expenditures made during the reporting period
26		from distributions under this Act; operating expenses,

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1		capital expenditures, and cash balances; and
2		(3) call data and statistics, when available, from the
3		reporting period, as specified by the Department and
4		collected in accordance with any reporting method
5		established or required such other financial information
6		that is relevant to the provision of 9-1-1 services as
7		determined by the Department; .
8		(4) all costs associated with dispatching appropriate
9		public safety agencies to respond to 9-1-1 calls received
10		by the PSAP; and
11		(5) all funding sources and amounts of funding used for
12		costs described in paragraph (4) of this subsection (b).
13		The emergency telephone system board, qualified
14		governmental entity, or unit of local government is responsible
15		for any costs associated with auditing such financial
16		statements. The Department shall post the audited financial
17		statements on the Department's website.
18		(c) Along with its audited financial statement, each
19		emergency telephone system board, qualified governmental
20		entity, or unit of local government receiving a grant under
21		Section 15.4b of this Act shall include a report of the amount
22		of grant moneys received and how the grant moneys were used. In
23		case of a conflict between this requirement and the Grant
24		Accountability and Transparency Act, or with the rules of the
25		Governor's Office of Management and Budget adopted thereunder,
26		that Act and those rules shall control.

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1		(d) If an emergency telephone system board or qualified
2		governmental entity that receives funds from the Statewide
3		9-1-1 Fund fails to file the 9-1-1 system financial reports as
4		required under this Section, the Department shall suspend and
5		withhold monthly disbursements otherwise due to the emergency
6		telephone system board or qualified governmental entity under
7		Section 30 of this Act until the report is filed.
8		Any monthly disbursements that have been withheld for 12
9		months or more shall be forfeited by the emergency telephone
10		system board or qualified governmental entity and shall be
11		distributed proportionally by the Department to compliant
12		emergency telephone system boards and qualified governmental
13		entities that receive funds from the Statewide 9-1-1 Fund.
14		Any emergency telephone system board or qualified
15		governmental entity not in compliance with this Section shall
16		be ineligible to receive any consolidation grant or
17		infrastructure grant issued under this Act.
18		(e) The Department may adopt emergency rules necessary to
19		implement the provisions of this Section.
20		(f) Any findings or decisions of the Department under this
21		Section shall be deemed a final administrative decision and
22		shall be subject to judicial review under the Administrative
23		Review Law.
24		(g) Beginning October 1, 2017, the Department shall provide
25		a quarterly report to the Board of its expenditures from the
26		Statewide 9-1-1 Fund for the prior fiscal quarter.

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1		(Source: P.A. 99-6, eff. 1-1-16.)
2		(50 ILCS 750/55)
3		(Section scheduled to be repealed on July 1, 2017)
4		Sec. 55. Public disclosure. Because of the highly
5		competitive nature of the wireless telephone industry, public
6		disclosure of information about surcharge moneys paid by
7		wireless carriers could have the effect of stifling competition
8		to the detriment of the public and the delivery of wireless
9		9-1-1 services. Therefore, the Illinois Commerce Commission,
10		the Department of State Police, governmental agencies, and
11		individuals with access to that information shall take
12		appropriate steps to prevent public disclosure of this
13		information. Information and data supporting the amount and
14		distribution of surcharge moneys collected and remitted by an
15		individual wireless carrier shall be deemed exempt information
16		for purposes of the Freedom of Information Act and shall not be
17		publicly disclosed. The gross amount paid by all carriers shall
18		not be deemed exempt and may be publicly disclosed.
19		(Source: P.A. 99-6, eff. 1-1-16.)
20		(50 ILCS 750/99)
21		(Section scheduled to be repealed on July 1, 2017)
22		Sec. 99. Repealer. This Act is repealed on December 31,
23		2020 July 1, 2017.
24		(Source: P.A. 99-6, eff. 6-29-15.)

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1		Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
2		amended by changing Section 15 as follows:
3		(50 ILCS 753/15)
4		Sec. 15. Prepaid wireless 9-1-1 surcharge.
5		(a) Until September 30, 2015, there is hereby imposed on
6		consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail
7		transaction. Beginning October 1, 2015, the prepaid wireless
8		9-1-1 surcharge shall be 3% per retail transaction. The
9		surcharge authorized by this subsection (a) does not apply in a
10		home rule municipality having a population in excess of
11		500,000.
12		(a-5) On or after the effective date of this amendatory Act
13		of the 98th General Assembly and until December 31, 2020, July
14		1, 2017, a home rule municipality having a population in excess
15		of 500,000 on the effective date of this amendatory Act may
16		impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
17		retail transaction sourced to that jurisdiction and collected
18		and remitted in accordance with the provisions of subsection
19		(b-5) of this Section. On or after January 1, 2021, July 1,
20		2017, a home rule municipality having a population in excess of
21		500,000 on the effective date of this Act may only impose a
22		prepaid wireless 9-1-1 surcharge not to exceed 7% per retail
23		transaction sourced to that jurisdiction and collected and
24		remitted in accordance with the provisions of subsection (b-5).

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1		(b) The prepaid wireless 9-1-1 surcharge shall be collected
2		by the seller from the consumer with respect to each retail
3		transaction occurring in this State and shall be remitted to
4		the Department by the seller as provided in this Act. The
5		amount of the prepaid wireless 9-1-1 surcharge shall be
6		separately stated as a distinct item apart from the charge for
7		the prepaid wireless telecommunications service on an invoice,
8		receipt, or other similar document that is provided to the
9		consumer by the seller or shall be otherwise disclosed to the
10		consumer. If the seller does not separately state the surcharge
11		as a distinct item to the consumer as provided in this Section,
12		then the seller shall maintain books and records as required by
13		this Act which clearly identify the amount of the 9-1-1
14		surcharge for retail transactions.
15		For purposes of this subsection (b), a retail transaction
16		occurs in this State if (i) the retail transaction is made in
17		person by a consumer at the seller's business location and the
18		business is located within the State; (ii) the seller is a
19		provider and sells prepaid wireless telecommunications service
20		to a consumer located in Illinois; (iii) the retail transaction
21		is treated as occurring in this State for purposes of the
22		Retailers' Occupation Tax Act; or (iv) a seller that is
23		included within the definition of a "retailer maintaining a
24		place of business in this State" under Section 2 of the Use Tax
25		Act makes a sale of prepaid wireless telecommunications service
26		to a consumer located in Illinois. In the case of a retail

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

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

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1		under Section 1g of the Retailers' Occupation Tax Act.
2		(d) The amount of the prepaid wireless 9-1-1 surcharge that
3		is collected by a seller from a consumer, if such amount is
4		separately stated on an invoice, receipt, or other similar
5		document provided to the consumer by the seller, shall not be
6		included in the base for measuring any tax, fee, surcharge, or
7		other charge that is imposed by this State, any political
8		subdivision of this State, or any intergovernmental agency.
9		(e) (Blank).
10		(e-5) Any changes in the rate of the surcharge imposed by a
11		municipality under the authority granted in subsection (a-5) of
12		this Section shall be effective on the first day of the first
13		calendar month to occur at least 60 days after the enactment of
14		the change. The Department shall provide not less than 30 days'
15		notice of the increase or reduction in the rate of such
16		surcharge on the Department's website.
17		(f) When prepaid wireless telecommunications service is
18		sold with one or more other products or services for a single,
19		non-itemized price, then the percentage specified in
20		subsection (a) or (a-5) of this Section 15 shall be applied to
21		the entire non-itemized price unless the seller elects to apply
22		the percentage to (i) the dollar amount of the prepaid wireless
23		telecommunications service if that dollar amount is disclosed
24		to the consumer or (ii) the portion of the price that is
25		attributable to the prepaid wireless telecommunications
26		service if the retailer can identify that portion by reasonable

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1		and verifiable standards from its books and records that are
2		kept in the regular course of business for other purposes,
3		including, but not limited to, books and records that are kept
4		for non-tax purposes. However, if a minimal amount of prepaid
5		wireless telecommunications service is sold with a prepaid
6		wireless device for a single, non-itemized price, then the
7		seller may elect not to apply the percentage specified in
8		subsection (a) or (a-5) of this Section 15 to such transaction.
9		For purposes of this subsection, an amount of service
10		denominated as 10 minutes or less or $5 or less is considered
11		minimal.
12		(g) The prepaid wireless 9-1-1 surcharge imposed under
13		subsections (a) and (a-5) of this Section is not imposed on the
14		provider or the consumer for wireless Lifeline service where
15		the consumer does not pay the provider for the service. Where
16		the consumer purchases from the provider optional minutes,
17		texts, or other services in addition to the federally funded
18		Lifeline benefit, a consumer must pay the prepaid wireless
19		9-1-1 surcharge, and it must be collected by the seller
20		according to subsection (b-5).
21		(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
22		Section 25. The Public Utilities Act is amended by changing
23		Sections 13-102, 13-103, 13-230, 13-301.1, 13-406, 13-703,
24		13-1200, 21-401, and 21-1601 and by adding Section 13-406.1 as
25		follows:

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1		(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
2		(Section scheduled to be repealed on July 1, 2017)
3		Sec. 13-102. Findings. With respect to telecommunications
4		services, as herein defined, the General Assembly finds that:
5		(a) universally available and widely affordable
6		telecommunications services are essential to the health,
7		welfare and prosperity of all Illinois citizens;
8		(b) federal regulatory and judicial rulings in the 1980s
9		caused a restructuring of the telecommunications industry and
10		opened some aspects of the industry to competitive entry,
11		thereby necessitating revision of State telecommunications
12		regulatory policies and practices;
13		(c) revisions in telecommunications regulatory policies
14		and practices in Illinois beginning in the mid-1980s brought
15		the benefits of competition to consumers in many
16		telecommunications markets, but not in local exchange
17		telecommunications service markets;
18		(d) the federal Telecommunications Act of 1996 established
19		the goal of opening all telecommunications service markets to
20		competition and accords to the states the responsibility to
21		establish and enforce policies necessary to attain that goal;
22		(e) it is in the immediate interest of the People of the
23		State of Illinois for the State to exercise its rights within
24		the new framework of federal telecommunications policy to
25		ensure that the economic benefits of competition in all

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1		telecommunications service markets are realized as effectively
2		as possible;
3		(f) the competitive offering of all telecommunications
4		services will increase innovation and efficiency in the
5		provision of telecommunications services and may lead to
6		reduced prices for consumers, increased investment in
7		communications infrastructure, the creation of new jobs, and
8		the attraction of new businesses to Illinois; and
9		(g) protection of the public interest requires changes in
10		the regulation of telecommunications carriers and services to
11		ensure, to the maximum feasible extent, the reasonable and
12		timely development of effective competition in all
13		telecommunications service markets; .
14		(h) Illinois residents rely on today's modern wired and
15		wireless Internet Protocol (IP) networks and services to
16		improve their lives by connecting them to school and college
17		degrees, work and job opportunities, family and friends,
18		information, and entertainment, as well as emergency
19		responders and public safety officials; Illinois businesses
20		rely on these modern IP networks and services to compete in a
21		global marketplace by expanding their customer base, managing
22		inventory and operations more efficiently, and offering
23		customers specialized and personalized products and services;
24		without question, Illinois residents and our State's economy
25		rely profoundly on the modern wired and wireless IP networks
26		and services in our State;

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1		(i) the transition from 20th century traditional circuit
2		switched and other legacy telephone services to modern 21st
3		century next generation Internet Protocol (IP) services is
4		taking place at an extraordinary pace as Illinois consumers are
5		upgrading to home communications service using IP technology,
6		including high speed Internet, Voice over Internet Protocol,
7		and wireless service;
8		(j) this rapid transition to IP-based communications has
9		dramatically transformed the way people communicate and has
10		provided significant benefits to consumers in the form of
11		innovative functionalities resulting from the seamless
12		convergence of voice, video, and text, benefits realized by the
13		General Assembly when it chose to transition its own
14		telecommunications system to an all IP communications network
15		in 2016;
16		(k) the benefits of the transition to IP-based networks and
17		services were also recognized by the General Assembly in 2015
18		through the enactment of legislation requiring that every 9-1-1
19		emergency system in Illinois provide Next Generation 9-1-1
20		service by July 1, 2020, and requiring that the Next Generation
21		9-1-1 network must be an IP-based platform; and
22		(l) completing the transition to all IP-based networks and
23		technologies is in the public interest because it will promote
24		continued innovation, consumer benefits, increased
25		efficiencies, and increased investment in IP-based networks
26		and services.

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1		(Source: P.A. 90-185, eff. 7-23-97.)
2		(220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
3		(Section scheduled to be repealed on July 1, 2017)
4		Sec. 13-103. Policy. Consistent with its findings, the
5		General Assembly declares that it is the policy of the State of
6		Illinois that:
7		(a) telecommunications services should be available to all
8		Illinois citizens at just, reasonable, and affordable rates and
9		that such services should be provided as widely and
10		economically as possible in sufficient variety, quality,
11		quantity and reliability to satisfy the public interest;
12		(b) consistent with the protection of consumers of
13		telecommunications services and the furtherance of other
14		public interest goals, competition in all telecommunications
15		service markets should be pursued as a substitute for
16		regulation in determining the variety, quality and price of
17		telecommunications services and that the economic burdens of
18		regulation should be reduced to the extent possible consistent
19		with the furtherance of market competition and protection of
20		the public interest;
21		(c) all necessary and appropriate modifications to State
22		regulation of telecommunications carriers and services should
23		be implemented without unnecessary disruption to the
24		telecommunications infrastructure system or to consumers of
25		telecommunications services and that it is necessary and

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1		appropriate to establish rules to encourage and ensure orderly
2		transitions in the development of markets for all
3		telecommunications services;
4		(d) the consumers of telecommunications services and
5		facilities provided by persons or companies subject to
6		regulation pursuant to this Act and Article should be required
7		to pay only reasonable and non-discriminatory rates or charges
8		and that in no case should rates or charges for non-competitive
9		telecommunications services include any portion of the cost of
10		providing competitive telecommunications services, as defined
11		in Section 13-209, or the cost of any nonregulated activities;
12		(e) the regulatory policies and procedures provided in this
13		Article are established in recognition of the changing nature
14		of the telecommunications industry and therefore should be
15		subject to systematic legislative review to ensure that the
16		public benefits intended to result from such policies and
17		procedures are fully realized; and
18		(f) development of and prudent investment in advanced
19		telecommunications services and networks that foster economic
20		development of the State should be encouraged through the
21		implementation and enforcement of policies that promote
22		effective and sustained competition in all telecommunications
23		service markets; and .
24		(g) completion of the transition to modern IP-based
25		networks should be encouraged through relief from the outdated
26		regulations that require continued investment in legacy

SB1839 Enrolled - 86 - LRB100 06226 SMS 16261 b
1		circuit switched networks from which Illinois consumers have
2		largely transitioned, while at the same time ensuring that
3		consumers have access to available alternative services that
4		provide quality voice service and access to emergency
5		communications.
6		(Source: P.A. 90-185, eff. 7-23-97.)
7		(220 ILCS 5/13-230)
8		(Section scheduled to be repealed on July 1, 2017)
9		Sec. 13-230. Prepaid calling service. "Prepaid calling
10		service" means telecommunications service that must be paid for
11		in advance by an end user, enables the end user to originate
12		calls using an access number or authorization code, whether
13		manually or electronically dialed, and is sold in predetermined
14		units or dollars of which the number declines with use in a
15		known amount. A prepaid calling service call is a call made by
16		an end user using prepaid calling service. "Prepaid calling
17		service" does not include a wireless telecommunications
18		service that allows a caller to dial 9-1-1 to access the 9-1-1
19		system, which service must be paid for in advance, and is sold
20		in predetermined units or dollars and the amount declines with
21		use in a known amount prepaid wireless telecommunications
22		service as defined in Section 10 of the Wireless Emergency
23		Telephone Safety Act.
24		(Source: P.A. 97-463, eff. 1-1-12.)

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1		(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
2		(Section scheduled to be repealed on July 1, 2017)
3		Sec. 13-301.1. Universal Telephone Service Assistance
4		Program.
5		(a) The Commission shall by rule or regulation establish a
6		Universal Telephone Service Assistance Program for low income
7		residential customers. The program shall provide for a
8		reduction of access line charges, a reduction of connection
9		charges, or any other alternative assistance or program to
10		increase accessibility to telephone service and broadband
11		Internet access service that the Commission deems advisable
12		subject to the availability of funds for the program as
13		provided in subsections subsection (d) and (e). The Commission
14		shall establish eligibility requirements for benefits under
15		the program.
16		(b) The Commission shall adopt rules providing for enhanced
17		enrollment for eligible consumers to receive lifeline service.
18		Enhanced enrollment may include, but is not limited to, joint
19		marketing, joint application, or joint processing with the
20		Low-Income Home Energy Assistance Program, the Medicaid
21		Program, and the Food Stamp Program. The Department of Human
22		Services, the Department of Healthcare and Family Services, and
23		the Department of Commerce and Economic Opportunity, upon
24		request of the Commission, shall assist in the adoption and
25		implementation of those rules. The Commission and the
26		Department of Human Services, the Department of Healthcare and

SB1839 Enrolled - 88 - LRB100 06226 SMS 16261 b
1		Family Services, and the Department of Commerce and Economic
2		Opportunity may enter into memoranda of understanding
3		establishing the respective duties of the Commission and the
4		Departments in relation to enhanced enrollment.
5		(c) In this Section: ,
6		"Lifeline "lifeline service" means a retail local
7		service offering described by 47 CFR C.F.R. Section
8		54.401(a), as amended.
9		(d) The Commission shall require by rule or regulation that
10		each telecommunications carrier providing local exchange
11		telecommunications services notify its customers that if the
12		customer wishes to participate in the funding of the Universal
13		Telephone Service Assistance Program he may do so by electing
14		to contribute, on a monthly basis, a fixed amount that will be
15		included in the customer's monthly bill. The customer may cease
16		contributing at any time upon providing notice to the
17		telecommunications carrier providing local exchange
18		telecommunications services. The notice shall state that any
19		contribution made will not reduce the customer's bill for
20		telecommunications services. Failure to remit the amount of
21		increased payment will reduce the contribution accordingly.
22		The Commission shall specify the monthly fixed amount or
23		amounts that customers wishing to contribute to the funding of
24		the Universal Telephone Service Assistance Program may choose
25		from in making their contributions. Every telecommunications
26		carrier providing local exchange telecommunications services

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1		shall remit the amounts contributed in accordance with the
2		terms of the Universal Telephone Service Assistance Program.
3		(e) Amounts collected and remitted under subsection (d)
4		may, to the extent the Commission deems advisable, be used for
5		funding a program to be administered by the entity designated
6		by the Commission as administrator of the Universal Telephone
7		Service Assistance Program for educating and assisting
8		low-income residential customers with a transition to Internet
9		protocol-based networks and services. This program may
10		include, but need not be limited to, measures designed to
11		notify and educate residential customers regarding the
12		availability of alternative voice services with access to
13		9-1-1, access to and use of broadband Internet access service,
14		and pricing options.
15		(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";
16		and
17		(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
18		(Section scheduled to be repealed on July 1, 2017)
19		Sec. 13-406. Abandonment of service. No telecommunications
20		carrier offering or providing noncompetitive
21		telecommunications service pursuant to a valid Certificate of
22		Service Authority or certificate of public convenience and
23		necessity shall discontinue or abandon such service once
24		initiated until and unless it shall demonstrate, and the
25		Commission finds, after notice and hearing, that such

SB1839 Enrolled - 90 - LRB100 06226 SMS 16261 b
1		discontinuance or abandonment will not deprive customers of any
2		necessary or essential telecommunications service or access
3		thereto and is not otherwise contrary to the public interest.
4		No telecommunications carrier offering or providing
5		competitive telecommunications service shall completely
6		discontinue or abandon such service to an identifiable class or
7		group of customers once initiated except upon 60 days notice to
8		the Commission and affected customers. The Commission may, upon
9		its own motion or upon complaint, investigate the proposed
10		discontinuance or abandonment of a competitive
11		telecommunications service and may, after notice and hearing,
12		prohibit such proposed discontinuance or abandonment if the
13		Commission finds that it would be contrary to the public
14		interest. If the Commission does not provide notice of a
15		hearing within 60 calendar days after the notification or holds
16		a hearing and fails to find that the proposed discontinuation
17		or abandonment would be contrary to the public interest, the
18		provider may discontinue or abandon such service after
19		providing at least 30 days notice to affected customers. This
20		Section does not apply to a Large Electing Provider proceeding
21		under Section 13-406.1.
22		(Source: P.A. 96-927, eff. 6-15-10.)
23		(220 ILCS 5/13-406.1 new)
24		Sec. 13-406.1. Large Electing Provider transition to
25		IP-based networks and service.

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1		(a) As used in this Section:
2		"Alternative voice service" means service that includes
3		all of the applicable functionalities for voice telephony
4		services described in 47 CFR 54.101(a).
5		"Existing customer" means a residential customer of the
6		Large Electing Provider who is subscribing to a
7		telecommunications service on the date the Large Electing
8		Provider sends its notice under paragraph (1) of subsection (c)
9		of this Section of its intent to cease offering and providing
10		service. For purposes of this Section, a residential customer
11		of the Large Electing Provider whose service has been
12		temporarily suspended, but not finally terminated as of the
13		date that the Large Electing Provider sends that notice, shall
14		be deemed to be an "existing customer".
15		"Large Electing Provider" means an Electing Provider, as
16		defined in Section 13-506.2 of this Act, that (i) reported in
17		its annual competition report for the year 2016 filed with the
18		Commission under Section 13-407 of this Act and 83 Ill. Adm.
19		Code 793 that it provided at least 700,000 access lines to end
20		users; and (ii) is affiliated with a provider of commercial
21		mobile radio service, as defined in 47 CFR 20.3, as of January
22		1, 2017.
23		"New customer" means a residential customer who is not
24		subscribing to a telecommunications service provided by the
25		Large Electing Provider on the date the Large Electing Provider
26		sends its notice under paragraph (1) of subsection (c) of this

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1		Section of its intent to cease offering and providing that
2		service.
3		"Provider" includes every corporation, company,
4		association, firm, partnership, and individual and their
5		lessees, trustees, or receivers appointed by a court that sell
6		or offer to sell an alternative voice service.
7		"Reliable access to 9-1-1" means access to 9-1-1 that
8		complies with the applicable rules, regulations, and
9		guidelines established by the Federal Communications
10		Commission and the applicable provisions of the Emergency
11		Telephone System Act and implementing rules.
12		"Willing provider" means a provider that voluntarily
13		participates in the request for service process.
14		(b) Beginning June 30, 2017, a Large Electing Provider may,
15		to the extent permitted by and consistent with federal law,
16		including, as applicable, approval by the Federal
17		Communications Commission of the discontinuance of the
18		interstate-access component of a telecommunications service,
19		cease to offer and provide a telecommunications service to an
20		identifiable class or group of customers, other than voice
21		telecommunications service to residential customers or a
22		telecommunications service to a class of customers under
23		subsection (b-5) of this Section, upon 60 days' notice to the
24		Commission and affected customers.
25		(b-5) Notwithstanding any provision to the contrary in this
26		Section 13-406.1, beginning December 31, 2021, a Large Electing

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1		Provider may, to the extent permitted by and consistent with
2		federal law, including, if applicable, approval by the Federal
3		Communications Commission of the discontinuance of the
4		interstate-access component of a telecommunication service,
5		cease to offer and provide a telecommunications service to one
6		or more of the following classes or groups of customers upon 60
7		days' notice to the Commission and affected customers: (1)
8		electric utilities, as defined in Section 16-102 of this Act;
9		(2) public utilities, as defined in Section 3-105 of this Act,
10		that offers natural gas or water services; (3) electric, gas,
11		and water utilities that are excluded from the definition of
12		public utility under paragraph (1) of subsection (b) of Section
13		3-105 of this Act; (4) water companies as described in
14		paragraph (2) of subsection (b) of Section 3-105 of this Act;
15		(5) natural gas cooperatives as described in paragraph (4) of
16		subsection (b) of Section 3-105 of this Act; (6) electric
17		cooperatives as defined in Section 3-119 of this Act; (7)
18		entities engaged in the commercial generation of electric power
19		and energy; (8) the functional divisions of public agencies, as
20		defined in Section 2 of the Emergency Telephone System Act,
21		that provide police or firefighting services; and (9) 9-1-1
22		Authorities, as defined in Section 2 of the Emergency Telephone
23		System Act; provided that the date shall be extended to
24		December 21, 2022, for (i) an electric utility, as defined in
25		Section 16-102 of this Act, that serves more than 3 million
26		customers in the State; and (ii) an entity engaged in the

SB1839 Enrolled - 94 - LRB100 06226 SMS 16261 b
1		commercial generation of electric power and energy that
2		operates one or more nuclear power plants in the State.
3		(c) Beginning June 30, 2017, a Large Electing Provider may,
4		to the extent permitted by and consistent with federal law,
5		cease to offer and provide voice telecommunications service to
6		an identifiable class or group of residential customers, which,
7		for the purposes of this subsection (c), shall be referred to
8		as "requested service", subject to compliance with the
9		following requirements:
10		(1) No less than 255 days prior to providing notice to
11		the Federal Communications Commission of its intent to
12		discontinue the interstate-access component of the
13		requested service, the Large Electing Provider shall:
14		(A) file a notice of the proposed cessation of the
15		requested service with the Commission, which shall
16		include a statement that the Large Electing Provider
17		will comply with any service discontinuance rules and
18		regulations of the Federal Communications Commission
19		pertaining to compatibility of alternative voice
20		services with medical monitoring devices; and
21		(B) provide notice of the proposed cessation of the
22		requested service to each of the Large Electing
23		Provider's existing customers within the affected
24		geographic area by first-class mail separate from
25		customer bills. If the customer has elected to receive
26		electronic billing, the notice shall be sent

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1		electronically and by first-class mail separate from
2		customer bills. The notice provided under this
3		subparagraph (B) shall describe the requested service,
4		identify the earliest date on which the Large Electing
5		Provider intends to cease offering or providing the
6		telecommunications service, provide a telephone number
7		by which the existing customer may contact a service
8		representative of the Large Electing Provider, and
9		provide a telephone number by which the existing
10		customer may contact the Commission's Consumer
11		Services Division. The notice shall also include the
12		following statement:
13		"If you do not believe that an alternative
14		voice service including reliable access to 9-1-1
15		is available to you, from either [name of Large
16		Electing Provider] or another provider of wired or
17		wireless voice service where you live, you have the
18		right to request the Illinois Commerce Commission
19		to investigate the availability of alternative
20		voice service including reliable access to 9-1-1.
21		To do so, you must submit such a request either in
22		writing or by signing and returning a copy of this
23		notice, no later than (insert date), 60 days after
24		the date of the notice to the following address:
25		Chief Clerk of the Illinois Commerce Commission
26		527 East Capitol Avenue

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1		Springfield, Illinois 62706
2		You must include in your request a reference to
3		the notice you received from [Large Electing
4		Provider's name] and the date of notice.".
5		Thirty days following the date of notice, the Large
6		Electing Provider shall provide each customer to which
7		the notice was sent a follow-up notice containing the
8		same information and reminding customers of the
9		deadline for requesting the Commission to investigate
10		alternative voice service with access to 9-1-1.
11		(2) After June 30, 2017, and only in a geographic area
12		for which a Large Electing Provider has provided notice of
13		proposed cessation of the requested service to existing
14		customers under paragraph (1) of this subsection (c), an
15		existing customer of that provider may, within 60 days
16		after issuance of such notice, request the Commission to
17		investigate the availability of alternative voice service
18		including reliable access to 9-1-1 to that customer. For
19		the purposes of this paragraph (2), existing customers who
20		make such a request are referred to as "requesting existing
21		customers". The Large Electing Provider may cease to offer
22		or provide the requested service to existing customers who
23		do not make a request for investigation beginning 30 days
24		after issuance of the notice required by paragraph (5) of
25		this subsection (c).
26		(A) In response to all requests and investigations

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1		under this paragraph (2), the Commission shall conduct
2		a single investigation to be commenced 75 days after
3		the receipt of notice under paragraph (1) of this
4		subsection (c), and completed within 135 days after
5		commencement. The Commission shall, within 135 days
6		after commencement of the investigation, make one of
7		the findings described in subdivisions (i) and (ii) of
8		this subparagraph (A) for each requesting existing
9		customer.
10		(i) If, as a result of the investigation, the
11		Commission finds that service from at least one
12		provider offering alternative voice service
13		including reliable access to 9-1-1 through any
14		technology or medium is available to one or more
15		requesting existing customers, the Commission
16		shall declare by order that, with respect to each
17		requesting existing customer for which such a
18		finding is made, the Large Electing Provider may
19		cease to offer or provide the requested service
20		beginning 30 days after the issuance of the notice
21		required by paragraph (5) of this subsection (c).
22		(ii) If, as a result of the investigation, the
23		Commission finds that service from at least one
24		provider offering alternative voice service,
25		including reliable access to 9-1-1, through any
26		technology or medium is not available to one or

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1		more requesting existing customers, the Commission
2		shall declare by order that an emergency exists
3		with respect to each requesting existing customer
4		for which such a finding is made.
5		(B) If the Commission declares an emergency under
6		subdivision (ii) of subparagraph (A) of this paragraph
7		(2) with respect to one or more requesting existing
8		customers, the Commission shall conduct a request for
9		service process to identify a willing provider of
10		alternative voice service including reliable access to
11		9-1-1. A provider shall not be required to participate
12		in the request for service process. The willing
13		provider may utilize any form of technology that is
14		capable of providing alternative voice service
15		including reliable access to 9-1-1, including, without
16		limitation, Voice over Internet Protocol services and
17		wireless services. The Commission shall, within 45
18		days after the issuance of an order finding that an
19		emergency exists, make one of the determinations
20		described in subdivisions (i) and (ii) of this
21		subparagraph (B) for each requesting existing customer
22		for which an emergency has been declared.
23		(i) If the Commission determines that another
24		provider is willing and capable of providing
25		alternative voice service including reliable
26		access to 9-1-1 to one or more requesting existing

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1		customers for which an emergency has been
2		declared, the Commission shall declare by order
3		that, with respect to each requesting existing
4		customer for which such a determination is made,
5		the Large Electing Provider may cease to offer or
6		provide the requested service beginning 30 days
7		after the issuance of the notice required by
8		paragraph (5) of this Section.
9		(ii) If the Commission determines that for one
10		or more of the requesting existing customers for
11		which an emergency has been declared there is no
12		other provider willing and capable of providing
13		alternative voice service including reliable
14		access to 9-1-1, the Commission shall issue an
15		order requiring the Large Electing Provider to
16		provide alternative voice service including
17		reliable access to 9-1-1 to each requesting
18		existing customer utilizing any form of technology
19		capable of providing alternative voice service
20		including reliable access to 9-1-1, including,
21		without limitation, continuation of the requested
22		service, Voice over Internet Protocol services,
23		and wireless services, until another willing
24		provider is available. A Large Electing Provider
25		may fulfill the requirement through an affiliate
26		or another provider. The Large Electing Provider

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1		may request that such an order be rescinded upon a
2		showing that an alternative voice service
3		including reliable access to 9-1-1 has become
4		available to the requesting existing customer from
5		another provider.
6		(3) If the Commission receives no requests for
7		investigation from any existing customer under paragraph
8		(2) of this subsection (c) within 60 days after issuance of
9		the notice under paragraph (1) of this subsection (c), the
10		Commission shall provide written notice to the Large
11		Electing Provider of that fact no later than 75 days after
12		receipt of notice under paragraph (1) of this subsection
13		(c). Notwithstanding any provision of this subsection (c)
14		to the contrary, if no existing customer requests an
15		investigation under paragraph (2) of this subsection (c),
16		the Large Electing Provider may immediately provide the
17		notice to the Federal Communications Commission as
18		described in paragraph (4) of this subsection (c).
19		(4) At the same time that it provides notice to the
20		Federal Communications Commission of its intent to
21		discontinue the interstate-access component of the
22		requested service, the Large Electing Provider shall:
23		(A) file a notice of proposal to cease to offer and
24		provide the requested service with the Commission; and
25		(B) provide a notice of proposal to cease to offer
26		and provide the requested service to existing

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1		customers and new customers receiving the service at
2		the time of the notice within each affected geographic
3		area, with the notice made by first-class mail or
4		within customer bills delivered by mail or equivalent
5		means of notice, including electronic means if the
6		customer has elected to receive electronic billing.
7		The notice provided under this subparagraph (B) shall
8		include a brief description of the requested service,
9		the date on which the Large Electing Provider intends
10		to cease offering or providing the telecommunications
11		service, and a statement as required by 47 CFR 63.71
12		that describes the process by which the customer may
13		submit comments to the Federal Communications
14		Commission.
15		(5) Upon approval by the Federal Communications
16		Commission of its request to discontinue the
17		interstate-access component of the requested service and
18		subject to the requirements of any order issued by the
19		Commission under subdivision (ii) of subparagraph (B) of
20		paragraph (2) of this subsection (c), the Large Electing
21		Provider may immediately cease to offer the requested
22		service to all customers not receiving the service on the
23		date of the Federal Communications Commission's approval
24		and may cease to offer and provide the requested service to
25		all customers receiving the service at the time of the
26		Federal Communications Commission's approval upon 30 days'

SB1839 Enrolled - 102 - LRB100 06226 SMS 16261 b
1		notice to the Commission and affected customers. Notice to
2		affected customers under this paragraph (5) shall be
3		provided by first-class mail separate from customer bills.
4		The notice provided under this paragraph (5) shall describe
5		the requested service, identify the date on which the Large
6		Electing Provider intends to cease offering or providing
7		the telecommunications service, and provide a telephone
8		number by which the existing customer may contact a service
9		representative of the Large Electing Provider.
10		(6) The notices provided for in paragraph (1) of this
11		subsection (c) are not required as a prerequisite for the
12		Large Electing Provider to cease to offer or provide a
13		telecommunications service in a geographic area where
14		there are no residential customers taking service from the
15		Large Electing Provider on the date that the Large Electing
16		Provider files notice to the Federal Communications
17		Commission of its intent to discontinue the
18		interstate-access component of the requested service in
19		that geographic area.
20		(7) For a period of 45 days following the date of a
21		notice issued under paragraph (5) of this Section, an
22		existing customer (i) who is located in the affected
23		geographic area subject to that notice; (ii) who was
24		receiving the requested service as of the date of the
25		Federal Communications Commission's approval of the Large
26		Electing Provider's request to discontinue the

SB1839 Enrolled - 103 - LRB100 06226 SMS 16261 b
1		interstate-access component of the requested service;
2		(iii) who did not make a timely request for investigation
3		under paragraph (2) of this subsection (c); and (iv) whose
4		service will be or has been discontinued under paragraph
5		(5), may request assistance from the Large Electing
6		Provider in identifying providers of alternative voice
7		service including reliable access to 9-1-1. Within 15 days
8		of the request, the Large Electing Provider shall provide
9		the customer with a list of alternative voice service
10		providers.
11		(8) Notwithstanding any other provision of this Act,
12		except as expressly authorized by this subsection (c), the
13		Commission may not, upon its own motion or upon complaint,
14		investigate, suspend, disapprove, condition, or otherwise
15		regulate the cessation of a telecommunications service to
16		an identifiable class or group of customers once initiated
17		by a Large Electing Provider under subsection (b) or (b-5)
18		of this Section or this subsection (c).
19		(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
20		(Section scheduled to be repealed on July 1, 2017)
21		Sec. 13-703. (a) The Commission shall design and implement
22		a program whereby each telecommunications carrier providing
23		local exchange service shall provide a telecommunications
24		device capable of servicing the needs of those persons with a
25		hearing or speech disability together with a single party line,

SB1839 Enrolled - 104 - LRB100 06226 SMS 16261 b
1		at no charge additional to the basic exchange rate, to any
2		subscriber who is certified as having a hearing or speech
3		disability by a hearing care professional, as defined in the
4		Hearing Instrument Consumer Protection Act, a speech-language
5		pathologist, or a qualified State agency and to any subscriber
6		which is an organization serving the needs of those persons
7		with a hearing or speech disability as determined and specified
8		by the Commission pursuant to subsection (d).
9		(b) The Commission shall design and implement a program,
10		whereby each telecommunications carrier providing local
11		exchange service shall provide a telecommunications relay
12		system, using third party intervention to connect those persons
13		having a hearing or speech disability with persons of normal
14		hearing by way of intercommunications devices and the telephone
15		system, making available reasonable access to all phases of
16		public telephone service to persons who have a hearing or
17		speech disability. In order to design a telecommunications
18		relay system which will meet the requirements of those persons
19		with a hearing or speech disability available at a reasonable
20		cost, the Commission shall initiate an investigation and
21		conduct public hearings to determine the most cost-effective
22		method of providing telecommunications relay service to those
23		persons who have a hearing or speech disability when using
24		telecommunications devices and therein solicit the advice,
25		counsel, and physical assistance of Statewide nonprofit
26		consumer organizations that serve persons with hearing or

SB1839 Enrolled - 105 - LRB100 06226 SMS 16261 b
1		speech disabilities in such hearings and during the development
2		and implementation of the system. The Commission shall phase in
3		this program, on a geographical basis, as soon as is
4		practicable, but no later than June 30, 1990.
5		(c) The Commission shall establish a competitively neutral
6		rate recovery mechanism that establishes charges in an amount
7		to be determined by the Commission for each line of a
8		subscriber to allow telecommunications carriers providing
9		local exchange service to recover costs as they are incurred
10		under this Section. Beginning no later than April 1, 2016, and
11		on a yearly basis thereafter, the Commission shall initiate a
12		proceeding to establish the competitively neutral amount to be
13		charged or assessed to subscribers of telecommunications
14		carriers and wireless carriers, Interconnected VoIP service
15		providers, and consumers of prepaid wireless
16		telecommunications service in a manner consistent with this
17		subsection (c) and subsection (f) of this Section. The
18		Commission shall issue its order establishing the
19		competitively neutral amount to be charged or assessed to
20		subscribers of telecommunications carriers and wireless
21		carriers, Interconnected VoIP service providers, and
22		purchasers of prepaid wireless telecommunications service on
23		or prior to June 1 of each year, and such amount shall take
24		effect June 1 of each year.
25		Telecommunications carriers, wireless carriers,
26		Interconnected VoIP service providers, and sellers of prepaid

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1		wireless telecommunications service shall have 60 days from the
2		date the Commission files its order to implement the new rate
3		established by the order.
4		(d) The Commission shall determine and specify those
5		organizations serving the needs of those persons having a
6		hearing or speech disability that shall receive a
7		telecommunications device and in which offices the equipment
8		shall be installed in the case of an organization having more
9		than one office. For the purposes of this Section,
10		"organizations serving the needs of those persons with hearing
11		or speech disabilities" means centers for independent living as
12		described in Section 12a of the Rehabilitation of Persons with
13		Disabilities Act and not-for-profit organizations whose
14		primary purpose is serving the needs of those persons with
15		hearing or speech disabilities. The Commission shall direct the
16		telecommunications carriers subject to its jurisdiction and
17		this Section to comply with its determinations and
18		specifications in this regard.
19		(e) As used in this Section:
20		"Prepaid wireless telecommunications service" has the
21		meaning given to that term under Section 10 of the Prepaid
22		Wireless 9-1-1 Surcharge Act.
23		"Retail transaction" has the meaning given to that term
24		under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
25		"Seller" has the meaning given to that term under Section
26		10 of the Prepaid Wireless 9-1-1 Surcharge Act.

SB1839 Enrolled - 107 - LRB100 06226 SMS 16261 b
1		"Telecommunications carrier providing local exchange
2		service" includes, without otherwise limiting the meaning of
3		the term, telecommunications carriers which are purely mutual
4		concerns, having no rates or charges for services, but paying
5		the operating expenses by assessment upon the members of such a
6		company and no other person.
7		"Wireless carrier" has the meaning given to that term under
8		Section 2 10 of the Wireless Emergency Telephone System Safety
9		Act.
10		(f) Interconnected VoIP service providers, sellers of
11		prepaid wireless telecommunications service, and wireless
12		carriers in Illinois shall collect and remit assessments
13		determined in accordance with this Section in a competitively
14		neutral manner in the same manner as a telecommunications
15		carrier providing local exchange service. However, the
16		assessment imposed on consumers of prepaid wireless
17		telecommunications service shall be collected by the seller
18		from the consumer and imposed per retail transaction as a
19		percentage of that retail transaction on all retail
20		transactions occurring in this State. The assessment on
21		subscribers of wireless carriers and consumers of prepaid
22		wireless telecommunications service shall not be imposed or
23		collected prior to June 1, 2016.
24		Sellers of prepaid wireless telecommunications service
25		shall remit the assessments to the Department of Revenue on the
26		same form and in the same manner which they remit the fee

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1		collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
2		the purposes of display on the consumers' receipts, the rates
3		of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
4		Act and the assessment under this Section may be combined. In
5		administration and enforcement of this Section, the provisions
6		of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
7		Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
8		Section 15 and subsections (c) and (e) of Section 20 of the
9		Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
10		(the effective date of Public Act 99-6), the seller shall be
11		permitted to deduct and retain 3% of the assessments that are
12		collected by the seller from consumers and that are remitted
13		and timely filed with the Department) that are not inconsistent
14		with this Section, shall apply, as far as practicable, to the
15		subject matter of this Section to the same extent as if those
16		provisions were included in this Section. The Department shall
17		deposit all assessments and penalties collected under this
18		Section into the Illinois Telecommunications Access
19		Corporation Fund, a special fund created in the State treasury.
20		On or before the 25th day of each calendar month, the
21		Department shall prepare and certify to the Comptroller the
22		amount available to the Commission for distribution out of the
23		Illinois Telecommunications Access Corporation Fund. The
24		amount certified shall be the amount (not including credit
25		memoranda) collected during the second preceding calendar
26		month by the Department, plus an amount the Department

SB1839 Enrolled - 109 - LRB100 06226 SMS 16261 b
1		determines is necessary to offset any amounts which were
2		erroneously paid to a different taxing body or fund. The amount
3		paid to the Illinois Telecommunications Access Corporation
4		Fund shall not include any amount equal to the amount of
5		refunds made during the second preceding calendar month by the
6		Department to retailers under this Section or any amount that
7		the Department determines is necessary to offset any amounts
8		which were payable to a different taxing body or fund but were
9		erroneously paid to the Illinois Telecommunications Access
10		Corporation Fund. The Commission shall distribute all the funds
11		to the Illinois Telecommunications Access Corporation and the
12		funds may only be used in accordance with the provisions of
13		this Section. The Department shall deduct 2% of all amounts
14		deposited in the Illinois Telecommunications Access
15		Corporation Fund during every year of remitted assessments. Of
16		the 2% deducted by the Department, one-half shall be
17		transferred into the Tax Compliance and Administration Fund to
18		reimburse the Department for its direct costs of administering
19		the collection and remittance of the assessment. The remaining
20		one-half shall be transferred into the Public Utility Fund to
21		reimburse the Commission for its costs of distributing to the
22		Illinois Telecommunications Access Corporation the amount
23		certified by the Department for distribution. The amount to be
24		charged or assessed under subsections (c) and (f) is not
25		imposed on a provider or the consumer for wireless Lifeline
26		service where the consumer does not pay the provider for the

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1		service. Where the consumer purchases from the provider
2		optional minutes, texts, or other services in addition to the
3		federally funded Lifeline benefit, a consumer must pay the
4		charge or assessment, and it must be collected by the seller
5		according to this subsection (f).
6		Interconnected VoIP services shall not be considered an
7		intrastate telecommunications service for the purposes of this
8		Section in a manner inconsistent with federal law or Federal
9		Communications Commission regulation.
10		(g) The provisions of this Section are severable under
11		Section 1.31 of the Statute on Statutes.
12		(h) The Commission may adopt rules necessary to implement
13		this Section.
14		(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
15		eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17;
16		revised 2-15-17.)
17		(220 ILCS 5/13-1200)
18		(Section scheduled to be repealed on July 1, 2017)
19		Sec. 13-1200. Repealer. This Article is repealed December
20		31, 2020 July 1, 2017.
21		(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
22		(220 ILCS 5/21-401)
23		(Section scheduled to be repealed on July 1, 2017)
24		Sec. 21-401. Applications.

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1		(a)(1) A person or entity seeking to provide cable service
2		or video service pursuant to this Article shall not use the
3		public rights-of-way for the installation or construction of
4		facilities for the provision of cable service or video service
5		or offer cable service or video service until it has obtained a
6		State-issued authorization to offer or provide cable or video
7		service under this Section, except as provided for in item (2)
8		of this subsection (a). All cable or video providers offering
9		or providing service in this State shall have authorization
10		pursuant to either (i) the Cable and Video Competition Law of
11		2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
12		Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
13		5-1095 of the Counties Code (55 ILCS 5/5-1095).
14		(2) Nothing in this Section shall prohibit a local unit of
15		government from granting a permit to a person or entity for the
16		use of the public rights-of-way to install or construct
17		facilities to provide cable service or video service, at its
18		sole discretion. No unit of local government shall be liable
19		for denial or delay of a permit prior to the issuance of a
20		State-issued authorization.
21		(b) The application to the Commission for State-issued
22		authorization shall contain a completed affidavit submitted by
23		the applicant and signed by an officer or general partner of
24		the applicant affirming all of the following:
25		(1) That the applicant has filed or will timely file
26		with the Federal Communications Commission all forms

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

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1		smaller than the service areas contained in its franchise
2		or franchises within the jurisdiction of the local unit of
3		government in which it seeks to offer cable or video
4		service.
5		(5) The location and telephone number of the
6		applicant's principal place of business within this State
7		and the names of the applicant's principal executive
8		officers who are responsible for communications concerning
9		the application and the services to be offered pursuant to
10		the application, the applicant's legal name, and any name
11		or names under which the applicant does or will provide
12		cable services or video services in this State.
13		(6) A certification that the applicant has
14		concurrently delivered a copy of the application to all
15		local units of government that include all or any part of
16		the service area identified in item (4) of this subsection
17		(b) within such local unit of government's jurisdictional
18		boundaries.
19		(7) The expected date that cable service or video
20		service will be initially offered in the area identified in
21		item (4) of this subsection (b). In the event that a holder
22		does not offer cable services or video services within 3
23		months after the expected date, it shall amend its
24		application and update the expected date service will be
25		offered and explain the delay in offering cable services or
26		video services.

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1		(8) For any entity that received State-issued
2		authorization prior to this amendatory Act of the 98th
3		General Assembly as a cable operator and that intends to
4		proceed as a cable operator under this Article, the entity
5		shall file a written affidavit with the Commission and
6		shall serve a copy of the affidavit with any local units of
7		government affected by the authorization within 30 days
8		after the effective date of this amendatory Act of the 98th
9		General Assembly stating that the holder will be providing
10		cable service under the State-issued authorization.
11		The application shall include adequate assurance that the
12		applicant possesses the financial, managerial, legal, and
13		technical qualifications necessary to construct and operate
14		the proposed system, to promptly repair any damage to the
15		public right-of-way caused by the applicant, and to pay the
16		cost of removal of its facilities. To accomplish these
17		requirements, the applicant may, at the time the applicant
18		seeks to use the public rights-of-way in that jurisdiction, be
19		required by the State of Illinois or later be required by the
20		local unit of government, or both, to post a bond, produce a
21		certificate of insurance, or otherwise demonstrate its
22		financial responsibility.
23		The application shall include the applicant's general
24		standards related to customer service required by Section
25		22-501 of this Act, which shall include, but not be limited to,
26		installation, disconnection, service and repair obligations;

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1		appointment hours; employee ID requirements; customer service
2		telephone numbers and hours; procedures for billing, charges,
3		deposits, refunds, and credits; procedures for termination of
4		service; notice of deletion of programming service and changes
5		related to transmission of programming or changes or increases
6		in rates; use and availability of parental control or lock-out
7		devices; complaint procedures and procedures for bill dispute
8		resolution and a description of the rights and remedies
9		available to consumers if the holder does not materially meet
10		their customer service standards; and special services for
11		customers with visual, hearing, or mobility disabilities.
12		(c)(1) The applicant may designate information that it
13		submits in its application or subsequent reports as
14		confidential or proprietary, provided that the applicant
15		states the reasons the confidential designation is necessary.
16		The Commission shall provide adequate protection for such
17		information pursuant to Section 4-404 of this Act. If the
18		Commission, a local unit of government, or any other party
19		seeks public disclosure of information designated as
20		confidential, the Commission shall consider the confidential
21		designation in a proceeding under the Illinois Administrative
22		Procedure Act, and the burden of proof to demonstrate that the
23		designated information is confidential shall be upon the
24		applicant. Designated information shall remain confidential
25		pending the Commission's determination of whether the
26		information is entitled to confidential treatment. Information

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1		designated as confidential shall be provided to local units of
2		government for purposes of assessing compliance with this
3		Article as permitted under a Protective Order issued by the
4		Commission pursuant to the Commission's rules and to the
5		Attorney General pursuant to Section 6.5 of the Attorney
6		General Act (15 ILCS 205/6.5). Information designated as
7		confidential under this Section or determined to be
8		confidential upon Commission review shall only be disclosed
9		pursuant to a valid and enforceable subpoena or court order or
10		as required by the Freedom of Information Act. Nothing herein
11		shall delay the application approval timeframes set forth in
12		this Article.
13		(2) Information regarding the location of video services
14		that have been or are being offered to the public and aggregate
15		information included in the reports required by this Article
16		shall not be designated or treated as confidential.
17		(d)(1) The Commission shall post all applications it
18		receives under this Article on its web site within 5 business
19		days.
20		(2) The Commission shall notify an applicant for a cable
21		service or video service authorization whether the applicant's
22		application and affidavit are complete on or before the 15th
23		business day after the applicant submits the application. If
24		the application and affidavit are not complete, the Commission
25		shall state in its notice all of the reasons the application or
26		affidavit are incomplete, and the applicant shall resubmit a

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1		complete application. The Commission shall have 30 days after
2		submission by the applicant of a complete application and
3		affidavit to issue the service authorization. If the Commission
4		does not notify the applicant regarding the completeness of the
5		application and affidavit or issue the service authorization
6		within the time periods required under this subsection, the
7		application and affidavit shall be considered complete and the
8		service authorization issued upon the expiration of the 30th
9		day.
10		(e) Any authorization issued by the Commission will expire
11		on December 31, 2023 2020 and shall contain or include all of
12		the following:
13		(1) A grant of authority, including an authorization
14		issued prior to this amendatory Act of the 98th General
15		Assembly, to provide cable service or video service in the
16		service area footprint as requested in the application,
17		subject to the provisions of this Article in existence on
18		the date the grant of authority was issued, and any
19		modifications to this Article enacted at any time prior to
20		the date in Section 21-1601 of this Act, and to the laws of
21		the State and the ordinances, rules, and regulations of the
22		local units of government.
23		(2) A grant of authority to use, occupy, and construct
24		facilities in the public rights-of-way for the delivery of
25		cable service or video service in the service area
26		footprint, subject to the laws, ordinances, rules, or

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1		regulations of this State and local units of governments.
2		(3) A statement that the grant of authority is subject
3		to lawful operation of the cable service or video service
4		by the applicant, its affiliated entities, or its
5		successors-in-interest.
6		(e-5) The Commission shall notify a local unit of
7		government within 3 business days of the grant of any
8		authorization within a service area footprint if that
9		authorization includes any part of the local unit of
10		government's jurisdictional boundaries and state whether the
11		holder will be providing video service or cable service under
12		the authorization.
13		(f) The authorization issued pursuant to this Section by
14		the Commission may be transferred to any successor-in-interest
15		to the applicant to which it is initially granted without
16		further Commission action if the successor-in-interest (i)
17		submits an application and the information required by
18		subsection (b) of this Section for the successor-in-interest
19		and (ii) is not in violation of this Article or of any federal,
20		State, or local law, ordinance, rule, or regulation. A
21		successor-in-interest shall file its application and notice of
22		transfer with the Commission and the relevant local units of
23		government no less than 15 business days prior to the
24		completion of the transfer. The Commission is not required or
25		authorized to act upon the notice of transfer; however, the
26		transfer is not effective until the Commission approves the

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1		successor-in-interest's application. A local unit of
2		government or the Attorney General may seek to bar a transfer
3		of ownership by filing suit in a court of competent
4		jurisdiction predicated on the existence of a material and
5		continuing breach of this Article by the holder, a pattern of
6		noncompliance with customer service standards by the potential
7		successor-in-interest, or the insolvency of the potential
8		successor-in-interest. If a transfer is made when there are
9		violations of this Article or of any federal, State, or local
10		law, ordinance, rule, or regulation, the successor-in-interest
11		shall be subject to 3 times the penalties provided for in this
12		Article.
13		(g) The authorization issued pursuant to this Section by
14		the Commission may be terminated, or its cable service or video
15		service area footprint may be modified, by the cable service
16		provider or video service provider by submitting notice to the
17		Commission and to the relevant local unit of government
18		containing a description of the change on the same terms as the
19		initial description pursuant to item (4) of subsection (b) of
20		this Section. The Commission is not required or authorized to
21		act upon that notice. It shall be a violation of this Article
22		for a holder to discriminate against potential residential
23		subscribers because of the race or income of the residents in
24		the local area in which the group resides by terminating or
25		modifying its cable service or video service area footprint. It
26		shall be a violation of this Article for a holder to terminate

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1		or modify its cable service or video service area footprint if
2		it leaves an area with no cable service or video service from
3		any provider.
4		(h) The Commission's authority to administer this Article
5		is limited to the powers and duties explicitly provided under
6		this Article. Its authority under this Article does not include
7		or limit the powers and duties that the Commission has under
8		the other Articles of this Act, the Illinois Administrative
9		Procedure Act, or any other law or regulation to conduct
10		proceedings, other than as provided in subsection (c), or has
11		to promulgate rules or regulations. The Commission shall not
12		have the authority to limit or expand the obligations and
13		requirements provided in this Section or to regulate or control
14		a person or entity to the extent that person or entity is
15		providing cable service or video service, except as provided in
16		this Article.
17		(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
18		eff. 6-29-15.)
19		(220 ILCS 5/21-1601)
20		Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
21		this Article are repealed December 31, 2020 July 1, 2017.
22		(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
23		Section 99. Effective date. This Act takes effect upon
24		becoming law.