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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Emergency Telephone System Act is amended
5 by changing Sections 15.3 and 15.3a as follows:
6 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
7 (Section scheduled to be repealed on December 31, 2025)
8 Sec. 15.3. Local non-wireless surcharge.
9 (a) Except as provided in subsection (l) of this Section,
10 the corporate authorities of any municipality or any county
11 may, subject to the limitations of subsections (c), (d), and
12 (h), and in addition to any tax levied pursuant to the
13 Simplified Municipal Telecommunications Tax Act, impose a
14 monthly surcharge on billed subscribers of network connection
15 provided by telecommunication carriers engaged in the business
16 of transmitting messages by means of electricity originating
17 within the corporate limits of the municipality or county
18 imposing the surcharge at a rate per network connection
19 determined in accordance with subsection (c), however the
20 monthly surcharge shall not apply to a network connection
21 provided for use with pay telephone services. Provided,
22 however, that where multiple voice grade communications
23 channels are connected between the subscriber's premises and a
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1 public switched network through private branch exchange (PBX)
2 or centrex type service, a municipality imposing a surcharge
3 at a rate per network connection, as determined in accordance
4 with this Act, shall impose:
5 (i) in a municipality with a population of 500,000 or
6 less or in any county, 5 such surcharges per network
7 connection, as defined under Section 2 of this Act, for
8 both regular service and advanced service provisioned
9 trunk lines;
10 (ii) in a municipality with a population, prior to
11 March 1, 2010, of 500,000 or more, 5 surcharges per
12 network connection, as defined under Section 2 of this
13 Act, for both regular service and advanced service
14 provisioned trunk lines;
15 (iii) in a municipality with a population, as of March
16 1, 2010, of 500,000 or more, 5 surcharges per network
17 connection, as defined under Section 2 of this Act, for
18 regular service provisioned trunk lines, and 12 surcharges
19 per network connection, as defined under Section 2 of this
20 Act, for advanced service provisioned trunk lines, except
21 where an advanced service provisioned trunk line supports
22 at least 2 but fewer than 23 simultaneous voice grade
23 calls ("VGC's"), a telecommunication carrier may elect to
24 impose fewer than 12 surcharges per trunk line as provided
25 in subsection (iv) of this Section; or
26 (iv) for an advanced service provisioned trunk line
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1 connected between the subscriber's premises and the public
2 switched network through a P.B.X., where the advanced
3 service provisioned trunk line is capable of transporting
4 at least 2 but fewer than 23 simultaneous VGC's per trunk
5 line, the telecommunications carrier collecting the
6 surcharge may elect to impose surcharges in accordance
7 with the table provided in this Section, without limiting
8 any telecommunications carrier's obligations to otherwise
9 keep and maintain records. Any telecommunications carrier
10 electing to impose fewer than 12 surcharges per an
11 advanced service provisioned trunk line shall keep and
12 maintain records adequately to demonstrate the VGC
13 capability of each advanced service provisioned trunk line
14 with fewer than 12 surcharges imposed, provided that 12
15 surcharges shall be imposed on an advanced service
16 provisioned trunk line regardless of the VGC capability
17 where a telecommunications carrier cannot demonstrate the
18 VGC capability of the advanced service provisioned trunk
19 line.
20Facility VGC's 911 Surcharges 21Advanced service provisioned trunk line 18-23 12 22Advanced service provisioned trunk line 12-17 10 23Advanced service provisioned trunk line 2-11 8 20 Facility VGC's 911 Surcharges 21 Advanced service provisioned trunk line 18-23 12 22 Advanced service provisioned trunk line 12-17 10 23 Advanced service provisioned trunk line 2-11 8
20 Facility VGC's 911 Surcharges
21 Advanced service provisioned trunk line 18-23 12
22 Advanced service provisioned trunk line 12-17 10
23 Advanced service provisioned trunk line 2-11 8
24 Subsections (i), (ii), (iii), and (iv) are not intended to
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20 Facility VGC's 911 Surcharges
21 Advanced service provisioned trunk line 18-23 12
22 Advanced service provisioned trunk line 12-17 10
23 Advanced service provisioned trunk line 2-11 8
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1 make any change in the meaning of this Section, but are
2 intended to remove possible ambiguity, thereby confirming the
3 intent of paragraph (a) as it existed prior to and following
4 the effective date of this amendatory Act of the 97th General
5 Assembly.
6 For mobile telecommunications services, if a surcharge is
7 imposed it shall be imposed based upon the municipality or
8 county that encompasses the customer's place of primary use as
9 defined in the Mobile Telecommunications Sourcing Conformity
10 Act. A municipality may enter into an intergovernmental
11 agreement with any county in which it is partially located,
12 when the county has adopted an ordinance to impose a surcharge
13 as provided in subsection (c), to include that portion of the
14 municipality lying outside the county in that county's
15 surcharge referendum. If the county's surcharge referendum is
16 approved, the portion of the municipality identified in the
17 intergovernmental agreement shall automatically be
18 disconnected from the county in which it lies and connected to
19 the county which approved the referendum for purposes of a
20 surcharge on telecommunications carriers.
21 (b) For purposes of computing the surcharge imposed by
22 subsection (a), the network connections to which the surcharge
23 shall apply shall be those in-service network connections,
24 other than those network connections assigned to the
25 municipality or county, where the service address for each
26 such network connection or connections is located within the
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1 corporate limits of the municipality or county levying the
2 surcharge. Except for mobile telecommunication services, the
3 "service address" shall mean the location of the primary use
4 of the network connection or connections. For mobile
5 telecommunication services, "service address" means the
6 customer's place of primary use as defined in the Mobile
7 Telecommunications Sourcing Conformity Act.
8 (c) Upon the passage of an ordinance to impose a surcharge
9 under this Section the clerk of the municipality or county
10 shall certify the question of whether the surcharge may be
11 imposed to the proper election authority who shall submit the
12 public question to the electors of the municipality or county
13 in accordance with the general election law; provided that
14 such question shall not be submitted at a consolidated primary
15 election. The public question shall be in substantially the
16 following form:
17 ----------------------------------------------
18 Shall the county (or city, village
19 or incorporated town) of ..... impose YES
20 a surcharge of up to ... per month per
21 network connection, which surcharge will
22 be added to the monthly bill you receive ------------------
23 for telephone or telecommunications
24 charges, for the purpose of installing
25 (or improving) a 9-1-1 Emergency NO
26 Telephone System?
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1 -------------------------------------------------------------
2 If a majority of the votes cast upon the public question
3 are in favor thereof, the surcharge shall be imposed.
4 However, if a Joint Emergency Telephone System Board is to
5 be created pursuant to an intergovernmental agreement under
6 Section 15.4, the ordinance to impose the surcharge shall be
7 subject to the approval of a majority of the total number of
8 votes cast upon the public question by the electors of all of
9 the municipalities or counties, or combination thereof, that
10 are parties to the intergovernmental agreement.
11 The referendum requirement of this subsection (c) shall
12 not apply to any municipality with a population over 500,000
13 or to any county in which a proposition as to whether a
14 sophisticated 9-1-1 Emergency Telephone System should be
15 installed in the county, at a cost not to exceed a specified
16 monthly amount per network connection, has previously been
17 approved by a majority of the electors of the county voting on
18 the proposition at an election conducted before the effective
19 date of this amendatory Act of 1987.
20 (d) A county may not impose a surcharge, unless requested
21 by a municipality, in any incorporated area which has
22 previously approved a surcharge as provided in subsection (c)
23 or in any incorporated area where the corporate authorities of
24 the municipality have previously entered into a binding
25 contract or letter of intent with a telecommunications carrier
26 to provide sophisticated 9-1-1 service through municipal
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1 funds.
2 (e) A municipality or county may at any time by ordinance
3 change the rate of the surcharge imposed under this Section if
4 the new rate does not exceed the rate specified in the
5 referendum held pursuant to subsection (c).
6 (f) The surcharge authorized by this Section shall be
7 collected from the subscriber by the telecommunications
8 carrier providing the subscriber the network connection as a
9 separately stated item on the subscriber's bill.
10 (g) The amount of surcharge collected by the
11 telecommunications carrier shall be paid to the particular
12 municipality or county or Joint Emergency Telephone System
13 Board not later than 30 days after the surcharge is collected,
14 net of any network or other 9-1-1 or sophisticated 9-1-1
15 system charges then due the particular telecommunications
16 carrier, as shown on an itemized bill. The telecommunications
17 carrier collecting the surcharge shall also be entitled to
18 deduct 3% of the gross amount of surcharge collected to
19 reimburse the telecommunications carrier for the expense of
20 accounting and collecting the surcharge.
21 (h) Except as expressly provided in subsection (a) of this
22 Section, on or after the effective date of this amendatory Act
23 of the 98th General Assembly and until December 31, 2017, a
24 municipality with a population of 500,000 or more shall not
25 impose a monthly surcharge per network connection in excess of
26 the highest monthly surcharge imposed as of January 1, 2014 by
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1 any county or municipality under subsection (c) of this
2 Section. Beginning January 1, 2018 and until December 31, 2027
3 December 31, 2025, a municipality with a population over
4 500,000 may not impose a monthly surcharge in excess of $5.00
5 per network connection. On or after January 1, 2028 January 1,
6 2026, a municipality with a population over 500,000 may not
7 impose a monthly surcharge in excess of $2.50 per network
8 connection.
9 (i) Any municipality or county or joint emergency
10 telephone system board that has imposed a surcharge pursuant
11 to this Section prior to the effective date of this amendatory
12 Act of 1990 shall hereafter impose the surcharge in accordance
13 with subsection (b) of this Section.
14 (j) The corporate authorities of any municipality or
15 county may issue, in accordance with Illinois law, bonds,
16 notes or other obligations secured in whole or in part by the
17 proceeds of the surcharge described in this Section. The State
18 of Illinois pledges and agrees that it will not limit or alter
19 the rights and powers vested in municipalities and counties by
20 this Section to impose the surcharge so as to impair the terms
21 of or affect the security for bonds, notes or other
22 obligations secured in whole or in part with the proceeds of
23 the surcharge described in this Section. The pledge and
24 agreement set forth in this Section survive the termination of
25 the surcharge under subsection (l) by virtue of the
26 replacement of the surcharge monies guaranteed under Section
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1 20; the State of Illinois pledges and agrees that it will not
2 limit or alter the rights vested in municipalities and
3 counties to the surcharge replacement funds guaranteed under
4 Section 20 so as to impair the terms of or affect the security
5 for bonds, notes or other obligations secured in whole or in
6 part with the proceeds of the surcharge described in this
7 Section.
8 (k) Any surcharge collected by or imposed on a
9 telecommunications carrier pursuant to this Section shall be
10 held to be a special fund in trust for the municipality, county
11 or Joint Emergency Telephone Board imposing the surcharge.
12 Except for the 3% deduction provided in subsection (g) above,
13 the special fund shall not be subject to the claims of
14 creditors of the telecommunication carrier.
15 (l) Any surcharge imposed pursuant to this Section by a
16 county or municipality, other than a municipality with a
17 population in excess of 500,000, shall cease to be imposed on
18 January 1, 2016.
19 (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)
20 (50 ILCS 750/15.3a)
21 (Section scheduled to be repealed on December 31, 2025)
22 Sec. 15.3a. Local wireless surcharge.
23 (a) Notwithstanding any other provision of this Act, a
24 unit of local government or emergency telephone system board
25 providing wireless 9-1-1 service and imposing and collecting a
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1 wireless carrier surcharge prior to July 1, 1998 may continue
2 its practices of imposing and collecting its wireless carrier
3 surcharge, but, except as provided in subsection (b) of this
4 Section, in no event shall that monthly surcharge exceed $2.50
5 per commercial mobile radio service (CMRS) connection or
6 in-service telephone number billed on a monthly basis. For
7 mobile telecommunications services provided on and after
8 August 1, 2002, any surcharge imposed shall be imposed based
9 upon the municipality or county that encompasses the
10 customer's place of primary use as defined in the Mobile
11 Telecommunications Sourcing Conformity Act.
12 (b) Until December 31, 2017, the corporate authorities of
13 a municipality with a population in excess of 500,000 on the
14 effective date of this amendatory Act of the 99th General
15 Assembly may by ordinance continue to impose and collect a
16 monthly surcharge per commercial mobile radio service (CMRS)
17 connection or in-service telephone number billed on a monthly
18 basis that does not exceed the highest monthly surcharge
19 imposed as of January 1, 2014 by any county or municipality
20 under subsection (c) of Section 15.3 of this Act. Beginning
21 January 1, 2018, and until December 31, 2027 December 31,
22 2025, a municipality with a population in excess of 500,000
23 may by ordinance continue to impose and collect a monthly
24 surcharge per commercial mobile radio service (CMRS)
25 connection or in-service telephone number billed on a monthly
26 basis that does not exceed $5.00. On or after January 1, 2028
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1 January 1, 2026, the municipality may continue imposing and
2 collecting its wireless carrier surcharge as provided in and
3 subject to the limitations of subsection (a) of this Section.
4 (c) In addition to any other lawful purpose, a
5 municipality with a population over 500,000 may use the moneys
6 collected under this Section for any anti-terrorism or
7 emergency preparedness measures, including, but not limited
8 to, preparedness planning, providing local matching funds for
9 federal or State grants, personnel training, and specialized
10 equipment, including surveillance cameras, as needed to deal
11 with natural and terrorist-inspired emergency situations or
12 events.
13 (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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