Bill Text: IL HB0477 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Health Facilities Planning Act. Creates the South Suburban Trauma Center Fund. Provides for the construction of a south suburban trauma center. Provides that the Health Facilities Review Board, in consultation with the Department of Public Health, shall select a provider to operate and provide healthcare services to the trauma center. Amends the Emergency Telephone System Act. Provides that from July 1, 2017 through June 30, 2027, all surcharges shall be increased by $0.02 to be deposited into the South Suburban Trauma Center Fund. Extends the repeal date for the Act. Amends the Toll Highway Act. From July 1, 2017 through June 30, 2027, imposes a $1 surcharge at the toll booth known as Plaza 47 to be deposited into the South Suburban Trauma Center Fund. Makes conforming changes to the State Finance Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB0477 Detail]

Download: Illinois-2017-HB0477-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0477

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:
20 ILCS 3960/20 new
30 ILCS 105/5.878 new
50 ILCS 750/15.3 from Ch. 134, par. 45.3
50 ILCS 750/99
605 ILCS 10/40 new

Amends the Illinois Health Facilities Planning Act. Creates the South Suburban Trauma Center Fund. Provides for the construction of a south suburban trauma center. Provides that the Health Facilities Review Board, in consultation with the Department of Public Health, shall select a provider to operate and provide healthcare services to the trauma center. Amends the Emergency Telephone System Act. Provides that from July 1, 2017 through June 30, 2027, all surcharges shall be increased by $0.02 to be deposited into the South Suburban Trauma Center Fund. Extends the repeal date for the Act. Amends the Toll Highway Act. From July 1, 2017 through June 30, 2027, imposes a $1 surcharge at the toll booth known as Plaza 47 to be deposited into the South Suburban Trauma Center Fund. Makes conforming changes to the State Finance Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Health Facilities Planning Act is
5amended by adding Section 20 as follows:
6 (20 ILCS 3960/20 new)
7 Sec. 20. South Suburban Trauma Center.
8 (a) There is created in the State Treasury a special fund
9known as the South Suburban Trauma Center Fund. The Fund shall
10receive revenue under Section 15.3 of the Emergency Telephone
11System Act and Section 40 of the Toll Highway Act.
12 (b) The Board, in consultation with the Department of
13Public Health, shall do each of the following:
14 (1) Designate the location of a south suburban trauma
15 center to be constructed using the funds collected and
16 deposited into the South Suburban Trauma Center Fund.
17 (2) Select the provider that shall operate and provide
18 healthcare services to the trauma center and enter into an
19 operational agreement with that provider that specifies
20 the terms of how the trauma center is to be run and
21 maintained.
22 (3) Determine the sources of revenue to maintain the
23 trauma center.

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1 Section 10. The State Finance Act is amended by adding
2Section 5.878 as follows:
3 (30 ILCS 105/5.878 new)
4 Sec. 5.878. The South Suburban Trauma Center Fund.
5 Section 15. The Emergency Telephone System Act is amended
6by changing Sections 15.3 and 99 as follows:
7 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
8 (Section scheduled to be repealed on July 1, 2017)
9 Sec. 15.3. Local non-wireless surcharge.
10 (a) Except as provided in subsection (l) of this Section,
11the corporate authorities of any municipality or any county
12may, subject to the limitations of subsections (c), (d), and
13(h), and in addition to any tax levied pursuant to the
14Simplified Municipal Telecommunications Tax Act, impose a
15monthly surcharge on billed subscribers of network connection
16provided by telecommunication carriers engaged in the business
17of transmitting messages by means of electricity originating
18within the corporate limits of the municipality or county
19imposing the surcharge at a rate per network connection
20determined in accordance with subsection (c), however the
21monthly surcharge shall not apply to a network connection
22provided for use with pay telephone services. Provided,

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1however, that where multiple voice grade communications
2channels are connected between the subscriber's premises and a
3public switched network through private branch exchange (PBX)
4or centrex type service, a municipality imposing a surcharge at
5a rate per network connection, as determined in accordance with
6this Act, shall impose:
7 (i) in a municipality with a population of 500,000 or
8 less or in any county, 5 such surcharges per network
9 connection, as determined in accordance with subsections
10 (a) and (d) of Section 2.12 of this Act, for both regular
11 service and advanced service provisioned trunk lines;
12 (ii) in a municipality with a population, prior to
13 March 1, 2010, of 500,000 or more, 5 surcharges per network
14 connection, as determined in accordance with subsections
15 (a) and (d) of Section 2.12 of this Act, for both regular
16 service and advanced service provisioned trunk lines;
17 (iii) in a municipality with a population, as of March
18 1, 2010, of 500,000 or more, 5 surcharges per network
19 connection, as determined in accordance with subsections
20 (a) and (d) of Section 2.12 of this Act, for regular
21 service provisioned trunk lines, and 12 surcharges per
22 network connection, as determined in accordance with
23 subsections (a) and (d) of Section 2.12 of this Act, for
24 advanced service provisioned trunk lines, except where an
25 advanced service provisioned trunk line supports at least 2
26 but fewer than 23 simultaneous voice grade calls ("VGC's"),

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1 a telecommunication carrier may elect to impose fewer than
2 12 surcharges per trunk line as provided in subsection (iv)
3 of this Section; or
4 (iv) for an advanced service provisioned trunk line
5 connected between the subscriber's premises and the public
6 switched network through a P.B.X., where the advanced
7 service provisioned trunk line is capable of transporting
8 at least 2 but fewer than 23 simultaneous VGC's per trunk
9 line, the telecommunications carrier collecting the
10 surcharge may elect to impose surcharges in accordance with
11 the table provided in this Section, without limiting any
12 telecommunications carrier's obligations to otherwise keep
13 and maintain records. Any telecommunications carrier
14 electing to impose fewer than 12 surcharges per an advanced
15 service provisioned trunk line shall keep and maintain
16 records adequately to demonstrate the VGC capability of
17 each advanced service provisioned trunk line with fewer
18 than 12 surcharges imposed, provided that 12 surcharges
19 shall be imposed on an advanced service provisioned trunk
20 line regardless of the VGC capability where a
21 telecommunications carrier cannot demonstrate the VGC
22 capability of the advanced service provisioned trunk line.
23Facility VGC's 911 Surcharges
24Advanced service provisioned trunk line 18-23 12
25Advanced service provisioned trunk line 12-17 10

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1Advanced service provisioned trunk line 2-11 8
2 Subsections (i), (ii), (iii), and (iv) are not intended to
3make any change in the meaning of this Section, but are
4intended to remove possible ambiguity, thereby confirming the
5intent of paragraph (a) as it existed prior to and following
6the effective date of this amendatory Act of the 97th General
7Assembly.
8 For mobile telecommunications services, if a surcharge is
9imposed it shall be imposed based upon the municipality or
10county that encompasses the customer's place of primary use as
11defined in the Mobile Telecommunications Sourcing Conformity
12Act. A municipality may enter into an intergovernmental
13agreement with any county in which it is partially located,
14when the county has adopted an ordinance to impose a surcharge
15as provided in subsection (c), to include that portion of the
16municipality lying outside the county in that county's
17surcharge referendum. If the county's surcharge referendum is
18approved, the portion of the municipality identified in the
19intergovernmental agreement shall automatically be
20disconnected from the county in which it lies and connected to
21the county which approved the referendum for purposes of a
22surcharge on telecommunications carriers.
23 (b) For purposes of computing the surcharge imposed by
24subsection (a), the network connections to which the surcharge
25shall apply shall be those in-service network connections,

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1other than those network connections assigned to the
2municipality or county, where the service address for each such
3network connection or connections is located within the
4corporate limits of the municipality or county levying the
5surcharge. Except for mobile telecommunication services, the
6"service address" shall mean the location of the primary use of
7the network connection or connections. For mobile
8telecommunication services, "service address" means the
9customer's place of primary use as defined in the Mobile
10Telecommunications Sourcing Conformity Act.
11 (c) Upon the passage of an ordinance to impose a surcharge
12under this Section the clerk of the municipality or county
13shall certify the question of whether the surcharge may be
14imposed to the proper election authority who shall submit the
15public question to the electors of the municipality or county
16in accordance with the general election law; provided that such
17question shall not be submitted at a consolidated primary
18election. The public question shall be in substantially the
19following form:
20-------------------------------------------------------------
21 Shall the county (or city, village
22or incorporated town) of ..... impose YES
23a surcharge of up to ...˘ per month per
24network connection, which surcharge will
25be added to the monthly bill you receive ------------------
26for telephone or telecommunications

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1charges, for the purpose of installing
2(or improving) a 9-1-1 Emergency NO
3Telephone System?
4-------------------------------------------------------------
5 If a majority of the votes cast upon the public question
6are in favor thereof, the surcharge shall be imposed.
7 However, if a Joint Emergency Telephone System Board is to
8be created pursuant to an intergovernmental agreement under
9Section 15.4, the ordinance to impose the surcharge shall be
10subject to the approval of a majority of the total number of
11votes cast upon the public question by the electors of all of
12the municipalities or counties, or combination thereof, that
13are parties to the intergovernmental agreement.
14 The referendum requirement of this subsection (c) shall not
15apply to any municipality with a population over 500,000 or to
16any county in which a proposition as to whether a sophisticated
179-1-1 Emergency Telephone System should be installed in the
18county, at a cost not to exceed a specified monthly amount per
19network connection, has previously been approved by a majority
20of the electors of the county voting on the proposition at an
21election conducted before the effective date of this amendatory
22Act of 1987.
23 (d) A county may not impose a surcharge, unless requested
24by a municipality, in any incorporated area which has
25previously approved a surcharge as provided in subsection (c)
26or in any incorporated area where the corporate authorities of

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1the municipality have previously entered into a binding
2contract or letter of intent with a telecommunications carrier
3to provide sophisticated 9-1-1 service through municipal
4funds.
5 (e) A municipality or county may at any time by ordinance
6change the rate of the surcharge imposed under this Section if
7the new rate does not exceed the rate specified in the
8referendum held pursuant to subsection (c).
9 (f) The surcharge authorized by this Section shall be
10collected from the subscriber by the telecommunications
11carrier providing the subscriber the network connection as a
12separately stated item on the subscriber's bill.
13 (g) The amount of surcharge collected by the
14telecommunications carrier shall be paid to the particular
15municipality or county or Joint Emergency Telephone System
16Board not later than 30 days after the surcharge is collected,
17net of any network or other 9-1-1 or sophisticated 9-1-1 system
18charges then due the particular telecommunications carrier, as
19shown on an itemized bill. The telecommunications carrier
20collecting the surcharge shall also be entitled to deduct 3% of
21the gross amount of surcharge collected to reimburse the
22telecommunications carrier for the expense of accounting and
23collecting the surcharge.
24 (h) Except as expressly provided in subsection (a) of this
25Section, on or after the effective date of this amendatory Act
26of the 98th General Assembly and until July 1, 2017, a

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1municipality with a population of 500,000 or more shall not
2impose a monthly surcharge per network connection in excess of
3the highest monthly surcharge imposed as of January 1, 2014 by
4any county or municipality under subsection (c) of this
5Section. Except as otherwise provided under subsection (m), on
6On or after July 1, 2017, a municipality with a population over
7500,000 may not impose a monthly surcharge in excess of $2.50
8per network connection.
9 (i) Any municipality or county or joint emergency telephone
10system board that has imposed a surcharge pursuant to this
11Section prior to the effective date of this amendatory Act of
121990 shall hereafter impose the surcharge in accordance with
13subsection (b) of this Section.
14 (j) The corporate authorities of any municipality or county
15may issue, in accordance with Illinois law, bonds, notes or
16other obligations secured in whole or in part by the proceeds
17of the surcharge described in this Section. The State of
18Illinois pledges and agrees that it will not limit or alter the
19rights and powers vested in municipalities and counties by this
20Section to impose the surcharge so as to impair the terms of or
21affect the security for bonds, notes or other obligations
22secured in whole or in part with the proceeds of the surcharge
23described in this Section. The pledge and agreement set forth
24in this Section survive the termination of the surcharge under
25subsection (l) by virtue of the replacement of the surcharge
26monies guaranteed under Section 20; the State of Illinois

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1pledges and agrees that it will not limit or alter the rights
2vested in municipalities and counties to the surcharge
3replacement funds guaranteed under Section 20 so as to impair
4the terms of or affect the security for bonds, notes or other
5obligations secured in whole or in part with the proceeds of
6the surcharge described in this Section.
7 (k) Any surcharge collected by or imposed on a
8telecommunications carrier pursuant to this Section shall be
9held to be a special fund in trust for the municipality, county
10or Joint Emergency Telephone Board imposing the surcharge.
11Except for the 3% deduction provided in subsection (g) above,
12the special fund shall not be subject to the claims of
13creditors of the telecommunication carrier.
14 (l) On and after the effective date of this amendatory Act
15of the 99th General Assembly, no county or municipality, other
16than a municipality with a population over 500,000, may impose
17a monthly surcharge under this Section in excess of the amount
18imposed by it on the effective date of this Act. Any surcharge
19imposed pursuant to this Section by a county or municipality,
20other than a municipality with a population in excess of
21500,000, shall cease to be imposed on January 1, 2016.
22 (m) Notwithstanding any other provision of this Act to the
23contrary, from July 1, 2017 until June 30, 2027, a municipality
24that has imposed a surcharge under this Section shall increase
25the amount of that surcharge by $0.02. Surcharges collected and
26remitted under this subsection shall be deposited into the

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1South Suburban Trauma Center Fund.
2(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
3 (50 ILCS 750/99)
4 (Section scheduled to be repealed on July 1, 2017)
5 Sec. 99. Repealer. This Act is repealed on December 31,
62027 July 1, 2017.
7(Source: P.A. 99-6, eff. 6-29-15.)
8 Section 20. The Toll Highway Act is amended by adding
9Section 40 as follows:
10 (605 ILCS 10/40 new)
11 Sec. 40. Use of certain toll revenue.
12 (a) From July 1, 2017 through June 30, 2027, there shall be
13a $1 surcharge at the toll plaza known as Plaza 47 to be
14collected and deposited into the South Suburban Trauma Center
15Fund.
16 (b) This Section is repealed on December 31, 2027.
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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