2005 Illinois Code - Chapter 50 Local Government 50 ILCS 751/ Wireless Emergency Telephone Safety Act.
(50 ILCS 751/1) (Section scheduled to be repealed on April 1, 2008) Sec. 1. Short title. This Act may be cited as the Wireless Emergency Telephone Safety Act. (Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/5) (Section scheduled to be repealed on April 1, 2008) Sec. 5. Purpose. The General Assembly finds and declares it is in the
public interest to promote the use of wireless 9‑1‑1 and wireless enhanced
9‑1‑1 (E9‑1‑1) service in order to save lives and protect the property of the
citizens of the State of Illinois. Wireless carriers are required by the Federal Communications Commission (FCC)
to provide E9‑1‑1 service in the form of automatic location identification and
automatic number identification pursuant to policies set forth by the FCC. Public safety agencies and wireless
carriers are encouraged to work together to provide emergency access to
wireless 9‑1‑1 and
wireless E9‑1‑1 service. Public safety agencies and wireless
carriers operating wireless 9‑1‑1 and wireless E9‑1‑1 systems require adequate
funding to
recover the costs of designing, purchasing, installing, testing, and operating
enhanced facilities,
systems, and services necessary to comply with the wireless E9‑1‑1 requirements
mandated by
the Federal Communications Commission and to maximize the availability of
wireless E9‑1‑1 services throughout
the State of
Illinois. The revenues generated by the wireless carrier surcharge enacted by this Act
are
required to fund the efforts of the wireless carriers, emergency telephone
system boards,
qualified governmental entities, and the Department of State Police to improve
the public health,
safety, and welfare and to serve a public purpose by providing emergency
telephone
assistance
through wireless communications. It is the intent of the General Assembly to: (1) establish and implement a cohesive statewide
emergency telephone number that will provide wireless telephone users with rapid direct access to public safety agencies by dialing the telephone number 9‑1‑1;
(2) encourage wireless carriers and public safety
agencies to provide E9‑1‑1 services that will assist public safety agencies in determining the caller's approximate location and wireless telephone number;
(3) grant authority to public safety agencies not
already in possession of the authority to finance the cost of installing and operating wireless 9‑1‑1 systems and reimbursing wireless carriers for costs incurred to provide wireless E9‑1‑1 services; and
(4) provide for a reasonable fee on wireless
telephone service subscribers to accomplish these purposes.
(Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/10) (Section scheduled to be repealed on April 1, 2008) Sec. 10. Definitions. In this Act: "Active prepaid wireless telephone" means a prepaid wireless telephone
that has been used or activated by the customer during the month to complete a
telephone call for which the customer's card or account was decremented. "Emergency telephone system board"
means a board appointed by the corporate authorities of any county or
municipality that provides
for the management and operation of a 9‑1‑1 system within the scope of the
duties and powers
prescribed by the Emergency Telephone System Act. "Master street address guide" means the computerized geographical database
that consists of all street and address data within a 9‑1‑1 system. "Mobile telephone number" or "MTN" shall mean the telephone number
assigned to a wireless telephone at the time of initial activation. "Prepaid wireless telephone service" means wireless telephone service
which is activated by payment in advance of a finite dollar amount or for a
finite set of minutes and which, unless an additional finite dollar amount or
finite set of minutes is paid in advance, terminates either (i) upon
use by a customer and delivery by the wireless carrier of an agreed‑upon amount
of service corresponding to the total dollar amount paid in advance, or within
a certain period of time following initial purchase or activation. "Public safety agency" means a functional division of a public agency that
provides fire fighting, police, medical, or other emergency services. For the
purpose of providing wireless service to users of 9‑1‑1 emergency services, as
expressly provided for in this Act, the Department of State Police may be
considered a public safety agency. "Qualified governmental entity"
means a unit of local government authorized to provide 9‑1‑1 services
pursuant to the Emergency Telephone System Act where no emergency telephone
system board exists. "Statewide wireless emergency 9‑1‑1 system" means all areas of the State
where an emergency telephone system board or, in the absence of an emergency
telephone system board, a qualified governmental entity has not declared its
intention for one or more of its public safety answering points to serve as a
primary wireless 9‑1‑1 public safety answering point for its jurisdiction.
The operator of the statewide wireless emergency 9‑1‑1 system shall be the
Department of State Police. "Sufficient positive balance" means a dollar amount greater than or equal
to the monthly wireless 9‑1‑1 surcharge amount. "Wireless carrier" means a provider of two‑way cellular, broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial Mobile Radio Service (CMRS),
Wireless Communications Service (WCS), or other Commercial Mobile Radio Service
(CMRS), as defined by the Federal Communications Commission, offering radio
communications that may provide fixed, mobile, radio location, or satellite
communication services to individuals or businesses within its assigned
spectrum block and geographical area or that offers real‑time, two‑way voice
service that is interconnected with the public switched network, including a
reseller of such service. "Wireless enhanced 9‑1‑1" means the ability to relay the telephone number
of the originator of a 9‑1‑1 call and location information from any mobile handset or text telephone
device accessing the wireless system to the designated wireless public safety
answering point as set forth in the order of the Federal Communications
Commission, FCC Docket No. 94‑102, adopted June 12, 1996, with an effective
date of October 1, 1996, and any subsequent amendment thereto. "Wireless public safety answering point" means the functional division of
an emergency telephone system board, qualified governmental entity, or the
Department of State Police accepting wireless 9‑1‑1 calls. "Wireless subscriber" means an individual or entity to whom a wireless
service account or number has been assigned by a wireless carrier. "Wireless telephone service" includes prepaid wireless telephone service
and means all "commercial mobile service", as that term is defined in 47 CFR
20.3, including all personal communications services, wireless radio telephone
services, geographic area specialized and enhanced specialized mobile radio
services, and incumbent wide area specialized mobile radio licensees that offer
real time, two‑way service that is interconnected with the public switched
telephone network. (Source: P.A. 93‑507, eff. 1‑1‑04.)
(50 ILCS 751/15) (Section scheduled to be repealed on April 1, 2008) Sec. 15. Wireless emergency 9‑1‑1 service. The digits "9‑1‑1" shall be
the designated emergency telephone number within the wireless system. (a) Standards.
The Illinois Commerce Commission may set non‑discriminatory, uniform
technical and operational standards consistent with the rules of the Federal
Communications Commission for directing calls to authorized public safety
answering points. These standards shall not in any way prescribe the
technology or manner a wireless carrier shall use to deliver wireless 9‑1‑1 or
wireless E9‑1‑1 calls and these standards shall not exceed the requirements set
by the Federal Communications Commission. However, standards for directing
calls to the authorized public safety answering point shall be included. The
authority given to the Illinois Commerce Commission in this Section is limited
to setting standards as set forth herein and does not constitute authority to
regulate wireless carriers. (b) Wireless public safety answering points.
For the purpose of providing wireless 9‑1‑1 emergency services, an emergency
telephone system board or, in the absence of an emergency telephone system
board, a qualified governmental entity may declare its intention for one or
more of its public safety answering points to serve as a primary wireless 9‑1‑1
public safety answering point for its jurisdiction by notifying the Chief Clerk
of the Illinois Commerce Commission and the Director of State Police in writing
within 6 months after the effective date of this Act or within 6 months after
receiving its authority to operate a 9‑1‑1 system under the Emergency Telephone
System Act, whichever is later. In addition, 2 or more emergency telephone
system boards or
qualified units of local government may, by virtue of an intergovernmental
agreement, provide wireless 9‑1‑1 service. The Department of State Police
shall be the primary wireless 9‑1‑1 public safety answering point for any
jurisdiction not providing notice to the Commission and the Department of State
Police. Nothing in this Act shall require the provision of wireless enhanced
9‑1‑1 services. The Illinois Commerce Commission, upon a joint request from the Department of
State Police and a qualified
governmental entity or an emergency telephone system board, may grant
authority to the
emergency telephone system board or a qualified governmental entity to provide
wireless
9‑1‑1 service in areas for which the Department of State Police has accepted
wireless 9‑1‑1
responsibility. The Illinois Commerce Commission shall maintain a current list
of all 9‑1‑1
systems and qualified governmental entities providing wireless 9‑1‑1 service
under this Act. Any emergency telephone system board or qualified governmental entity
providing
wireless 9‑1‑1 service prior to the effective date of this Act
may continue to
operate upon notification as previously described in this Section. An
emergency
telephone system
board or a qualified governmental entity shall submit, with its notification,
the date
upon which it commenced operating. (c) Wireless Enhanced 9‑1‑1 Board. The Wireless Enhanced 9‑1‑1 Board is
created. The Board consists of 7
members
appointed by the Governor with the advice and consent of the Senate.
It is recommended that the Governor appoint members from the following: the
Illinois Chapter of the National Emergency Numbers Association, the Illinois
State Police, law enforcement
agencies, the wireless telecommunications industry, an emergency
telephone system board in Cook County (outside the City of
Chicago), an emergency telephone system board in
the Metro‑east area,
and an emergency telephone system board in the
collar counties (Lake, McHenry, DuPage, Kane, and Will
counties). Members of the Board
may not receive any compensation but may, however, be reimbursed for any
necessary expenditure in connection with their duties. Except as provided in Section 45, the Wireless Enhanced 9‑1‑1 Board shall
set the amount of the monthly wireless surcharge required to be imposed under
Section 17 on all wireless subscribers in this State.
Prior to the Wireless Enhanced 9‑1‑1 Board setting any surcharge, the Board
shall
publish the proposed surcharge in the Illinois Register, hold hearings on the
surcharge
and the requirements for an efficient wireless emergency number system, and
elicit
public comment. The Board shall determine the minimum cost necessary for
implementation of this system and the amount of revenue produced based upon the
number of wireless telephones in use. The Board shall set the surcharge at the
minimum
amount necessary to achieve the goals of the Act and shall, by July 1, 2000,
file this
information with the Governor, the Clerk of the House, and the Secretary of the
Senate.
The surcharge may not be more than $0.75 per month per CMRS connection. The Wireless Enhanced 9‑1‑1 Board shall report to the General Assembly by
July 1, 2000 on implementing wireless non‑emergency services for the
purpose of public safety using the digits 3‑1‑1. The Board shall consider the
delivery of 3‑1‑1 services in a 6 county area, including rural Cook County
(outside of the City of Chicago), and DuPage, Lake, McHenry, Will, and Kane
Counties, as well as counties outside of this area by an emergency telephone
system board, a qualified governmental entity, or private industry. The Board,
upon completion of all its duties required under this Act, is dissolved. (Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/17) (Section scheduled to be repealed on April 1, 2008) Sec. 17. Wireless carrier surcharge. (a) Except as provided in Section 45, each wireless
carrier shall impose a monthly wireless carrier surcharge per CMRS connection
that either has a telephone number within an area code assigned to Illinois by
the North American Numbering Plan Administrator or has a billing address in
this State.
In the case of prepaid wireless telephone service, this surcharge shall be
remitted based upon the address associated with the point of purchase, the
customer billing
address, or the location associated with the MTN for each active prepaid
wireless telephone that has a sufficient positive balance
as of the last day of each month, if that information is available. No
wireless carrier
shall impose the surcharge authorized by this
Section upon any subscriber who is subject to the surcharge imposed by a unit
of local
government
pursuant to Section 45.
The wireless carrier that provides wireless service to the
subscriber shall collect the surcharge set by the Wireless Enhanced 9‑1‑1 Board
from the subscriber.
For mobile telecommunications services provided on and after August 1, 2002,
any surcharge imposed under this Act shall be imposed based upon the
municipality or county that encompasses
the customer's place of primary use as defined in the Mobile Telecommunications
Sourcing Conformity Act.
The surcharge shall be stated as a separate item on the
subscriber's monthly bill. The wireless carrier shall begin collecting the
surcharge on bills issued within 90 days after the Wireless Enhanced 9‑1‑1
Board sets the monthly wireless surcharge. State and local taxes shall not
apply to the wireless carrier surcharge. (b) Except as provided in Section 45, a wireless carrier shall, within 45
days of collection, remit, either by check or by electronic funds transfer, to
the State Treasurer the amount of the wireless carrier surcharge collected
from each subscriber. Of the amounts remitted under this subsection, the State
Treasurer shall deposit one‑third into the Wireless Carrier Reimbursement Fund
and two‑thirds into the Wireless Service Emergency Fund. (c) The first such remittance by wireless carriers shall include the number
of customers by zip code, and the 9‑digit zip code if currently being used or
later implemented by the carrier, that shall be the means by which the
Illinois Commerce Commission shall determine distributions from
the Wireless Service Emergency Fund.
This information shall be updated no less often than every year. Wireless
carriers are not required to remit surcharge moneys that are billed to
subscribers but not yet collected. (Source: P.A. 92‑526, eff. 7‑1‑02; 93‑507, eff. 1‑1‑04; 93‑839, eff. 7‑30‑04.)
(50 ILCS 751/20) (Section scheduled to be repealed on April 1, 2008) Sec. 20. Wireless Service Emergency Fund; uses. The Wireless Service
Emergency Fund is created as a special fund in the State treasury. Subject to
appropriation, moneys in the Wireless Service Emergency Fund may only be used
for grants for emergency telephone system boards, qualified government
entities, or the Department of State Police. These grants may be used only
for the design, implementation, operation, maintenance, or upgrade of wireless
9‑1‑1 or E9‑1‑1 emergency services and public safety answering points, and for
no other purposes. The moneys received by the Department of State Police from the Wireless
Service Emergency Fund, in any year, may be used for any costs relating to the
leasing, modification, or maintenance of any building or facility used to house
personnel or equipment associated with the operation of wireless 9‑1‑1 or
wireless E9‑1‑1 emergency services, to ensure service in those areas where
service is not otherwise provided. Moneys from the Wireless Service Emergency Fund may not be used to pay for or
recover any costs associated with public safety agency equipment or personnel
dispatched in response to wireless 9‑1‑1 or wireless E9‑1‑1 emergency calls. (Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/25) (Section scheduled to be repealed on April 1, 2008) Sec. 25. Wireless Service Emergency Fund; distribution of moneys.
Within 60 days after the effective date of this Act, wireless carriers
shall submit to the Illinois Commerce Commission the number of
wireless subscribers by zip code and the 9‑digit zip code of the wireless
subscribers, if currently being used or later implemented by the carrier. The Illinois Commerce Commission shall, subject to
appropriation, make monthly proportional grants to the appropriate emergency
telephone system board or qualified governmental entity based upon the United
States Postal Zip Code of the wireless subscriber's billing address. No
matching funds shall be required from grant recipients. If the Illinois Commerce Commission is notified of an area
of overlapping jurisdiction, grants for that area shall be made based upon
reference to an official Master Street Address Guide to the emergency
telephone system board or qualified governmental entity whose public
service answering points provide wireless 9‑1‑1 service in that area.
The emergency telephone system board or qualified governmental entity shall
provide the Illinois Commerce Commission with a valid copy of the
appropriate Master Street Address Guide. The Illinois Commerce Commission does not have a duty to verify jurisdictional responsibility. In the event of a subscriber billing address being matched to an incorrect
jurisdiction by the Illinois Commerce Commission, the recipient,
upon notification from the Illinois Commerce Commission, shall
redirect the funds to the correct jurisdiction. The Illinois Commerce Commission
shall not be held liable for any damages relating to an
act or omission under this Act, unless the act or omission constitutes gross
negligence, recklessness, or intentional misconduct. In the event of a dispute between emergency telephone system boards or
qualified governmental entities concerning a subscriber billing address, the
Illinois Commerce Commission shall resolve the dispute. The Illinois Commerce Commission shall maintain detailed records
of all receipts and disbursements and shall provide an annual accounting of all
receipts and disbursements to the Auditor General. The Illinois Commerce Commission shall adopt rules to govern the
grant process. (Source: P.A. 93‑839, eff. 7‑30‑04.)
(50 ILCS 751/30) (Section scheduled to be repealed on April 1, 2008) Sec. 30. Wireless Carrier Reimbursement Fund; uses. The Wireless
Carrier Reimbursement Fund is created as a special fund in the State treasury.
Moneys in the Wireless Carrier Reimbursement Fund may be used, subject to
appropriation, only (i) to reimburse wireless carriers for all of their costs
incurred in complying with the applicable provisions of Federal Communications
Commission wireless enhanced 9‑1‑1 service mandates and (ii) to pay the reasonable and necessary costs of the Illinois Commerce Commission in exercising its rights, duties, powers, and functions under this Act. This reimbursement to wireless carriers may
include, but need not be limited to, the cost of designing, upgrading,
purchasing, leasing, programming, installing, testing, and maintaining
necessary data, hardware, and software and associated operating and
administrative costs and overhead. (Source: P.A. 93‑839, eff. 7‑30‑04.)
(50 ILCS 751/35) (Section scheduled to be repealed on April 1, 2008) Sec. 35. Wireless Carrier Reimbursement Fund; reimbursement. To recover costs from the Wireless Carrier Reimbursement Fund, the wireless
carrier shall submit sworn invoices to the Illinois Commerce Commission. In no event may any invoice for payment be approved for (i) costs
that are not related to compliance with the requirements established by the
wireless enhanced 9‑1‑1 mandates of the Federal Communications Commission, (ii)
costs with respect to any wireless enhanced 9‑1‑1 service that is not operable
at the time the invoice is submitted, or (iii) costs of any wireless carrier
exceeding 100% of the wireless emergency services charges remitted to the
Wireless Carrier Reimbursement Fund by the wireless carrier under Section
17(b) unless the wireless carrier received prior approval for the expenditures
from the Illinois Commerce Commission. If in any month the total amount of invoices submitted to the Illinois Commerce Commission and approved for payment exceeds the amount
available in the Wireless Carrier Reimbursement Fund, wireless carriers that
have invoices approved for payment shall receive a pro‑rata share of the amount
available in the Wireless Carrier Reimbursement Fund based on the relative
amount of their approved invoices available that month, and the balance of
the payments shall be carried into the following months until all of the approved
payments
are made. A wireless carrier may not receive payment from the Wireless Carrier
Reimbursement Fund for its costs of providing wireless enhanced 9‑1‑1 services
in an area when a unit of local government or emergency telephone system board
provides wireless 9‑1‑1 services in that area and was imposing and collecting a
wireless carrier surcharge prior to July 1, 1998. The Illinois Commerce Commission shall maintain detailed records
of all receipts and disbursements and shall provide an annual accounting of all
receipts and disbursements to the Auditor General. The Illinois Commerce Commission shall adopt rules to govern the
reimbursement process. (Source: P.A. 93‑507, eff. 1‑1‑04; 93‑839, eff. 7‑30‑04.)
(50 ILCS 751/40) (Section scheduled to be repealed on April 1, 2008) Sec. 40. Public disclosure. Because of the highly competitive nature of
the wireless telephone industry, a public disclosure of information about
surcharge moneys paid by wireless carriers could have the effect of stifling
competition to the detriment of the public and the delivery of wireless 9‑1‑1
services. Therefore, the Illinois Commerce Commission, the
Department of State Police, governmental agencies, and individuals with access
to that information shall take appropriate steps to prevent public disclosure
of this information. Information and data supporting the amount and
distribution of surcharge moneys collected and remitted by an individual
wireless carrier shall be deemed exempt information for purposes of the Freedom
of Information Act and shall not be publicly disclosed. The gross amount paid
by all carriers shall not be deemed exempt and may be publicly disclosed. (Source: P.A. 93‑839, eff. 7‑30‑04.)
(50 ILCS 751/45) (Section scheduled to be repealed on April 1, 2008) Sec. 45. Continuation of current practices. Notwithstanding any other
provision of this Act, a unit of local government or emergency telephone
system board providing wireless 9‑1‑1 service and imposing and collecting a
wireless carrier surcharge prior to July 1, 1998 may continue its practices of
imposing and collecting its wireless carrier surcharge, but in no event shall
that monthly surcharge exceed $1.25 per commercial mobile radio service (CMRS)
connection or in‑service telephone number billed on a monthly basis.
For mobile telecommunications services provided on and after August 1, 2002,
any surcharge imposed shall be imposed based upon the municipality or county
that encompasses the customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act. (Source: P.A. 91‑660, eff. 12‑22‑99; 92‑526, eff. 7‑1‑02.)
(50 ILCS 751/50) (Section scheduled to be repealed on April 1, 2008) Sec. 50. Limitation of liability. Notwithstanding any other provision of
law, in no event shall a unit of local government, the Illinois Commerce Commission as successor agency to the
Department of Central
Management Services, the Department of State Police, or a public safety agency,
public safety answering point, emergency telephone system board, or wireless
carrier, or its officers, employees, assigns, or agents, be liable for any
form of civil damages or criminal liability that directly or indirectly results
from, or is caused by, any act or omission in the development, design,
installation, operation, maintenance, performance, or provision of wireless
9‑1‑1 or wireless E9‑1‑1 service, unless the act or omission constitutes gross
negligence, recklessness, or intentional misconduct. A unit of local government, the Illinois Commerce Commission as successor agency to the
Department of Central Management Services,
the Department of State Police, or a public safety agency, public safety
answering point, emergency telephone system board, or wireless carrier, or its
officers, employees, assigns, or agents, shall not be liable for any form of
civil damages or criminal liability that directly or indirectly results from,
or is caused by, the release of subscriber information to any governmental
entity as required under the provisions of this Act, unless the release
constitutes gross negligence, recklessness, or intentional misconduct. (Source: P.A. 93‑839, eff. 7‑30‑04.)
(50 ILCS 751/55) (Section scheduled to be repealed on April 1, 2008) Sec. 55. Severability. If any provision of this Act or its application to
any person or circumstance is held invalid, the invalidity of that provision or
application does not affect other provisions or applications of this Act that
can be given effect without the invalid application or provision. (Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/60) (Section scheduled to be repealed on April 1, 2008) Sec. 60. Home rule. A home rule unit, other than a home rule municipality
having a population in excess of 500,000 that was imposing its own surcharge on
wireless carriers prior to July 1, 1998, may not impose a separate surcharge on
wireless 9‑1‑1 service in addition to the surcharge imposed on wireless 9‑1‑1
service under this Act. This Section is a limitation under subsection (g) of
Section 6 of Article VII of the Illinois Constitution on the powers and
functions of home rule units not exercised or performed by the State. (Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/65) (Section scheduled to be repealed on April 1, 2008) Sec. 65. Review. This Act and any regulation established by a State
agency pursuant to this Act shall be reviewed by the Auditor General prior
to October 1, 2001. (Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/70) (Section scheduled to be repealed on April 1, 2008) Sec. 70. Repealer. This Act is repealed on April 1, 2008. (Source: P.A. 93‑507, eff. 1‑1‑04.)
(50 ILCS 751/75) (Section scheduled to be repealed on April 1, 2008) Sec. 75. Transfer of rights, functions, powers, duties, and property to Illinois Commerce Commission; rules and standards; savings provisions. (a) Beginning July 1, 2004, the rights, functions, powers, and duties of the Department of Central Management Services as set forth in this Act are transferred to and shall be exercised by the Illinois Commerce Commission. By July 1, 2004, the Department of Central Management Services shall transfer and deliver to the Illinois Commerce Commission all books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Illinois Commerce Commission under this amendatory Act of the 93rd General Assembly. (b) The rules and standards of the Department of Central Management Services that are in effect on June 30, 2004 and that pertain to the rights, powers, duties, and functions transferred to the Illinois Commerce Commission under this amendatory Act of the 93rd General Assembly shall become the rules and standards of the Illinois Commerce Commission on July 1, 2004, and shall continue in effect until amended or repealed by the Illinois Commerce Commission. Any rules pertaining to the rights, powers, duties, and functions transferred to the Illinois Commerce Commission under this amendatory Act of the 93rd General Assembly that have been proposed by the Department of Central Management Services but have not taken effect or been finally adopted by June 30, 2004, shall become proposed rules of the Illinois Commerce Commission on July 1, 2004, and any rulemaking procedures that have already been completed by the Department of Central Management Services for those proposed rules need not be repealed. As soon as it is practical after July 1, 2004, the Illinois Commerce Commission shall revise and clarify the rules transferred to it under this amendatory Act of the 93rd General Assembly to reflect the transfer of rights, powers, duties, and functions effected by this amendatory Act of the 93rd General Assembly using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Illinois Commerce Commission may propose and adopt under the Illinois Administrative Procedure Act any other rules necessary to consolidate and clarify those rules. (c) The rights, powers, duties, and functions transferred to the Illinois Commerce Commission by this amendatory Act of the 93rd General Assembly shall be vested in and exercised by the Commission subject to the provisions of this Act. An act done by the Illinois Commerce Commission or an officer, employee, or agent of the Commission in the exercise of the transferred rights, powers, duties, and functions shall have the same legal effect as if done by the Department of Central Management Services or an officer, employee, or agent of the Department. The transfer of rights, powers, duties, and functions to the Illinois Commerce Commission under this amendatory Act of the 93rd General Assembly does not invalidate any previous action taken by or in respect to the Department of Central Management Services, its officers, employees, or agents. References to the Department of Central Management Services or its officers, employees, or agents in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the Illinois Commerce Commission or its officers, employees, or agents. The transfer of rights, powers, duties, and functions to the Illinois Commerce Commission under this amendatory Act of the 93rd General Assembly does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions. This amendatory Act of the 93rd General Assembly does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding commenced in an administrative, civil, or criminal case before July 1, 2004. Any such action or proceeding that pertains to a right, power, duty, or function transferred to the Illinois Commerce Commission under this amendatory Act of the 93rd General Assembly that is pending on that date may be prosecuted, defended, or continued by the Department of Central Management Services. For the purposes of Section 9b of the State Finance Act, the Illinois Commerce Commission is the successor to the Department of Central Management Services with respect to the rights, duties, powers, and functions transferred by this amendatory Act of the 93rd General Assembly.
(Source: P.A. 93‑839, eff. 7‑30‑04.)
(50 ILCS 751/800) Sec. 800. (Amendatory provisions; text omitted.) (Source: P.A. 91‑660, eff. 12‑22‑99; text omitted.)
(50 ILCS 751/805) Sec. 805. (Amendatory provisions; text omitted). (Source: P.A. 91‑660, eff. 12‑22‑99; text omitted.)
(50 ILCS 751/810) Sec. 810. (Amendatory provisions; text omitted). (Source: P.A. 91‑660, eff. 12‑22‑99; text omitted.)
(50 ILCS 751/995) (Section scheduled to be repealed on April 1, 2008) Sec. 995. No acceleration or delay. Where this Act makes changes in a
statute that is represented in this Act by text that is not yet or no longer in
effect (for example, a Section represented by multiple versions), the use of
that text does not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other Public Act. (Source: P.A. 91‑660, eff. 12‑22‑99.)
(50 ILCS 751/999) (Section scheduled to be repealed on April 1, 2008) (Public Act 91‑660 actually took effect on December 22, 1999,
as determined under the Effective Date of Laws Act) Sec. 999. Effective date. This Act takes effect July 1, 1999. (Source: P.A. 91‑660, eff. 12‑22‑99.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.