*** UPDATE ***  Governor’s office lawyers say that if the governor waits to take action on this bill until after June 30th, then an override won’t matter because the bill renews the Telecommunications Act and the Cable and Video statute. Those acts are set to automatically expire on June 30th. So, the GA couldn’t technically renew an act that had already expired with an override. And that’s why the governor is now demanding a “clean” bill.

* This bill passed the Senate 53-3 and cleared the House 81-27, way more than enough for an override if the Republicans stick to their guns…

From: Jason Heffley, Policy Advisor for Energy and Environment
To: Cindy Barbera-Brelle, Statewide 9-1-1 Administrator
Date: June 22, 2017
Re: Update on SB 1839

As you know, the House and Senate passed SB 1839 on May 31, 2017. The legislation combined several provisions including carrier of last resort (COLR) obligation relief for AT&T, Illinois State Police’s package of technical changes to the Emergency Telephone System Act, sunset extensions to Article XIII (Telecommunications) and Article XXI (Cable and Video) of the Public Utilities Act as well Emergency Telephone System Act, and 9-1-1 surcharge increases for the city of Chicago (from $3.90 to $5) and the rest of the state (from $.87 to $1.50).

While the Governor has yet to receive SB 1839 from the Senate for consideration, he has been very clear that the surcharge increases would be unacceptable. The city of Chicago has already received two significant increases in the last four years – from $1.25 to $2.50 in 2013 and from $2.50 to $3.90 in 2014. In fact, the Chicago Sun-Times ran a story the day after passage of the bill that touted the legislation as a 28% phone tax to bailout pensions. Additionally, the increase for the remainder of the state is significantly higher than the $1.05 that was recommended by the 9-1-1 Advisory Board that studied the issue for two years. The increase is especially concerning given the fact that the State’s consultant has not yet completed its assessment and made a recommendation, including cost projections, for moving the State towards a Next Generation 9-1-1 network solution, which would also include Chicago.

Since it is clear that the Governor will not sign this legislation as passed, I wanted to make sure you are aware of the potential impacts to other key provisions of the bill – specifically, the sunset provision for the Emergency Telephone System Act, which will repeal on July 1. Without an extension of the ETSA, carriers will no longer be able to collect surcharges from their customers and the State Police will no longer be able to distribute those surcharge monies to local 9-1-1 systems.

While there is nothing that will prohibit carriers from providing the 9-1-1 service if the Act sunsets and the State Police will be able to continue to disperse monies to the local operators through the lapse period in August, no new surcharge money may be collected as of July 1. It would be a decision of the local 9-1-1 service providers to continue to provide service without an extension, and the lack of monies being collected could have impacts in the long run on some local operators.

To be clear: the Governor absolutely supports 9-1-1 services across the state and strongly supports extension of the ETSA without delay. He supported a clean extension of the Act at the end of May and he continues to support one today. It is imperative that the General Assembly immediately take up and pass a clean bill to extend the sunset provision of the ETSA before June 30 to ensure there is no long term harm to Illinois’ 9-1-1 services.

The General Assembly should not put the 9-1-1 system at risk by sending the Governor legislation with poison pills knowing full well he will not sign them into law. There is time left to send the Governor a clean 9-1-1 bill prior to July 1. Please inform all local 9-1-1 operators of this potential danger and highlight the importance of passing a clean sunset extension by June 30.