Sen. Don Harmon

Filed: 3/16/2011

 

 


 

 


 
09700SB2063sam001LRB097 09995 ASK 53075 a

1
AMENDMENT TO SENATE BILL 2063

2    AMENDMENT NO. ______. Amend Senate Bill 2063 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Prepaid Wireless 9-1-1 Surcharge Act.
 
6    Section 5. Purpose. The General Assembly finds and declares
7that maintaining effective and efficient 9-1-1 systems across
8the State benefits all citizens. The fees imposed upon the
9consumers of telecommunication services that have the ability
10to dial 9-1-1 are an important funding mechanism to assist the
11State and units of local government with the deployment of
12enhanced 9-1-1 services to the citizens of this State.
13    Prepaid wireless telecommunication services are an
14important segment of the telecommunications industry and have
15proven particularly attractive to low-income and low-volume
16consumers. Unlike traditional telecommunication services,

 

 

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1prepaid wireless telecommunications services are not sold or
2used pursuant to term contracts or subscriptions and monthly
3bills are not sent to consumers by prepaid wireless
4telecommunication service providers or retail vendors.
5    Prepaid wireless consumers have the same access to
6emergency 9-1-1 services from their wireless devices as
7wireless consumers on term contracts. Prepaid wireless
8consumers benefit from the ability to access the 9-1-1 system
9by dialing 9-1-1.
10    Consumers purchase prepaid wireless telecommunication
11services at a wide variety of general retail locations and
12other distribution channels. Such purchases are made on a
13cash-and-carry or pay-as-you-go basis from retailers.
14    It is the intent of the General Assembly to:
15        (1) ensure equitable contributions to the funding of
16    9-1-1 systems from consumers of prepaid wireless
17    telecommunication services;
18        (2) collect 9-1-1 surcharges from purchasers of
19    prepaid wireless telecommunications service at the point
20    of sale;
21        (3) impose the collection and remittance obligation
22    for 9-1-1 surcharges on sellers of prepaid wireless
23    telecommunications service;
24        (4) impose a single statewide 9-1-1 surcharge on point
25    of sale transactions in order to minimize administrative
26    costs on retailers.
 

 

 

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1    Section 10. Definitions. In this Act:
2    "Consumer" means a person who purchases prepaid wireless
3telecommunications service in a retail transaction.
4    "Department" means the Department of Revenue.
5    "Prepaid wireless E911 surcharge" means the charge that is
6required to be collected by a seller from a consumer in the
7amount established under Section 15 of this Act.
8    "Prepaid wireless telecommunications service" means a
9wireless telecommunications service that allows a caller to
10dial 9-1-1 to access the 9-1-1 system, which service must be
11paid for in advance and is sold in predetermined units or
12dollars of which the amount declines with use in a known
13amount.
14    "Provider" means a person that provides prepaid wireless
15telecommunications service pursuant to a license issued by the
16Federal Communications Commission.
17    "Retail transaction" means the purchase of prepaid
18wireless telecommunications service from a seller for any
19purpose other than resale.
20    "Seller" means a person who sells prepaid wireless
21telecommunications service to another person.
22    "Wireless telecommunications service" means commercial
23mobile radio service as defined by 47 C.F.R. 20.3.
 
24    Section 15. Prepaid wireless 9-1-1 surcharge.

 

 

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1    (a) There is hereby imposed on consumers a prepaid wireless
29-1-1 surcharge of 1.5% per retail transaction. The surcharge
3authorized by this subsection (a) does not apply in a home rule
4municipality having a population in excess of 500,000. The
5amount of the surcharge may be reduced or increased pursuant to
6subsection (e).
7    (a-5) A home rule municipality having a population in
8excess of 500,000 on of the effective date of this Act may only
9impose a prepaid wireless 9-1-1 surcharge not to exceed 6% per
10retail transaction sourced to that jurisdiction and collected
11and remitted in accordance with the provisions of subsection
12(b).
13    (b) The prepaid wireless 9-1-1 surcharge shall be collected
14by the seller from the consumer with respect to each retail
15transaction occurring in this State and shall be remitted to
16the Department by the seller as provided in this Act. The
17amount of the prepaid wireless 9-1-1 surcharge shall be
18separately stated as a distinct item apart from the charge for
19the prepaid wireless telecommunications service on an invoice,
20receipt, or other similar document that is provided to the
21consumer by the seller or shall be otherwise disclosed to the
22consumer. If the seller does not separately state the surcharge
23as a distinct item to the consumer as provided in this Section,
24then the seller shall maintain books and records as required by
25this Act which clearly identify the amount of the 9-1-1
26surcharge for retail transactions.

 

 

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1    For purposes of this subsection (b), a retail transaction
2occurs in this State if (i) the retail transaction is made in
3person by a consumer at the seller's business location and the
4business is located within the State; (ii) the seller is a
5provider and sells prepaid wireless telecommunications service
6to a consumer located in Illinois; (iii)the retail transaction
7is treated as occurring in this State for purposes of the
8Retailers' Occupation Tax Act; or (iv) a seller that is
9included within the definition of a "retailer maintaining a
10place of business in this State" under Section 2 of the Use Tax
11Act makes a sale of prepaid wireless telecommunications service
12to a consumer located in Illinois.
13    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
14consumer and not on any provider. The seller shall be liable to
15remit all prepaid wireless 9-1-1 surcharges that the seller
16collects from consumers as provided in Section 20, including
17all such surcharges that the seller is deemed to collect where
18the amount of the surcharge has not been separately stated on
19an invoice, receipt, or other similar document provided to the
20consumer by the seller. The surcharge collected or deemed
21collected by a seller shall constitute a debt owed by the
22seller to this State, and any such surcharge actually collected
23shall be held in trust for the benefit of the Department.
24    For purposes of this subsection (c), the surcharge shall
25not be imposed or collected from entities that are tax exempt
26under the Retailers' Occupation Tax Act.

 

 

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1    (d) The amount of the prepaid wireless 9-1-1 surcharge that
2is collected by a seller from a consumer, if such amount is
3separately stated on an invoice, receipt, or other similar
4document provided to the consumer by the seller, shall not be
5included in the base for measuring any tax, fee, surcharge, or
6other charge that is imposed by this State, any political
7subdivision of this State, or any intergovernmental agency.
8    (e) The prepaid wireless 9-1-1 charge shall be
9proportionately increased or reduced, as applicable, upon any
10change to the surcharge imposed under Section 17 of the
11Wireless Emergency Telephone Safety Act. The adjusted rate
12shall be determined by dividing the amount of the surcharge
13imposed under Section 17 of the Wireless Emergency Telephone
14Safety Act by $50. Such increase or reduction shall be
15effective on the first day of the first calendar month to occur
16at least 60 days after the enactment of the change to the
17surcharge imposed under Section 17 of the Wireless Emergency
18Telephone Safety Act. The Department shall provide not less
19than 30 days' notice of an increase or reduction in the amount
20of the surcharge on the Department's website.
21    (f) Bundled transactions. When prepaid wireless
22telecommunications service is sold with one or more other
23products or services for a single, non-itemized price, then the
24percentage specified in subsection (a) or (a-5) of this Section
2515 shall be applied to the entire non-itemized price unless the
26seller elects to apply the percentage to (i) the dollar amount

 

 

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1of the prepaid wireless telecommunications service if that
2dollar amount is disclosed to the consumer or (ii) the portion
3of the price that is attributable to the prepaid wireless
4telecommunications service if the retailer can identify that
5portion by reasonable and verifiable standards from its books
6and records that are kept in the regular course of business for
7other purposes, including, but not limited to, books and
8records that are kept for non-tax purposes. However, if a
9minimal amount of prepaid wireless telecommunications service
10is sold with a prepaid wireless device for a single,
11non-itemized price, then the seller may elect not to apply the
12percentage specified in subsection (a) or (a-5) of this Section
1315 to such transaction. For purposes of this subsection, an
14amount of service denominated as 10 minutes or less or $5 or
15less is considered minimal.
 
16    Section 20. Administration of prepaid wireless 9-1-1
17surcharge.
18    (a) In the administration and enforcement of this Act, the
19provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
205f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
21Retailers' Occupation Tax Act that are not inconsistent with
22this Act, and Section 3-7 of the Uniform Penalty and Interest
23Act shall apply as far as practicable, to the subject matter of
24this Act to the same extent as if those provisions were
25included in this Act. References to "taxes" in these

 

 

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1incorporated Sections shall be construed to apply to the
2administration, payment, and remittance of all surcharges
3under this Act. The Department shall establish registration and
4payment procedures that substantially coincide with the
5registration and payment procedures that apply to the
6Retailers' Occupation Tax Act.
7    (b) For the first 12 months after the effective date of
8this Act, a seller shall be permitted to deduct and retain 5%
9of prepaid wireless 9-1-1 surcharges that are collected by the
10seller from consumers and that are remitted and timely filed
11with the Department. After the first 12 months, a seller shall
12be permitted to deduct and retain 3% of prepaid wireless 9-1-1
13surcharges that are collected by the seller from consumers and
14that are remitted and timely filed with the Department.
15    (c) The Department shall pay all remitted prepaid wireless
16E911 charges over to the State Treasurer for deposit into the
17Wireless Service Emergency Fund within 30 days after receipt.
18The Illinois Commerce Commission shall distribute such funds in
19the same proportion as they are distributed under the Wireless
20Emergency Telephone Safety Act and such funds may only be used
21in accordance with the provisions of the Wireless Emergency
22Telephone Safety Act. The Department may deduct an amount, not
23to exceed 3% during the first year following the effective date
24of this Act and not to exceed 2% during every year thereafter
25of remitted charges, to be retained by the Department to
26reimburse its direct costs of administering the collection and

 

 

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1remittance of prepaid wireless 9-1-1 surcharges.
2    (d) The Department may adopt and enforce reasonable rules
3relating to the administration and enforcement of the
4provisions of this Act as may be deemed expedient. The
5Department shall require all surcharges collected under this
6Act to be reported on existing forms or combined forms,
7including, but not limited to, Form ST-1.
 
8    Section 25. Liability of sellers and providers. The
9provisions of Section 50 of the Wireless Emergency Telephone
10Safety Act shall apply to sellers and providers of prepaid
11wireless telecommunications service.
 
12    Section 27. Home rule. A home rule unit may not impose a
13separate surcharge on wireless 9-1-1 service in addition to the
14surcharge imposed on wireless 9-1-1 service under this Act.
15This Section is a denial and limitation of home rule powers and
16functions under subsection (h) of Section 6 of Article VII of
17the Illinois Constitution.
 
18    Section 30. Exclusivity of prepaid wireless 9-1-1
19surcharge. The prepaid wireless 9-1-1 surcharge imposed by this
20Act shall be the only 9-1-1 funding obligation imposed with
21respect to prepaid wireless telecommunications service in this
22State. No tax, fee, surcharge, or other charge shall be imposed
23by this State, any political subdivision of this State, or any

 

 

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1intergovernmental agency, for 9-1-1 funding purposes, upon any
2provider, seller, or consumer with respect to the sale,
3purchase, use, or provision of prepaid wireless
4telecommunications service.
 
5    Section 95. The Wireless Emergency Telephone Safety Act is
6amended by changing Sections 10, 17, and 70 and by adding
7Section 80 as follows:
 
8    (50 ILCS 751/10)
9    (Section scheduled to be repealed on April 1, 2013)
10    Sec. 10. Definitions. In this Act:
11    "Active prepaid wireless telephone" means a prepaid
12wireless telephone that has been used or activated by the
13customer during the month to complete a telephone call for
14which the customer's card or account was decremented.
15    "Emergency telephone system board" means a board appointed
16by the corporate authorities of any county or municipality that
17provides for the management and operation of a 9-1-1 system
18within the scope of the duties and powers prescribed by the
19Emergency Telephone System Act.
20    "Master street address guide" means the computerized
21geographical database that consists of all street and address
22data within a 9-1-1 system.
23    "Mobile telephone number" or "MTN" shall mean the telephone
24number assigned to a wireless telephone at the time of initial

 

 

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1activation.
2    "Prepaid wireless telecommunications telephone service"
3means wireless telecommunications telephone service that
4allows a caller to dial 9-1-1 to access the 9-1-1 system, which
5service must be paid for in advance and is sold in
6predetermined units or dollars which the amount declines with
7use in a known amount. which is activated by payment in advance
8of a finite dollar amount or for a finite set of minutes and
9which, unless an additional finite dollar amount or finite set
10of minutes is paid in advance, terminates either (i) upon use
11by a customer and delivery by the wireless carrier of an
12agreed-upon amount of service corresponding to the total dollar
13amount paid in advance, or within a certain period of time
14following initial purchase or activation.
15    "Public safety agency" means a functional division of a
16public agency that provides fire fighting, police, medical, or
17other emergency services. For the purpose of providing wireless
18service to users of 9-1-1 emergency services, as expressly
19provided for in this Act, the Department of State Police may be
20considered a public safety agency.
21    "Qualified governmental entity" means a unit of local
22government authorized to provide 9-1-1 services pursuant to the
23Emergency Telephone System Act where no emergency telephone
24system board exists.
25    "Remit period" means the billing period, one month in
26duration, for which a wireless carrier, other than a prepaid

 

 

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1wireless carrier that provides zip code information based upon
2the addresses associated with its customers' points of
3purchase, customers' billing addresses, or locations
4associated with MTNs, as described in subsection (a) of Section
517, remits a surcharge and provides subscriber information by
6zip code to the Illinois Commerce Commission, in accordance
7with Section 17 of this Act.
8    "Statewide wireless emergency 9-1-1 system" means all
9areas of the State where an emergency telephone system board
10or, in the absence of an emergency telephone system board, a
11qualified governmental entity has not declared its intention
12for one or more of its public safety answering points to serve
13as a primary wireless 9-1-1 public safety answering point for
14its jurisdiction. The operator of the statewide wireless
15emergency 9-1-1 system shall be the Department of State Police.
16    "Sufficient positive balance" means a dollar amount
17greater than or equal to the monthly wireless 9-1-1 surcharge
18amount.
19    "Wireless carrier" means a provider of two-way cellular,
20broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
21Mobile Radio Service (CMRS), Wireless Communications Service
22(WCS), or other Commercial Mobile Radio Service (CMRS), as
23defined by the Federal Communications Commission, offering
24radio communications that may provide fixed, mobile, radio
25location, or satellite communication services to individuals
26or businesses within its assigned spectrum block and

 

 

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1geographical area or that offers real-time, two-way voice
2service that is interconnected with the public switched
3network, including a reseller of such service.
4    "Wireless enhanced 9-1-1" means the ability to relay the
5telephone number of the originator of a 9-1-1 call and location
6information from any mobile handset or text telephone device
7accessing the wireless system to the designated wireless public
8safety answering point as set forth in the order of the Federal
9Communications Commission, FCC Docket No. 94-102, adopted June
1012, 1996, with an effective date of October 1, 1996, and any
11subsequent amendment thereto.
12    "Wireless public safety answering point" means the
13functional division of an emergency telephone system board,
14qualified governmental entity, or the Department of State
15Police accepting wireless 9-1-1 calls.
16    "Wireless subscriber" means an individual or entity to whom
17a wireless service account or number has been assigned by a
18wireless carrier, other than an account or number associated
19with prepaid wireless telecommunication service.
20    "Wireless telephone service" includes prepaid wireless
21telephone service and means all "commercial mobile service", as
22that term is defined in 47 CFR 20.3, including all personal
23communications services, wireless radio telephone services,
24geographic area specialized and enhanced specialized mobile
25radio services, and incumbent wide area specialized mobile
26radio licensees that offer real time, two-way service that is

 

 

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1interconnected with the public switched telephone network.
2(Source: P.A. 95-63, eff. 8-13-07.)
 
3    (50 ILCS 751/17)
4    (Section scheduled to be repealed on April 1, 2013)
5    Sec. 17. Wireless carrier surcharge.
6    (a) Except as provided in Sections Section 45 and 80, each
7wireless carrier shall impose a monthly wireless carrier
8surcharge per CMRS connection that either has a telephone
9number within an area code assigned to Illinois by the North
10American Numbering Plan Administrator or has a billing address
11in this State. In the case of prepaid wireless telephone
12service, this surcharge shall be remitted based upon the
13address associated with the point of purchase, the customer
14billing address, or the location associated with the MTN for
15each active prepaid wireless telephone that has a sufficient
16positive balance as of the last day of each month, if that
17information is available. No wireless carrier shall impose the
18surcharge authorized by this Section upon any subscriber who is
19subject to the surcharge imposed by a unit of local government
20pursuant to Section 45. Prior to January 1, 2008 (the effective
21date of Public Act 95-698), the surcharge amount shall be the
22amount set by the Wireless Enhanced 9-1-1 Board. Beginning on
23January 1, 2008 (the effective date of Public Act 95-698), the
24monthly surcharge imposed under this Section shall be $0.73 per
25CMRS connection. The wireless carrier that provides wireless

 

 

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1service to the subscriber shall collect the surcharge from the
2subscriber. For mobile telecommunications services provided on
3and after August 1, 2002, any surcharge imposed under this Act
4shall be imposed based upon the municipality or county that
5encompasses the customer's place of primary use as defined in
6the Mobile Telecommunications Sourcing Conformity Act. The
7surcharge shall be stated as a separate item on the
8subscriber's monthly bill. The wireless carrier shall begin
9collecting the surcharge on bills issued within 90 days after
10the Wireless Enhanced 9-1-1 Board sets the monthly wireless
11surcharge. State and local taxes shall not apply to the
12wireless carrier surcharge.
13    (b) Except as provided in Sections Section 45 and 80, a
14wireless carrier shall, within 45 days of collection, remit,
15either by check or by electronic funds transfer, to the State
16Treasurer the amount of the wireless carrier surcharge
17collected from each subscriber. Of the amounts remitted under
18this subsection prior to January 1, 2008 (the effective date of
19Public Act 95-698), and for surcharges imposed before January
201, 2008 (the effective date of Public Act 95-698) but remitted
21after January 1, 2008, the State Treasurer shall deposit
22one-third into the Wireless Carrier Reimbursement Fund and
23two-thirds into the Wireless Service Emergency Fund. For
24surcharges collected and remitted on or after January 1, 2008
25(the effective date of Public Act 95-698), $0.1475 per
26surcharge collected shall be deposited into the Wireless

 

 

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1Carrier Reimbursement Fund, and $0.5825 per surcharge
2collected shall be deposited into the Wireless Service
3Emergency Fund. Of the amounts deposited into the Wireless
4Carrier Reimbursement Fund under this subsection, $0.01 per
5surcharge collected may be distributed to the carriers to cover
6their administrative costs. Of the amounts deposited into the
7Wireless Service Emergency Fund under this subsection, $0.01
8per surcharge collected may be disbursed to the Illinois
9Commerce Commission to cover its administrative costs.
10    (c) The first such remittance by wireless carriers shall
11include the number of wireless subscribers customers by zip
12code, and the 9-digit zip code if currently being used or later
13implemented by the carrier, that shall be the means by which
14the Illinois Commerce Commission shall determine distributions
15from the Wireless Service Emergency Fund. This information
16shall be updated no less often than every year. Wireless
17carriers are not required to remit surcharge moneys that are
18billed to subscribers but not yet collected. Any carrier that
19fails to provide the zip code information required under this
20subsection (c) or any prepaid wireless carrier that fails to
21provide zip code information based upon the addresses
22associated with its customers' points of purchase, customers'
23billing addresses, or locations associated with MTNs, as
24described in subsection (a) of this Section, shall be subject
25to the penalty set forth in subsection (f) of this Section.
26    (d) Any funds collected under the Prepaid Wireless 9-1-1

 

 

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1Surcharge Act shall be distributed using a prorated method
2based upon zip code information collected from post-paid
3wireless carriers under subsection (c) of this Section. Within
490 days after August 13, 2007 (the effective date of Public Act
595-63), each wireless carrier must implement a mechanism for
6the collection of the surcharge imposed under subsection (a) of
7this Section from its subscribers. If a wireless carrier does
8not implement a mechanism for the collection of the surcharge
9from its subscribers in accordance with this subsection (d),
10then the carrier is required to remit the surcharge for all
11subscribers until the carrier is deemed to be in compliance
12with this subsection (d) by the Illinois Commerce Commission.
13    (e) If before midnight on the last day of the third
14calendar month after the closing date of the remit period a
15wireless carrier does not remit the surcharge or any portion
16thereof required under this Section, then the surcharge or
17portion thereof shall be deemed delinquent until paid in full,
18and the Illinois Commerce Commission may impose a penalty
19against the carrier in an amount equal to the greater of:
20        (1) $25 for each month or portion of a month from the
21    time an amount becomes delinquent until the amount is paid
22    in full; or
23        (2) an amount equal to the product of 1% and the sum of
24    all delinquent amounts for each month or portion of a month
25    that the delinquent amounts remain unpaid.
26    A penalty imposed in accordance with this subsection (e)

 

 

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1for a portion of a month during which the carrier provides the
2number of subscribers by zip code as required under subsection
3(c) of this Section shall be prorated for each day of that
4month during which the carrier had not provided the number of
5subscribers by zip code as required under subsection (c) of
6this Section. Any penalty imposed under this subsection (e) is
7in addition to the amount of the delinquency and is in addition
8to any other penalty imposed under this Section.
9    (f) If, before midnight on the last day of the third
10calendar month after the closing date of the remit period, a
11wireless carrier does not provide the number of subscribers by
12zip code as required under subsection (c) of this Section, then
13the report is deemed delinquent and the Illinois Commerce
14Commission may impose a penalty against the carrier in an
15amount equal to the greater of:
16        (1) $25 for each month or portion of a month that the
17    report is delinquent; or
18        (2) an amount equal to the product of 1/2¢ and the
19    number of subscribers served by the wireless carrier.
20    A penalty imposed in accordance with this subsection (f)
21for a portion of a month during which the carrier pays the
22delinquent amount in full shall be prorated for each day of
23that month that the delinquent amount was paid in full. Any
24penalty imposed under this subsection (f) is in addition to any
25other penalty imposed under this Section.
26    (g) The Illinois Commerce Commission may enforce the

 

 

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1collection of any delinquent amount and any penalty due and
2unpaid under this Section by legal action or in any other
3manner by which the collection of debts due the State of
4Illinois may be enforced under the laws of this State. The
5Executive Director of the Illinois Commerce Commission, or his
6or her designee, may excuse the payment of any penalty imposed
7under this Section if the Executive Director, or his or her
8designee, determines that the enforcement of this penalty is
9unjust.
10    (h) Notwithstanding any provision of law to the contrary,
11nothing shall impair the right of wireless carriers to recover
12compliance costs for all emergency communications services
13that are not reimbursed out of the Wireless Carrier
14Reimbursement Fund directly from their wireless subscribers
15customers via line-item charges on the wireless subscriber's
16customer's bill. Those compliance costs include all costs
17incurred by wireless carriers in complying with local, State,
18and federal regulatory or legislative mandates that require the
19transmission and receipt of emergency communications to and
20from the general public, including, but not limited to, E-911.
21    (i) The Auditor General shall conduct, on an annual basis,
22an audit of the Wireless Service Emergency Fund and the
23Wireless Carrier Reimbursement Fund for compliance with the
24requirements of this Act. The audit shall include, but not be
25limited to, the following determinations:
26        (1) Whether the Commission is maintaining detailed

 

 

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1    records of all receipts and disbursements from the Wireless
2    Carrier Emergency Fund and the Wireless Carrier
3    Reimbursement Fund.
4        (2) Whether the Commission's administrative costs
5    charged to the funds are adequately documented and are
6    reasonable.
7        (3) Whether the Commission's procedures for making
8    grants and providing reimbursements in accordance with the
9    Act are adequate.
10        (4) The status of the implementation of wireless 9-1-1
11    and E9-1-1 services in Illinois.
12    The Commission, the Department of State Police, and any
13other entity or person that may have information relevant to
14the audit shall cooperate fully and promptly with the Office of
15the Auditor General in conducting the audit. The Auditor
16General shall commence the audit as soon as possible and
17distribute the report upon completion in accordance with
18Section 3-14 of the Illinois State Auditing Act.
19(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,
20eff. 8-21-08.)
 
21    (50 ILCS 751/70)
22    (Section scheduled to be repealed on April 1, 2013)
23    Sec. 70. Repealer. This Act is repealed on January 1, 2019
24April 1, 2013.
25(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08.)
 

 

 

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1    (50 ILCS 751/80 new)
2    Sec. 80. Prepaid wireless telecommunications service;
3surcharge. The wireless carrier surcharge and any other
4requirements imposed by Section 17 or authorized by Section 45
5shall not apply to prepaid wireless telecommunications
6service. The provisions of the Prepaid Wireless 9-1-1 Surcharge
7Act shall apply to prepaid wireless telecommunications
8service.
 
9    Section 97. The Public Utilities Act is amended by changing
10Section 13-230 as follows:
 
11    (220 ILCS 5/13-230)
12    (Section scheduled to be repealed on July 1, 2013)
13    Sec. 13-230. Prepaid calling service. "Prepaid calling
14service" means telecommunications service that must be paid for
15in advance by an end user, enables the end user to originate
16calls using an access number or authorization code, whether
17manually or electronically dialed, and is sold in predetermined
18units or dollars of which the number declines with use in a
19known amount. A prepaid calling service call is a call made by
20an end user using prepaid calling service. "Prepaid calling
21service" does not include prepaid wireless telecommunications
22telephone service as defined in Section 10 of the Wireless
23Emergency Telephone Safety Act.

 

 

09700SB2063sam001- 22 -LRB097 09995 ASK 53075 a

1(Source: P.A. 93-1002, eff. 1-1-05.)
 
2    Section 99. Effective date. This Act takes effect January
31, 2012.".