Illinois General Assembly

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 Bill Status of SB2063  97th General Assembly


Short Description:  PREPAID WIRELESS SURCHARGE

Senate Sponsors
Sen. Don Harmon - John J. Millner - William R. Haine - Pamela J. Althoff - Antonio Muñoz

House Sponsors
(Rep. Karen May - Jim Durkin - Lou Lang - Thomas Holbrook - Mike Bost, Patrick J. Verschoore, Donald L. Moffitt, Robert W. Pritchard, Ed Sullivan, Jr., Edward J. Acevedo, Charles E. Jefferson, JoAnn D. Osmond, André M. Thapedi, Michael J. Zalewski, Patricia R. Bellock, Darlene J. Senger, Naomi D. Jakobsson, Roger L. Eddy, Dave Winters, Jim Sacia, Randy Ramey, Jr., Carol A. Sente and Robyn Gabel)

Last Action
DateChamber Action
  8/19/2011SenatePublic Act . . . . . . . . . 97-0463

Statutes Amended In Order of Appearance
New Act
50 ILCS 751/10
50 ILCS 751/17
50 ILCS 751/70
50 ILCS 751/80 new


Synopsis As Introduced
Creates the Prepaid Wireless 9-1-1 Surcharge Act. Provides for a prepaid wireless 9-1-1 surcharge of 1.5% per retail transaction. Provides that a home rule municipality with a population of more than 500,000 that was imposing its own surcharge on wireless carriers prior to July 1, 1998, may impose a prepaid wireless 9-1-1 surcharge not to exceed 6% per retail transaction sourced to that jurisdiction. Defines "retail transaction". Sets forth the requirements and procedures for sellers to collect and remit the prepaid wireless 9-1-1 surcharge. Exempts providers and sellers of prepaid wireless telecommunications service from liability for damages under specified circumstances. Preempts home rule powers. Contains other provisions. Amends the Wireless Emergency Telephone Safety Act. Removes from the definition of "wireless telephone service" prepaid wireless telephone service. Deletes certain provisions concerning surcharges for prepaid wireless telephone service. Extends the repeal of the Act to January 1, 2019. Provides that the term "wireless subscriber" does not include a subscriber with an account or number associated with prepaid wireless telecommunication service. Makes other changes. Effective July 1, 2011.

Senate Floor Amendment No. 2
Deletes reference to:
50 ILCS 751/70
Adds reference to:
220 ILCS 5/13-230

Deletes everything after the enacting clause and reinserts the bill as introduced, with the following changes: in the Prepaid Wireless 9-1-1 Surcharge Act, provides that the 9-1-1 surcharge of 1.5% shall not be applied in a home rule municipality having a population in excess of 500,000; provides that a home rule municipality having a population in excess of 500,000 on the effective date of the Act may only impose a prepaid wireless 9-1-1 surcharge not to exceed 7% per retail transaction sourced to that jurisdiction; provides that if the seller does not separately state the surcharge as a distinct item to the consumer as provided in this Section, then the seller shall maintain books and records as required by the Act which clearly identify the amount of the 9-1-1 surcharge for retail transactions; provides that the surcharge collected or deemed collected by a seller shall constitute a debt owed by the seller to the State, and any such surcharge actually collected shall be held in trust for the benefit of the Department of Revenue; sets forth additional provisions concerning the collection of a prepaid wireless 9-1-1 surcharge for retail transactions occurring in a certain municipality; provides that in the case of a retail transaction which does not occur in person at a seller's business location, if a consumer uses a credit card to purchase prepaid wireless telecommunications service on-line or over the telephone, and no product is shipped to the consumer, then the transaction occurs in the State or a certain municipality if the billing address for the consumer's credit card is in the State or a certain municipality; makes changes to provisions concerning the administration of prepaid wireless 9-1-1 surcharge and the Retailers' Occupation Tax Act; provides that for the first 12 months after the effective date of the Act, a seller shall be permitted to deduct and retain 5% of prepaid wireless 9-1-1 surcharges that are collected by the seller from consumers and that are remitted and timely filed with the Department; provides that after the first 12 months, a seller shall be permitted to deduct and retain 3% of prepaid wireless 9-1-1 surcharges; provides that the Illinois Commerce Commission shall distribute funds in the same proportion as they are distributed under the Wireless Emergency Telephone Safety Act and the funds may only be used in accordance with the provisions of the Wireless Emergency Telephone Safety Act; provides that the Department may adopt and enforce reasonable rules relating to the administration and enforcement of the provisions of the Act as may be deemed expedient; removes a provision concerning liability; makes changes to the provisions concerning home rule; amends the Wireless Emergency Telephone Safety Act; makes changes to several definitions; makes changes to provisions concerning wireless service surcharges; removes language extending the repeal of the Act to January 1, 2019; and makes other changes; amends the Public Utilities Act; provides that "prepaid calling service" does not include prepaid wireless telecommunications service (instead of prepaid wireless telephone service) as defined in the Wireless Emergency Telephone Safety Act; includes severability clause. Effective January 1, 2012.

Senate Floor Amendment No. 3
Adds reference to:
50 ILCS 750/2.24 new
50 ILCS 750/2.25 new
50 ILCS 750/2.26 new
50 ILCS 750/15.3from Ch. 134, par. 45.3

Amends the Emergency Telephone System Act. Defines "advance service," "regular service," and "trunk line". Sets forth the surcharges a municipality shall impose at a rate per network connection where multiple voice grade communications channels are connected between a subscriber's premises and a public switched network through private branch exchange or centrex type service based on the population of the municipality and the type of service used. Makes changes to the effective date.

Senate Floor Amendment No. 4
In the Emergency Telephone System Act, provides that where multiple voice grade communications 9 channels are connected between the subscriber's premises and a 10 public switched network through private branch exchange (PBX) 11 or centrex type service, a municipality imposing a surcharge at a rate per network connection shall impose in a municipality with a population of 500,000 or less or in any county, 5 such surcharges per network connection, as determined in accordance with certain provisions of the Act, for both regular service and advanced service provisioned trunk lines.

Actions 
DateChamber Action
  2/10/2011SenateFiled with Secretary by Sen. Don Harmon
  2/10/2011SenateFirst Reading
  2/10/2011SenateReferred to Assignments
  2/16/2011SenateAdded as Chief Co-Sponsor Sen. John J. Millner
  2/17/2011SenateAdded as Chief Co-Sponsor Sen. William R. Haine
  3/2/2011SenateAssigned to Local Government
  3/3/2011SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff
  3/3/2011SenateAdded as Chief Co-Sponsor Sen. Antonio Muñoz
  3/9/2011SenatePostponed - Local Government
  3/16/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/16/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/17/2011SenateDo Pass Local Government; 008-000-000
  3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 29, 2011
  4/5/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  4/5/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/5/2011SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Don Harmon
  4/5/2011SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/6/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Local Government
  4/6/2011SenateSenate Floor Amendment No. 3 Assignments Refers to Local Government
  4/6/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Local Government; 009-000-000
  4/6/2011SenateSenate Floor Amendment No. 3 Recommend Do Adopt Local Government; 009-000-000
  4/7/2011SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Don Harmon
  4/7/2011SenateSenate Floor Amendment No. 4 Referred to Assignments
  4/8/2011SenateSecond Reading
  4/8/2011SenateSenate Floor Amendment No. 2 Adopted; Harmon
  4/8/2011SenateSenate Floor Amendment No. 3 Adopted; Harmon
  4/8/2011SenatePlaced on Calendar Order of 3rd Reading April 11, 2011
  4/11/2011SenateSenate Floor Amendment No. 4 Assignments Refers to Local Government
  4/13/2011SenateSenate Floor Amendment No. 4 Recommend Do Adopt Local Government; 006-000-000
  4/15/2011SenateRecalled to Second Reading
  4/15/2011SenateSenate Floor Amendment No. 4 Adopted; Harmon
  4/15/2011SenatePlaced on Calendar Order of 3rd Reading
  4/15/2011SenateThird Reading - Passed; 057-000-000
  4/15/2011SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/15/2011HouseArrived in House
  4/15/2011HousePlaced on Calendar Order of First Reading
  4/15/2011HouseFirst Reading
  4/15/2011HouseChief House Sponsor Rep. Karen May
  4/15/2011HouseReferred to Rules Committee
  4/25/2011HouseAssigned to Executive Committee
  4/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin
  4/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  4/27/2011HouseAdded Alternate Chief Co-Sponsor Rep. Thomas Holbrook
  4/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Patrick J. Verschoore
  4/28/2011HouseAlternate Chief Co-Sponsor Removed Rep. Patrick J. Verschoore
  4/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Mike Bost
  4/28/2011HouseAdded Alternate Co-Sponsor Rep. Patrick J. Verschoore
  4/28/2011HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt
  5/3/2011HouseAdded Alternate Co-Sponsor Rep. Robert W. Pritchard
  5/3/2011HouseAdded Alternate Co-Sponsor Rep. Ed Sullivan, Jr.
  5/3/2011HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/3/2011HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  5/4/2011HouseAdded Alternate Co-Sponsor Rep. JoAnn D. Osmond
  5/4/2011HouseAdded Alternate Co-Sponsor Rep. André M. Thapedi
  5/4/2011HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  5/5/2011HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  5/6/2011HouseAdded Alternate Co-Sponsor Rep. Darlene J. Senger
  5/11/2011HouseRe-assigned to Telecommunications
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/16/2011HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/17/2011HouseAdded Alternate Co-Sponsor Rep. Roger L. Eddy
  5/17/2011HouseAdded Alternate Co-Sponsor Rep. Dave Winters
  5/19/2011HouseAdded Alternate Co-Sponsor Rep. Jim Sacia
  5/19/2011HouseDo Pass / Short Debate Telecommunications; 011-000-000
  5/19/2011HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2011HouseAdded Alternate Co-Sponsor Rep. Randy Ramey, Jr.
  5/20/2011HouseSecond Reading - Short Debate
  5/20/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/25/2011HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/25/2011HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/25/2011HouseThird Reading - Short Debate - Passed 117-000-000
  5/25/2011SenatePassed Both Houses
  6/23/2011SenateSent to the Governor
  8/19/2011SenateGovernor Approved
  8/19/2011SenateEffective Date January 1, 2012; Generally effective
  8/19/2011SenateEffective Date August 19, 2011; Some parts effective
  8/19/2011SenatePublic Act . . . . . . . . . 97-0463

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