093_SB1098sam001

 










                                     LRB093 07334 EFG 14172 a

 1                    AMENDMENT TO SENATE BILL 1098

 2        AMENDMENT NO.     .  Amend Senate Bill 1098 on page 1, by
 3    replacing line 5 as follows:
 4    "is amended by changing Sections 10  and  17  and  by  adding
 5    Section 70 as follows:"; and
 6    on  page  1,  immediately  below  line  8,  by  inserting the
 7    following:
 8        ""Active prepaid  wireless  telephone"  means  a  prepaid
 9    wireless  telephone  that  has  been used or activated by the
10    customer during the month to complete a  telephone  call  for
11    which the customer's card or account was decremented."; and

12    on  page  1,  immediately  below  line  16,  by inserting the
13    following:
14        ""Mobile  telephone  number"  or  "MTN"  shall  mean  the
15    telephone number assigned to a wireless telephone at the time
16    of initial activation.
17        "Prepaid  wireless  telephone  service"  means   wireless
18    telephone service which is activated by payment in advance of
19    a  finite  dollar  amount  or for a finite set of minutes and
20    which, unless an additional finite dollar  amount  or  finite
21    set of minutes is paid in advance, terminates either (i) upon
22    use  by a customer and delivery by the wireless carrier of an
23    agreed-upon amount of  service  corresponding  to  the  total
 
                            -2-      LRB093 07334 EFG 14172 a
 1    dollar  amount paid in advance, or within a certain period of
 2    time following initial purchase or activation."; and

 3    on page 2,  immediately  below  line  33,  by  inserting  the
 4    following:
 5        ""Wireless  telephone  service" includes prepaid wireless
 6    telephone service and means all "commercial mobile  service",
 7    as  that  term  is  defined  in  47  CFR  20.3, including all
 8    personal communications services,  wireless  radio  telephone
 9    services,    geographic   area   specialized   and   enhanced
10    specialized mobile radio services, and  incumbent  wide  area
11    specialized  mobile  radio  licensees  that  offer real time,
12    two-way  service  that  is  interconnected  with  the  public
13    switched telephone network."; and

14    on page 2,  immediately  below  line  34,  by  inserting  the
15    following:

16        "(50 ILCS 751/17)
17        Sec. 17.  Wireless carrier surcharge.
18        (a)  Except  as  provided  in  Section  45, each wireless
19    carrier shall impose a monthly wireless carrier surcharge per
20    CMRS connection that either has a telephone number within  an
21    area   code  assigned  to  Illinois  by  the  North  American
22    Numbering Plan Administrator or has a billing address in this
23    State.  In the case of prepaid  wireless  telephone  service,
24    this  surcharge  shall  be  remitted  based  upon the address
25    associated with the point of purchase, the  customer  billing
26    address  or  the  location  associated  with  the MTN for all
27    active prepaid wireless  telephones.    No  wireless  carrier
28    shall  impose  the  surcharge authorized by this Section upon
29    any subscriber who is subject to the surcharge imposed  by  a
30    unit of local government pursuant to Section 45. The wireless
31    carrier  that  provides  wireless  service  to the subscriber
32    shall collect the surcharge  set  by  the  Wireless  Enhanced
 
                            -3-      LRB093 07334 EFG 14172 a
 1    9-1-1    Board    from    the    subscriber.    For    mobile
 2    telecommunications  services  provided on and after August 1,
 3    2002, any surcharge imposed under this Act shall  be  imposed
 4    based  upon  the  municipality or county that encompasses the
 5    customer's place of primary use  as  defined  in  the  Mobile
 6    Telecommunications  Sourcing  Conformity  Act.  The surcharge
 7    shall be stated  as  a  separate  item  on  the  subscriber's
 8    monthly  bill.   The  wireless carrier shall begin collecting
 9    the surcharge on  bills  issued  within  90  days  after  the
10    Wireless  Enhanced  9-1-1  Board  sets  the  monthly wireless
11    surcharge.  State and local taxes  shall  not  apply  to  the
12    wireless carrier surcharge.
13        (b)  Except as provided in Section 45, a wireless carrier
14    shall,  within  45 days of collection, remit, either by check
15    or by electronic funds transfer, to the State  Treasurer  the
16    amount  of the wireless carrier surcharge collected from each
17    subscriber.  Of the amounts remitted under  this  subsection,
18    the State Treasurer shall deposit one-third into the Wireless
19    Carrier  Reimbursement  Fund and two-thirds into the Wireless
20    Service Emergency Fund.
21        (c)  The first such remittance by wireless carriers shall
22    include the number of customers by zip code, and the  9-digit
23    zip  code if currently being used or later implemented by the
24    carrier, that shall be the means by which the  Department  of
25    Central  Management  Services  shall  determine distributions
26    from the Wireless Service Emergency Fund.   This  information
27    shall  be  updated  no  less often than every year.  Wireless
28    carriers are not required to remit surcharge moneys that  are
29    billed to subscribers but not yet collected.
30    (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02.)

31        (50 ILCS 751/70)
32        (Section scheduled to be repealed on April 1, 2005)
33        Sec.  70.  Repealer.   This  Act  is repealed on April 1,
 
                            -4-      LRB093 07334 EFG 14172 a
 1    2008 2005.
 2    (Source: P.A. 91-660, eff. 12-22-99.)".