Rep. John E. Bradley

Filed: 11/6/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3265

2    AMENDMENT NO. ______. Amend Senate Bill 3265 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wireless Emergency Telephone Safety Act is
5amended by changing Section 17 as follows:
 
6    (50 ILCS 751/17)
7    (Section scheduled to be repealed on July 1, 2015)
8    Sec. 17. Wireless carrier surcharge.
9    (a) Except as provided in Sections 45 and 80, each wireless
10carrier shall impose a monthly wireless carrier surcharge per
11CMRS connection that either has a telephone number within an
12area code assigned to Illinois by the North American Numbering
13Plan Administrator or has a billing address in this State. No
14wireless carrier shall impose the surcharge authorized by this
15Section upon any subscriber who is subject to the surcharge
16imposed by a unit of local government pursuant to Section 45.

 

 

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1Prior to January 1, 2008 (the effective date of Public Act
295-698), the surcharge amount shall be the amount set by the
3Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
4(the effective date of Public Act 95-698), the monthly
5surcharge imposed under this Section shall be $0.73 per CMRS
6connection. The wireless carrier that provides wireless
7service to the subscriber shall collect the surcharge from the
8subscriber. For mobile telecommunications services provided on
9and after August 1, 2002, any surcharge imposed under this Act
10shall be imposed based upon the municipality or county that
11encompasses the customer's place of primary use as defined in
12the Mobile Telecommunications Sourcing Conformity Act. The
13surcharge shall be stated as a separate item on the
14subscriber's monthly bill. The wireless carrier shall begin
15collecting the surcharge on bills issued within 90 days after
16the Wireless Enhanced 9-1-1 Board sets the monthly wireless
17surcharge. State and local taxes shall not apply to the
18wireless carrier surcharge.
19    (b) Except as provided in Sections 45 and 80, a wireless
20carrier shall, within 45 days of collection, remit, either by
21check or by electronic funds transfer, to the Illinois Commerce
22Commission for deposit with the State Treasurer the amount of
23the wireless carrier surcharge collected from each subscriber.
24Of the amounts remitted under this subsection prior to January
251, 2008 (the effective date of Public Act 95-698), and for
26surcharges imposed before January 1, 2008 (the effective date

 

 

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1of Public Act 95-698) but remitted after January 1, 2008, the
2State Treasurer shall deposit one-third into the Wireless
3Carrier Reimbursement Fund and two-thirds into the Wireless
4Service Emergency Fund. For surcharges collected and remitted
5on or after January 1, 2008 (the effective date of Public Act
695-698), $0.1475 per surcharge collected shall be deposited
7into the Wireless Carrier Reimbursement Fund, and $0.5825 per
8surcharge collected shall be deposited into the Wireless
9Service Emergency Fund. For surcharges collected and remitted
10on or after July 1, 2014, $0.05 per surcharge collected shall
11be deposited into the Wireless Carrier Reimbursement Fund,
12$0.66 per surcharge shall be deposited into the Wireless
13Service Emergency Fund, and $0.02 per surcharge collected shall
14be deposited into the Wireless Service Emergency Fund and
15distributed in equal amounts to each County Emergency Telephone
16System Board or qualified governmental entity Telephone Boards
17in counties with a population under 100,000 according to the
18most recent census data which is authorized by the Illinois
19Commerce Commission to serve as a primary wireless 9-1-1 public
20safety answering point for the county and to provide wireless
219-1-1 service as prescribed by subsection (b) of Section 15 of
22this Act, and which does provide such service. Of the amounts
23deposited into the Wireless Carrier Reimbursement Fund under
24this subsection, $0.01 per surcharge collected may be
25distributed to the carriers to cover their administrative
26costs. Of the amounts deposited into the Wireless Service

 

 

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1Emergency Fund under this subsection, $0.01 per surcharge
2collected may be disbursed to the Illinois Commerce Commission
3to cover its administrative costs.
4    (c) The first such remittance by wireless carriers shall
5include the number of wireless subscribers by zip code, and the
69-digit zip code if currently being used or later implemented
7by the carrier, that shall be the means by which the Illinois
8Commerce Commission shall determine distributions from the
9Wireless Service Emergency Fund. This information shall be
10updated no less often than every year. Wireless carriers are
11not required to remit surcharge moneys that are billed to
12subscribers but not yet collected. Any carrier that fails to
13provide the zip code information required under this subsection
14(c) shall be subject to the penalty set forth in subsection (f)
15of this Section.
16    (d) Any funds collected under the Prepaid Wireless 9-1-1
17Surcharge Act shall be distributed using a prorated method
18based upon zip code information collected from post-paid
19wireless carriers under subsection (c) of this Section.
20    (e) If before midnight on the last day of the third
21calendar month after the closing date of the remit period a
22wireless carrier does not remit the surcharge or any portion
23thereof required under this Section, then the surcharge or
24portion thereof shall be deemed delinquent until paid in full,
25and the Illinois Commerce Commission may impose a penalty
26against the carrier in an amount equal to the greater of:

 

 

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

 

 

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1    and after July 1, 2014, an amount equal to the product of
2    $0.01 and the number of subscribers served by the wireless
3    carrier.
4    A penalty imposed in accordance with this subsection (f)
5for a portion of a month during which the carrier pays the
6delinquent amount in full shall be prorated for each day of
7that month that the delinquent amount was paid in full. A
8penalty imposed and collected in accordance with subsection (e)
9or this subsection (f) shall be deposited into the Wireless
10Service Emergency Fund for distribution according to Section 25
11of this Act. Any penalty imposed under this subsection (f) is
12in addition to any other penalty imposed under this Section.
13    (g) The Illinois Commerce Commission may enforce the
14collection of any delinquent amount and any penalty due and
15unpaid under this Section by legal action or in any other
16manner by which the collection of debts due the State of
17Illinois may be enforced under the laws of this State. The
18Executive Director of the Illinois Commerce Commission, or his
19or her designee, may excuse the payment of any penalty imposed
20under this Section if the Executive Director, or his or her
21designee, determines that the enforcement of this penalty is
22unjust.
23    (h) Notwithstanding any provision of law to the contrary,
24nothing shall impair the right of wireless carriers to recover
25compliance costs for all emergency communications services
26that are not reimbursed out of the Wireless Carrier

 

 

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1Reimbursement Fund directly from their wireless subscribers
2via line-item charges on the wireless subscriber's bill. Those
3compliance costs include all costs incurred by wireless
4carriers in complying with local, State, and federal regulatory
5or legislative mandates that require the transmission and
6receipt of emergency communications to and from the general
7public, including, but not limited to, E-911.
8    (i) The Auditor General shall conduct, on an annual basis,
9an audit of the Wireless Service Emergency Fund and the
10Wireless Carrier Reimbursement Fund for compliance with the
11requirements of this Act. The audit shall include, but not be
12limited to, the following determinations:
13        (1) Whether the Commission is maintaining detailed
14    records of all receipts and disbursements from the Wireless
15    Carrier Emergency Fund and the Wireless Carrier
16    Reimbursement Fund.
17        (2) Whether the Commission's administrative costs
18    charged to the funds are adequately documented and are
19    reasonable.
20        (3) Whether the Commission's procedures for making
21    grants and providing reimbursements in accordance with the
22    Act are adequate.
23        (4) The status of the implementation of wireless 9-1-1
24    and E9-1-1 services in Illinois.
25    The Commission, the Department of State Police, and any
26other entity or person that may have information relevant to

 

 

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1the audit shall cooperate fully and promptly with the Office of
2the Auditor General in conducting the audit. The Auditor
3General shall commence the audit as soon as possible and
4distribute the report upon completion in accordance with
5Section 3-14 of the Illinois State Auditing Act.
6(Source: P.A. 97-463, eff. 1-1-12; 98-634, eff. 6-6-14.)".