SB3265 EnrolledLRB098 19701 JLK 54912 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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7    (Section scheduled to be repealed on July 1, 2015)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.
17Prior to January 1, 2008 (the effective date of Public Act
1895-698), the surcharge amount shall be the amount set by the
19Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
20(the effective date of Public Act 95-698), the monthly
21surcharge imposed under this Section shall be $0.73 per CMRS
22connection. The wireless carrier that provides wireless
23service to the subscriber shall collect the surcharge from the

 

 

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1subscriber. For mobile telecommunications services provided on
2and after August 1, 2002, any surcharge imposed under this Act
3shall be imposed based upon the municipality or county that
4encompasses the customer's place of primary use as defined in
5the Mobile Telecommunications Sourcing Conformity Act. The
6surcharge shall be stated as a separate item on the
7subscriber's monthly bill. The wireless carrier shall begin
8collecting the surcharge on bills issued within 90 days after
9the Wireless Enhanced 9-1-1 Board sets the monthly wireless
10surcharge. State and local taxes shall not apply to the
11wireless carrier surcharge.
12    (b) Except as provided in Sections 45 and 80, a wireless
13carrier shall, within 45 days of collection, remit, either by
14check or by electronic funds transfer, to the Illinois Commerce
15Commission for deposit with the State Treasurer the amount of
16the wireless carrier surcharge collected from each subscriber.
17Of the amounts remitted under this subsection prior to January
181, 2008 (the effective date of Public Act 95-698), and for
19surcharges imposed before January 1, 2008 (the effective date
20of Public Act 95-698) but remitted after January 1, 2008, the
21State Treasurer shall deposit one-third into the Wireless
22Carrier Reimbursement Fund and two-thirds into the Wireless
23Service Emergency Fund. For surcharges collected and remitted
24on or after January 1, 2008 (the effective date of Public Act
2595-698), $0.1475 per surcharge collected shall be deposited
26into the Wireless Carrier Reimbursement Fund, and $0.5825 per

 

 

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1surcharge collected shall be deposited into the Wireless
2Service Emergency Fund. For surcharges collected and remitted
3on or after July 1, 2014, $0.05 per surcharge collected shall
4be deposited into the Wireless Carrier Reimbursement Fund,
5$0.66 per surcharge shall be deposited into the Wireless
6Service Emergency Fund, and $0.02 per surcharge collected shall
7be deposited into the Wireless Service Emergency Fund and
8distributed in equal amounts to each County Emergency Telephone
9System Board or qualified governmental entity Telephone Boards
10in counties with a population under 100,000 according to the
11most recent census data which is authorized by the Illinois
12Commerce Commission to serve as a primary wireless 9-1-1 public
13safety answering point for the county and to provide wireless
149-1-1 service as prescribed by subsection (b) of Section 15 of
15this Act, and which does provide such service. Of the amounts
16deposited into the Wireless Carrier Reimbursement Fund under
17this subsection, $0.01 per surcharge collected may be
18distributed to the carriers to cover their administrative
19costs. Of the amounts deposited into the Wireless Service
20Emergency Fund under this subsection, $0.01 per surcharge
21collected may be disbursed to the Illinois Commerce Commission
22to cover its administrative costs.
23    (c) The first such remittance by wireless carriers shall
24include the number of wireless subscribers by zip code, and the
259-digit zip code if currently being used or later implemented
26by the carrier, that shall be the means by which the Illinois

 

 

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1Commerce Commission shall determine distributions from the
2Wireless Service Emergency Fund. This information shall be
3updated no less often than every year. Wireless carriers are
4not required to remit surcharge moneys that are billed to
5subscribers but not yet collected. Any carrier that fails to
6provide the zip code information required under this subsection
7(c) shall be subject to the penalty set forth in subsection (f)
8of this Section.
9    (d) Any funds collected under the Prepaid Wireless 9-1-1
10Surcharge Act shall be distributed using a prorated method
11based upon zip code information collected from post-paid
12wireless carriers under subsection (c) of this Section.
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. On
20    and after July 1, 2014, an amount equal to the product of
21    $0.01 and the number of subscribers served by the wireless
22    carrier.
23    A penalty imposed in accordance with this subsection (f)
24for a portion of a month during which the carrier pays the
25delinquent amount in full shall be prorated for each day of
26that month that the delinquent amount was paid in full. A

 

 

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

 

 

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1    (i) The Auditor General shall conduct, on an annual basis,
2an audit of the Wireless Service Emergency Fund and the
3Wireless Carrier Reimbursement Fund for compliance with the
4requirements of this Act. The audit shall include, but not be
5limited to, the following determinations:
6        (1) Whether the Commission is maintaining detailed
7    records of all receipts and disbursements from the Wireless
8    Carrier Emergency Fund and the Wireless Carrier
9    Reimbursement Fund.
10        (2) Whether the Commission's administrative costs
11    charged to the funds are adequately documented and are
12    reasonable.
13        (3) Whether the Commission's procedures for making
14    grants and providing reimbursements in accordance with the
15    Act are adequate.
16        (4) The status of the implementation of wireless 9-1-1
17    and E9-1-1 services in Illinois.
18    The Commission, the Department of State Police, and any
19other entity or person that may have information relevant to
20the audit shall cooperate fully and promptly with the Office of
21the Auditor General in conducting the audit. The Auditor
22General shall commence the audit as soon as possible and
23distribute the report upon completion in accordance with
24Section 3-14 of the Illinois State Auditing Act.
25(Source: P.A. 97-463, eff. 1-1-12; 98-634, eff. 6-6-14.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.