Full Text of SB3265 98th General Assembly
SB3265ham005 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 11/10/2014
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| 1 | | AMENDMENT TO SENATE BILL 3265
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3265 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wireless Emergency Telephone Safety Act is | 5 | | amended 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| 7 | | (Section scheduled to be repealed on July 1, 2015)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
| 10 | | carrier shall impose a monthly wireless carrier surcharge per | 11 | | CMRS connection
that either has a telephone number within an | 12 | | area code assigned to Illinois by
the North American Numbering | 13 | | Plan Administrator or has a billing address in
this State. No
| 14 | | wireless carrier
shall impose the surcharge authorized by this
| 15 | | Section upon any subscriber who is subject to the surcharge | 16 | | imposed by a unit
of local
government
pursuant to Section 45.
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| 1 | | Prior to January 1, 2008 (the effective date of Public Act | 2 | | 95-698), the surcharge amount shall be the amount set by the | 3 | | Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008 | 4 | | (the effective date of Public Act 95-698), the monthly | 5 | | surcharge imposed under this Section shall be $0.73 per CMRS | 6 | | connection. The wireless carrier that provides wireless | 7 | | service to the
subscriber shall collect the surcharge
from the | 8 | | subscriber.
For mobile telecommunications services provided on | 9 | | and after August 1, 2002,
any surcharge imposed under this Act | 10 | | shall be imposed based upon the
municipality or county that | 11 | | encompasses
the customer's place of primary use as defined in | 12 | | the Mobile Telecommunications
Sourcing Conformity Act.
The | 13 | | surcharge shall be stated as a separate item on the
| 14 | | subscriber's monthly bill. The wireless carrier shall begin | 15 | | collecting the
surcharge on bills issued within 90 days after | 16 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 17 | | surcharge. State and local taxes shall not
apply to the | 18 | | wireless carrier surcharge.
| 19 | | (b) Except as provided in Sections 45 and 80, a wireless | 20 | | carrier shall, within 45
days of collection, remit, either by | 21 | | check or by electronic funds transfer, to
the Illinois Commerce | 22 | | Commission for deposit with the State Treasurer the amount of | 23 | | the wireless carrier surcharge collected
from each subscriber.
| 24 | | Of the amounts remitted under this subsection prior to January | 25 | | 1, 2008 (the effective date of Public Act 95-698), and for | 26 | | surcharges imposed before January 1, 2008 (the effective date |
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| 1 | | of Public Act 95-698)
but remitted after January 1, 2008, the | 2 | | State
Treasurer shall deposit one-third into the Wireless | 3 | | Carrier Reimbursement Fund
and two-thirds into the Wireless | 4 | | Service Emergency Fund. For surcharges collected and remitted | 5 | | on or after January 1, 2008 (the effective date of Public Act | 6 | | 95-698), $0.1475 per surcharge collected shall be deposited | 7 | | into the Wireless Carrier Reimbursement Fund, and $0.5825 per | 8 | | surcharge collected shall be deposited into the Wireless | 9 | | Service Emergency Fund. For surcharges collected and remitted | 10 | | on or after July 1, 2014, $0.05 per surcharge collected shall | 11 | | be deposited into the Wireless Carrier Reimbursement Fund, | 12 | | $0.66 per surcharge shall be deposited into the Wireless | 13 | | Service Emergency Fund, and $0.02 per surcharge collected shall | 14 | | be deposited into the Wireless Service Emergency Fund and | 15 | | distributed in equal amounts to each County Emergency Telephone | 16 | | System Board or qualified governmental entity Telephone Boards | 17 | | in counties with a population under 100,000 according to the | 18 | | most recent census data which is authorized by the Illinois | 19 | | Commerce Commission to serve as a primary wireless 9-1-1 public | 20 | | safety answering point for the county and to provide wireless | 21 | | 9-1-1 service as prescribed by subsection (b) of Section 15 of | 22 | | this Act, and which does provide such service . Of the amounts | 23 | | deposited into the Wireless Carrier Reimbursement Fund under | 24 | | this subsection, $0.01 per surcharge collected may be | 25 | | distributed to the carriers to cover their administrative | 26 | | costs. Of the amounts deposited into the Wireless Service |
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| 1 | | Emergency Fund under this subsection, $0.01 per surcharge | 2 | | collected may be disbursed to the Illinois Commerce Commission | 3 | | to cover its administrative costs.
| 4 | | (c)
The first such remittance by wireless carriers shall | 5 | | include the number
of wireless subscribers by zip code, and the | 6 | | 9-digit zip code if currently being used or
later implemented | 7 | | by the carrier, that shall be the means by which the
Illinois | 8 | | Commerce Commission shall determine distributions from
the | 9 | | Wireless Service Emergency Fund.
This information shall be | 10 | | updated no less often than every year. Wireless
carriers are | 11 | | not required to remit surcharge moneys that are billed to
| 12 | | subscribers but not yet collected. Any carrier that fails to | 13 | | provide the zip code information required under this subsection | 14 | | (c) shall be subject to the penalty set forth in subsection (f) | 15 | | of this Section.
| 16 | | (d) Any funds collected under the Prepaid Wireless 9-1-1 | 17 | | Surcharge Act shall be distributed using a prorated method | 18 | | based upon zip code information collected from post-paid | 19 | | wireless carriers under subsection (c) of this Section. | 20 | | (e) If before midnight on the last day of the third | 21 | | calendar month after the closing date of the remit period a | 22 | | wireless carrier does not remit the surcharge or any portion | 23 | | thereof required under this Section, then the surcharge or | 24 | | portion thereof shall be deemed delinquent until paid in full, | 25 | | and the Illinois Commerce Commission may impose a penalty | 26 | | against 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) | 8 | | for a portion of a month during which the carrier provides the | 9 | | number of subscribers by zip code as required under subsection | 10 | | (c) of this Section shall be prorated for each day of that | 11 | | month during which the carrier had not provided the number of | 12 | | subscribers by zip code as required under subsection (c) of | 13 | | this Section. Any penalty imposed under this subsection (e) is | 14 | | in addition to the amount of the delinquency and is in addition | 15 | | to any other penalty imposed under this Section. | 16 | | (f) If, before midnight on the last day of the third | 17 | | calendar month after the closing date of the remit period, a | 18 | | wireless carrier does not provide the number of subscribers by | 19 | | zip code as required under subsection (c) of this Section, then | 20 | | the report is deemed delinquent and the Illinois Commerce | 21 | | Commission may impose a penalty against the carrier in an | 22 | | amount 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) | 5 | | for a portion of a month during which the carrier pays the | 6 | | delinquent amount in full shall be prorated for each day of | 7 | | that month that the delinquent amount was paid in full. A | 8 | | penalty imposed and collected in accordance with subsection (e) | 9 | | or this subsection (f) shall be deposited into the Wireless | 10 | | Service Emergency Fund for distribution according to Section 25 | 11 | | of this Act. Any penalty imposed under this subsection (f) is | 12 | | in addition to any other penalty imposed under this Section. | 13 | | (g) The Illinois Commerce Commission may enforce the | 14 | | collection of any delinquent amount and any penalty due and | 15 | | unpaid under this Section by legal action or in any other | 16 | | manner by which the collection of debts due the State of | 17 | | Illinois may be enforced under the laws of this State. The | 18 | | Executive Director of the Illinois Commerce Commission, or his | 19 | | or her designee, may excuse the payment of any penalty imposed | 20 | | under this Section if the Executive Director, or his or her | 21 | | designee, determines that the enforcement of this penalty is | 22 | | unjust. | 23 | | (h)
Notwithstanding any provision of law to the contrary,
| 24 | | nothing shall impair the right of wireless carriers to recover
| 25 | | compliance costs for all emergency communications services | 26 | | that are not reimbursed out of the Wireless Carrier |
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| 1 | | Reimbursement Fund
directly from their wireless subscribers | 2 | | via line-item charges on the wireless subscriber's
bill. Those | 3 | | compliance costs include all costs
incurred by wireless | 4 | | carriers in complying with local, State,
and federal regulatory | 5 | | or legislative mandates that require the
transmission and | 6 | | receipt of emergency communications to and
from the general | 7 | | public, including, but not limited to, E-911.
| 8 | | (i)
The Auditor General shall conduct, on an annual basis, | 9 | | an audit of the Wireless Service Emergency Fund and the | 10 | | Wireless Carrier Reimbursement Fund for compliance with the | 11 | | requirements of this Act. The audit shall include, but not be | 12 | | limited 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 | 26 | | other entity or person that may have information relevant to |
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| 1 | | the audit shall cooperate fully and promptly with the Office of | 2 | | the Auditor General in conducting the audit. The Auditor | 3 | | General shall commence the audit as soon as possible and | 4 | | distribute the report upon completion in accordance with | 5 | | Section 3-14 of the Illinois State Auditing Act.
| 6 | | (Source: P.A. 97-463, eff. 1-1-12; 98-634, eff. 6-6-14.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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