Bill Text: IL HB3296 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Wireless Emergency Telephone Safety Act. Provides that the definition of "wireless telephone service" includes wireless enhanced 911 service, wireline enhanced 911 service, interconnected VoIP provider service as defined by the regulations set forth by the Federal Communications Commission, IP-enabled service, and prepaid wireless service. Requires that beginning on July 1, 2013, all public safety answering points must provide Phase II wireless services for at least 50% of their carriers. Further provides that surcharges collected and remitted on or after the effective date of the amendatory Act, shall be deposited into the Wireless Service Emergency Fund, totalling $0.73 per surcharge. Provides that the Wireless Service Emergency Fund is not subject to sweeps that would in any way transfer any funds into any other fund of the State. Removes a provision repealing the Wireless Emergency Telephone Safety Act on April 1, 2013. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3296 Detail]
Download: Illinois-2011-HB3296-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3296
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2 | AMENDMENT NO. ______. Amend House Bill 3296 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Wireless Emergency Telephone Safety Act is | ||||||
5 | amended by changing Section 17 as follows:
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6 | (50 ILCS 751/17)
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7 | (Section scheduled to be repealed on April 1, 2013)
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8 | Sec. 17. Wireless carrier surcharge.
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9 | (a) Except as provided in Section 45, each wireless
carrier | ||||||
10 | shall impose a monthly wireless carrier surcharge per CMRS | ||||||
11 | connection
that either has a telephone number within an area | ||||||
12 | code assigned to Illinois by
the North American Numbering Plan | ||||||
13 | Administrator or has a billing address in
this State.
In the | ||||||
14 | case of prepaid wireless telephone service, this surcharge | ||||||
15 | shall be
remitted based upon the address associated with the | ||||||
16 | point of purchase, the
customer billing
address, or the |
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1 | location associated with the MTN for each active prepaid
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2 | wireless telephone that has a sufficient positive balance
as of | ||||||
3 | the last day of each month, if that information is available. | ||||||
4 | No
wireless carrier
shall impose the surcharge authorized by | ||||||
5 | this
Section upon any subscriber who is subject to the | ||||||
6 | surcharge imposed by a unit
of local
government
pursuant to | ||||||
7 | Section 45.
Prior to January 1, 2008 (the effective date of | ||||||
8 | Public Act 95-698), the surcharge amount shall be the amount | ||||||
9 | set by the Wireless Enhanced 9-1-1 Board. Beginning on January | ||||||
10 | 1, 2008 (the effective date of Public Act 95-698), the monthly | ||||||
11 | surcharge imposed under this Section shall be $0.73 per CMRS | ||||||
12 | connection. The wireless carrier that provides wireless | ||||||
13 | service to the
subscriber shall collect the surcharge
from the | ||||||
14 | subscriber.
For mobile telecommunications services provided on | ||||||
15 | and after August 1, 2002,
any surcharge imposed under this Act | ||||||
16 | shall be imposed based upon the
municipality or county that | ||||||
17 | encompasses
the customer's place of primary use as defined in | ||||||
18 | the Mobile Telecommunications
Sourcing Conformity Act.
The | ||||||
19 | surcharge shall be stated as a separate item on the
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20 | subscriber's monthly bill. The wireless carrier shall begin | ||||||
21 | collecting the
surcharge on bills issued within 90 days after | ||||||
22 | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||||||
23 | surcharge. State and local taxes shall not
apply to the | ||||||
24 | wireless carrier surcharge.
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25 | (b) Except as provided in Section 45, a wireless carrier | ||||||
26 | shall, within 45
days of collection, remit, either by check or |
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1 | by electronic funds transfer, to
the State Treasurer the amount | ||||||
2 | of the wireless carrier surcharge collected
from each | ||||||
3 | subscriber.
Of the amounts remitted under this subsection prior | ||||||
4 | to January 1, 2008 (the effective date of Public Act 95-698), | ||||||
5 | and for surcharges imposed before January 1, 2008 (the | ||||||
6 | effective date of Public Act 95-698)
but remitted after January | ||||||
7 | 1, 2008, the State
Treasurer shall deposit one-third into the | ||||||
8 | Wireless Carrier Reimbursement Fund
and two-thirds into the | ||||||
9 | Wireless Service Emergency Fund. For surcharges collected and | ||||||
10 | remitted on or after the effective date of this amendatory Act | ||||||
11 | of the 97th General Assembly January 1, 2008 (the effective | ||||||
12 | date of Public Act 95-698) , $0.73 $0.1475 per surcharge | ||||||
13 | collected shall be deposited into the Wireless Carrier | ||||||
14 | Reimbursement Fund, and $0.5825 per surcharge collected shall | ||||||
15 | be deposited into the Wireless Service Emergency Fund. Of the | ||||||
16 | amounts deposited into the Wireless Service Emergency Carrier | ||||||
17 | Reimbursement Fund under this subsection, $0.01 per surcharge | ||||||
18 | collected may be distributed to the carriers to cover their | ||||||
19 | administrative costs. Of the amounts deposited into the | ||||||
20 | Wireless Service Emergency Fund under this subsection, $0.01 | ||||||
21 | per surcharge collected may be disbursed to the Illinois | ||||||
22 | Commerce Commission to cover its administrative costs.
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23 | (c)
The first such remittance by wireless carriers shall | ||||||
24 | include the number
of customers by zip code, and the 9-digit | ||||||
25 | zip code if currently being used or
later implemented by the | ||||||
26 | carrier, that shall be the means by which the
Illinois Commerce |
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1 | Commission shall determine distributions from
the Wireless | ||||||
2 | Service Emergency Fund.
This information shall be updated no | ||||||
3 | less often than every year. Wireless
carriers are not required | ||||||
4 | to remit surcharge moneys that are billed to
subscribers but | ||||||
5 | not yet collected. Any carrier that fails to provide the zip | ||||||
6 | code information required under this subsection (c) or any | ||||||
7 | prepaid wireless carrier that fails to provide zip code | ||||||
8 | information based upon the addresses associated with its | ||||||
9 | customers' points of purchase, customers' billing addresses, | ||||||
10 | or locations associated with MTNs, as described in subsection | ||||||
11 | (a) of this Section, shall be subject to the penalty set forth | ||||||
12 | in subsection (f) of this Section.
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13 | (d) Within 90 days after August 13, 2007 (the effective | ||||||
14 | date of Public Act 95-63), each wireless carrier must implement | ||||||
15 | a mechanism for the collection of the surcharge imposed under | ||||||
16 | subsection (a) of this Section from its subscribers. If a | ||||||
17 | wireless carrier does not implement a mechanism for the | ||||||
18 | collection of the surcharge from its subscribers in accordance | ||||||
19 | with this subsection (d), then the carrier is required to remit | ||||||
20 | the surcharge for all subscribers until the carrier is deemed | ||||||
21 | to be in compliance with this subsection (d) by the Illinois | ||||||
22 | Commerce Commission. | ||||||
23 | (e) If before midnight on the last day of the third | ||||||
24 | calendar month after the closing date of the remit period a | ||||||
25 | wireless carrier does not remit the surcharge or any portion | ||||||
26 | thereof required under this Section, then the surcharge or |
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1 | portion thereof shall be deemed delinquent until paid in full, | ||||||
2 | and the Illinois Commerce Commission may impose a penalty | ||||||
3 | against the carrier in an amount equal to the greater of: | ||||||
4 | (1) $25 for each month or portion of a month from the | ||||||
5 | time an amount becomes delinquent until the amount is paid | ||||||
6 | in full; or | ||||||
7 | (2) an amount equal to the product of 1% and the sum of | ||||||
8 | all delinquent amounts for each month or portion of a month | ||||||
9 | that the delinquent amounts remain unpaid. | ||||||
10 | A penalty imposed in accordance with this subsection (e) | ||||||
11 | for a portion of a month during which the carrier provides the | ||||||
12 | number of subscribers by zip code as required under subsection | ||||||
13 | (c) of this Section shall be prorated for each day of that | ||||||
14 | month during which the carrier had not provided the number of | ||||||
15 | subscribers by zip code as required under subsection (c) of | ||||||
16 | this Section. Any penalty imposed under this subsection (e) is | ||||||
17 | in addition to the amount of the delinquency and is in addition | ||||||
18 | to any other penalty imposed under this Section. | ||||||
19 | (f) If, before midnight on the last day of the third | ||||||
20 | calendar month after the closing date of the remit period, a | ||||||
21 | wireless carrier does not provide the number of subscribers by | ||||||
22 | zip code as required under subsection (c) of this Section, then | ||||||
23 | the report is deemed delinquent and the Illinois Commerce | ||||||
24 | Commission may impose a penalty against the carrier in an | ||||||
25 | amount equal to the greater of: | ||||||
26 | (1) $25 for each month or portion of a month that the |
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1 | report is delinquent; or | ||||||
2 | (2) an amount equal to the product of 1/2¢ and the | ||||||
3 | number of subscribers served by the wireless 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. Any | ||||||
8 | penalty imposed under this subsection (f) is in addition to any | ||||||
9 | other penalty imposed under this Section. | ||||||
10 | (g) The Illinois Commerce Commission may enforce the | ||||||
11 | collection of any delinquent amount and any penalty due and | ||||||
12 | unpaid under this Section by legal action or in any other | ||||||
13 | manner by which the collection of debts due the State of | ||||||
14 | Illinois may be enforced under the laws of this State. The | ||||||
15 | Executive Director of the Illinois Commerce Commission, or his | ||||||
16 | or her designee, may excuse the payment of any penalty imposed | ||||||
17 | under this Section if the Executive Director, or his or her | ||||||
18 | designee, determines that the enforcement of this penalty is | ||||||
19 | unjust. | ||||||
20 | (h)
Notwithstanding any provision of law to the contrary,
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21 | nothing shall impair the right of wireless carriers to recover
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22 | compliance costs for all emergency communications services | ||||||
23 | that are not reimbursed out of the Wireless Carrier | ||||||
24 | Reimbursement Fund
directly from their customers via line-item | ||||||
25 | charges on the
customer's bill. Those compliance costs include | ||||||
26 | all costs
incurred by wireless carriers in complying with |
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1 | local, State,
and federal regulatory or legislative mandates | ||||||
2 | that require the
transmission and receipt of emergency | ||||||
3 | communications to and
from the general public, including, but | ||||||
4 | not limited to, E-911.
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5 | (i)
The Auditor General shall conduct, on an annual basis, | ||||||
6 | an audit of the Wireless Service Emergency Fund and the | ||||||
7 | Wireless Carrier Reimbursement Fund for compliance with the | ||||||
8 | requirements of this Act. The audit shall include, but not be | ||||||
9 | limited to, the following determinations:
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10 | (1) Whether the Commission is maintaining detailed | ||||||
11 | records of all receipts and disbursements from the Wireless | ||||||
12 | Carrier Emergency Fund and the Wireless Carrier | ||||||
13 | Reimbursement Fund.
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14 | (2) Whether the Commission's administrative costs | ||||||
15 | charged to the funds are adequately documented and are | ||||||
16 | reasonable.
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17 | (3) Whether the Commission's procedures for making | ||||||
18 | grants and providing reimbursements in accordance with the | ||||||
19 | Act are adequate.
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20 | (4) The status of the implementation of wireless 9-1-1 | ||||||
21 | and E9-1-1 services in Illinois.
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22 | The Commission, the Department of State Police, and any | ||||||
23 | other entity or person that may have information relevant to | ||||||
24 | the audit shall cooperate fully and promptly with the Office of | ||||||
25 | the Auditor General in conducting the audit. The Auditor | ||||||
26 | General shall commence the audit as soon as possible and |
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1 | distribute the report upon completion in accordance with | ||||||
2 | Section 3-14 of the Illinois State Auditing Act.
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3 | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | ||||||
4 | eff. 8-21-08.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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