HB5321 94TH GENERAL ASSEMBLY

LRB094 16880 HLH 52159 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5321

Introduced 01/26/06, by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

50 ILCS 751/17

Amends the Wireless Emergency Telephone Safety Act. Provides that each wireless carrier shall collect a monthly wireless carrier surcharge in the amount of $1.50 (now, in an amount set by the Wireless Enhanced 9-1-1 Board) from the subscriber for each CMRS connection. Authorizes the Wireless Enhanced 9-1-1 Board to increase the amount of the surcharge if it determines that the increase is necessary for the effective provision of 9-1-1 services.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Wireless Emergency Telephone Safety Act is amended by changing Section 17 as follows:

(50 ILCS 751/17)

(Section scheduled to be repealed on April 1, 2008)

Sec. 17. Wireless carrier surcharge.

(a) Except as provided in Section 45, each wireless carrier shall impose a monthly wireless carrier surcharge of $1.50 per CMRS connection that either has a telephone number within an area code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State. In the case of prepaid wireless telephone service, this surcharge shall be remitted based upon the address associated with the point of purchase, the customer billing address, or the location associated with the MTN for each active prepaid wireless telephone that has a sufficient positive balance as of the last day of each month, if that information is available. No wireless carrier shall impose the surcharge authorized by this Section upon any subscriber who is subject to the surcharge imposed by a unit of local government pursuant to Section 45. The wireless carrier that provides wireless service to the subscriber shall collect the surcharge set by the Wireless Enhanced 9-1-1 Board from the subscriber. The Wireless Enhanced 9-1-1 Board may increase the amount of the surcharge if the Board determines that an increase is necessary for the effective provision of 9-1-1 service in accordance with this Act. For mobile telecommunications services provided on and after August 1, 2002, any surcharge imposed under this Act shall be imposed based upon the municipality or county that encompasses the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. The surcharge shall be stated as a separate item on the subscriber's monthly bill. If the Wireless Enhanced 9-1-1 Board increases the surcharge, then the The wireless carrier shall begin collecting the surcharge on bills issued within 90 days after the Wireless Enhanced 9-1-1 Board sets the increase monthly wireless surcharge. State and local taxes shall not apply to the wireless carrier surcharge.

(b) Except as provided in Section 45, a wireless carrier shall, within 45 days of collection, remit, either by check or by electronic funds transfer, to the State Treasurer the amount of the wireless carrier surcharge collected from each subscriber. Of the amounts remitted under this subsection, the State Treasurer shall deposit one-third into the Wireless Carrier Reimbursement Fund and two-thirds into the Wireless Service Emergency Fund.

(c) The first such remittance by wireless carriers shall include the number of customers by zip code, and the 9-digit zip code if currently being used or later implemented by the carrier, that shall be the means by which the Illinois Commerce Commission shall determine distributions from the Wireless Service Emergency Fund. This information shall be updated no less often than every year. Wireless carriers are not required to remit surcharge moneys that are billed to subscribers but not yet collected.

(Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)