Rep. Brandon W. Phelps
Filed: 5/29/2017
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1 | AMENDMENT TO SENATE BILL 1839
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2 | AMENDMENT NO. ______. Amend Senate Bill 1839 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Emergency Telephone System Act is amended | ||||||
5 | by changing Sections 15.3, 15.3a, and 99 as follows:
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6 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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7 | (Section scheduled to be repealed on July 1, 2017)
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8 | Sec. 15.3. Local non-wireless surcharge. | ||||||
9 | (a) Except as provided in subsection (l) of this Section, | ||||||
10 | the corporate authorities of any municipality or any
county | ||||||
11 | may, subject to the limitations of subsections (c), (d), and | ||||||
12 | (h),
and in addition to any tax levied pursuant to the | ||||||
13 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
14 | monthly surcharge on billed subscribers
of network connection | ||||||
15 | provided by telecommunication carriers engaged in the
business | ||||||
16 | of transmitting messages by means of electricity originating |
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1 | within
the corporate limits of the municipality or county | ||||||
2 | imposing the surcharge at
a rate per network connection | ||||||
3 | determined in accordance with subsection (c), however the | ||||||
4 | monthly surcharge shall not apply to a network connection | ||||||
5 | provided for use with pay telephone services.
Provided, | ||||||
6 | however, that where multiple voice grade communications | ||||||
7 | channels
are connected between the subscriber's premises and a | ||||||
8 | public switched network
through private branch exchange (PBX) | ||||||
9 | or centrex type service, a municipality
imposing a surcharge at | ||||||
10 | a rate per network connection, as determined in
accordance with | ||||||
11 | this Act, shall impose: | ||||||
12 | (i) in a municipality with a population of 500,000 or | ||||||
13 | less or in any county, 5 such surcharges per network
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14 | connection, as determined in accordance with Section 2 | ||||||
15 | subsections (a) and (d) of
Section 2.12 of this Act, for | ||||||
16 | both regular service and advanced service provisioned | ||||||
17 | trunk lines; | ||||||
18 | (ii) in a municipality with a population, prior to | ||||||
19 | March 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
20 | connection, as determined in accordance
with Section 2 | ||||||
21 | subsections (a) and (d) of Section 2.12 of this Act, for | ||||||
22 | both regular service and advanced
service provisioned | ||||||
23 | trunk lines; | ||||||
24 | (iii) in a municipality with a population, as of March | ||||||
25 | 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
26 | connection, as determined in
accordance with Section 2 |
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1 | subsections (a) and (d) of Section 2.12 of this Act, for | ||||||
2 | regular service
provisioned trunk lines, and 12 surcharges | ||||||
3 | per network connection, as determined in accordance
with | ||||||
4 | Section 2 subsections (a) and (d) of Section 2.12 of this | ||||||
5 | Act, for advanced service provisioned trunk
lines, except | ||||||
6 | where an advanced service provisioned trunk line supports | ||||||
7 | at least 2 but fewer
than 23 simultaneous voice grade calls | ||||||
8 | ("VGC's"), a telecommunication carrier may
elect to impose | ||||||
9 | fewer than 12 surcharges per trunk line as provided in | ||||||
10 | subsection (iv)
of this Section; or | ||||||
11 | (iv) for an advanced service provisioned trunk line | ||||||
12 | connected between the
subscriber's premises and the public | ||||||
13 | switched network through a P.B.X., where the advanced
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14 | service provisioned trunk line is capable of transporting | ||||||
15 | at least 2 but fewer than 23
simultaneous VGC's per trunk | ||||||
16 | line, the telecommunications carrier collecting the | ||||||
17 | surcharge
may elect to impose surcharges in accordance with | ||||||
18 | the table provided in this Section, without limiting
any | ||||||
19 | telecommunications carrier's obligations to otherwise keep | ||||||
20 | and maintain records. Any
telecommunications carrier | ||||||
21 | electing to impose fewer than 12 surcharges per an advanced
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22 | service provisioned trunk line shall keep and maintain | ||||||
23 | records adequately to demonstrate the
VGC capability of | ||||||
24 | each advanced service provisioned trunk line with fewer | ||||||
25 | than 12
surcharges imposed, provided that 12 surcharges | ||||||
26 | shall be imposed on an advanced service
provisioned trunk |
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1 | line regardless of the VGC capability where a | |||||||||||||||||||||
2 | telecommunications carrier
cannot demonstrate the VGC | |||||||||||||||||||||
3 | capability of the advanced service provisioned trunk line.
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8 | Subsections (i), (ii), (iii), and (iv) are not intended to | |||||||||||||||||||||
9 | make any change in the meaning of this Section, but are | |||||||||||||||||||||
10 | intended to remove possible ambiguity, thereby confirming the | |||||||||||||||||||||
11 | intent of paragraph (a) as it existed prior to and following | |||||||||||||||||||||
12 | the effective date of this amendatory Act of the 97th General | |||||||||||||||||||||
13 | Assembly. | |||||||||||||||||||||
14 | For mobile telecommunications services, if a surcharge is | |||||||||||||||||||||
15 | imposed it shall be
imposed based upon the municipality or | |||||||||||||||||||||
16 | county that encompasses the customer's
place of primary use as | |||||||||||||||||||||
17 | defined in the Mobile Telecommunications Sourcing
Conformity | |||||||||||||||||||||
18 | Act. A municipality may enter into an intergovernmental
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19 | agreement with any county in which it is partially located, | |||||||||||||||||||||
20 | when the county
has adopted an ordinance to impose a surcharge | |||||||||||||||||||||
21 | as provided in subsection
(c), to include that portion of the | |||||||||||||||||||||
22 | municipality lying outside the county
in that county's | |||||||||||||||||||||
23 | surcharge referendum. If the county's surcharge
referendum is | |||||||||||||||||||||
24 | approved, the portion of the municipality identified in the
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1 | intergovernmental agreement shall automatically be | ||||||
2 | disconnected from the
county in which it lies and connected to | ||||||
3 | the county which approved the
referendum for purposes of a | ||||||
4 | surcharge on telecommunications carriers.
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5 | (b) For purposes of computing the surcharge imposed by | ||||||
6 | subsection (a),
the network connections to which the surcharge | ||||||
7 | shall apply shall be those
in-service network connections, | ||||||
8 | other than those network connections
assigned to the | ||||||
9 | municipality or county, where the service address for each
such | ||||||
10 | network connection or connections is located within the | ||||||
11 | corporate
limits of the municipality or county levying the | ||||||
12 | surcharge. Except for mobile
telecommunication services, the | ||||||
13 | "service address" shall mean the location of
the primary use of | ||||||
14 | the network connection or connections. For mobile
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15 | telecommunication services, "service address" means the | ||||||
16 | customer's place of
primary use as defined in the Mobile | ||||||
17 | Telecommunications Sourcing Conformity
Act.
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18 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
19 | under this
Section the clerk of the municipality or county | ||||||
20 | shall certify the question
of whether the surcharge may be | ||||||
21 | imposed to the proper election authority
who shall submit the | ||||||
22 | public question to the electors of the municipality or
county | ||||||
23 | in accordance with the general election law; provided that such
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24 | question shall not be submitted at a consolidated primary | ||||||
25 | election. The
public question shall be in substantially the | ||||||
26 | following form:
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1 | -------------------------------------------------------------
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2 | Shall the county (or city, village
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3 | or incorporated town) of ..... impose YES
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4 | a surcharge of up to ...ยข per month per
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5 | network connection, which surcharge will
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6 | be added to the monthly bill you receive ------------------
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7 | for telephone or telecommunications
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8 | charges, for the purpose of installing
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9 | (or improving) a 9-1-1 Emergency NO
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10 | Telephone System?
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11 | -------------------------------------------------------------
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12 | If a majority of the votes cast upon the public question | ||||||
13 | are in favor
thereof, the surcharge shall be imposed.
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14 | However, if a Joint Emergency Telephone System Board is to | ||||||
15 | be created
pursuant to an intergovernmental agreement under | ||||||
16 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
17 | subject to the approval of a
majority of the total number of | ||||||
18 | votes cast upon the public question by the
electors of all of | ||||||
19 | the municipalities or counties, or combination thereof,
that | ||||||
20 | are parties to the intergovernmental agreement.
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21 | The referendum requirement of this subsection (c) shall not | ||||||
22 | apply
to any municipality with a population over 500,000 or to | ||||||
23 | any
county in which a proposition as to whether a sophisticated | ||||||
24 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
25 | county, at a cost not to
exceed a specified monthly amount per | ||||||
26 | network connection, has previously
been approved by a majority |
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1 | of the electors of the county voting on the
proposition at an | ||||||
2 | election conducted before the effective date of this
amendatory | ||||||
3 | Act of 1987.
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4 | (d) A county may not impose a surcharge, unless requested | ||||||
5 | by a
municipality, in any incorporated area which has | ||||||
6 | previously approved a
surcharge as provided in subsection (c) | ||||||
7 | or in any incorporated area where
the corporate authorities of | ||||||
8 | the municipality have previously entered into
a binding | ||||||
9 | contract or letter of intent with a telecommunications carrier | ||||||
10 | to
provide sophisticated 9-1-1 service through municipal | ||||||
11 | funds.
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12 | (e) A municipality or county may at any time by ordinance | ||||||
13 | change the
rate of the surcharge imposed under this Section if | ||||||
14 | the new rate does not
exceed the rate specified in the | ||||||
15 | referendum held pursuant to subsection (c).
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16 | (f) The surcharge authorized by this Section shall be | ||||||
17 | collected from
the subscriber by the telecommunications | ||||||
18 | carrier providing the subscriber
the network connection as a | ||||||
19 | separately stated item on the subscriber's bill.
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20 | (g) The amount of surcharge collected by the | ||||||
21 | telecommunications carrier
shall be paid to the particular | ||||||
22 | municipality or county or Joint Emergency
Telephone System | ||||||
23 | Board not later than 30 days after the surcharge is
collected, | ||||||
24 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
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25 | charges then due the particular telecommunications carrier, as | ||||||
26 | shown on an
itemized bill. The telecommunications carrier |
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1 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
2 | the gross amount of surcharge
collected to reimburse the | ||||||
3 | telecommunications carrier for the expense of
accounting and | ||||||
4 | collecting the surcharge.
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5 | (h) Except as expressly provided in subsection (a) of this | ||||||
6 | Section, on or after the effective date of this amendatory Act | ||||||
7 | of the 98th General Assembly and until December 31, 2020 July | ||||||
8 | 1, 2017 , a municipality with a population of 500,000 or more | ||||||
9 | shall not impose a monthly surcharge per network connection in | ||||||
10 | excess of the highest monthly surcharge imposed as of January | ||||||
11 | 1, 2014 by any county or municipality under subsection (c) of | ||||||
12 | this Section. On or after December 31, 2020 July 1, 2017 , a
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13 | municipality with a population over 500,000 may not impose a
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14 | monthly surcharge in excess of $2.50
per network connection.
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15 | (i) Any municipality or county or joint emergency telephone | ||||||
16 | system
board that has imposed a surcharge pursuant to this | ||||||
17 | Section prior to the
effective date of this amendatory Act of | ||||||
18 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
19 | subsection (b) of this Section.
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20 | (j) The corporate authorities of any municipality or county | ||||||
21 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
22 | other obligations secured
in whole or in part by the proceeds | ||||||
23 | of the surcharge described in this
Section.
The State of | ||||||
24 | Illinois pledges and agrees that it will not limit or alter
the | ||||||
25 | rights and powers vested in municipalities and counties by this | ||||||
26 | Section
to impose the surcharge so as to impair the terms of or |
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1 | affect the
security for bonds, notes or other obligations | ||||||
2 | secured in whole or in part
with the proceeds of the surcharge | ||||||
3 | described in this Section. The pledge and agreement set forth | ||||||
4 | in this Section survive the termination of the surcharge under | ||||||
5 | subsection (l) by virtue of the replacement of the surcharge | ||||||
6 | monies guaranteed under Section 20; the State of Illinois | ||||||
7 | pledges and agrees that it will not limit or alter the rights | ||||||
8 | vested in municipalities and counties to the surcharge | ||||||
9 | replacement funds guaranteed under Section 20 so as to impair | ||||||
10 | the terms of or affect the security for bonds, notes or other | ||||||
11 | obligations secured in whole or in part with the proceeds of | ||||||
12 | the surcharge described in this Section.
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13 | (k) Any surcharge collected by or imposed on a | ||||||
14 | telecommunications
carrier pursuant to this Section shall be | ||||||
15 | held to be a special fund in
trust for the municipality, county | ||||||
16 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
17 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
18 | the special fund shall not be subject to the claims of
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19 | creditors of the telecommunication carrier.
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20 | (l) On and after the effective date of this amendatory Act | ||||||
21 | of the 99th General Assembly, no county or municipality, other | ||||||
22 | than a municipality with a population over 500,000, may impose | ||||||
23 | a monthly surcharge under this Section in excess of the amount | ||||||
24 | imposed by it on the effective date of this Act. Any surcharge | ||||||
25 | imposed pursuant to this Section by a county or municipality, | ||||||
26 | other than a municipality with a population in excess of |
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1 | 500,000, shall cease to be imposed on January 1, 2016. | ||||||
2 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
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3 | (50 ILCS 750/15.3a) | ||||||
4 | (Section scheduled to be repealed on July 1, 2017) | ||||||
5 | Sec. 15.3a. Local wireless surcharge. | ||||||
6 | (a) Notwithstanding any other provision of this Act, a unit | ||||||
7 | of local government or emergency telephone system board | ||||||
8 | providing wireless 9-1-1 service and imposing and collecting a | ||||||
9 | wireless carrier surcharge prior to July 1, 1998 may continue | ||||||
10 | its practices of imposing and collecting its wireless carrier | ||||||
11 | surcharge, but, except as provided in subsection (b) of this | ||||||
12 | Section, in no event shall that monthly surcharge exceed $2.50 | ||||||
13 | per commercial mobile radio service (CMRS) connection or | ||||||
14 | in-service telephone number billed on a monthly basis. For | ||||||
15 | mobile telecommunications services provided on and after | ||||||
16 | August 1, 2002, any surcharge imposed shall be imposed based | ||||||
17 | upon the municipality or county that encompasses the customer's | ||||||
18 | place of primary use as defined in the Mobile | ||||||
19 | Telecommunications Sourcing Conformity Act. | ||||||
20 | (b) Until December 31, 2020 July 1, 2017 , the corporate | ||||||
21 | authorities of a municipality with a population in excess of | ||||||
22 | 500,000 on the effective date of this amendatory Act of the | ||||||
23 | 99th General Assembly may by ordinance continue to impose and | ||||||
24 | collect a monthly surcharge per commercial mobile radio service | ||||||
25 | (CMRS) connection or in-service telephone number billed on a |
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1 | monthly basis that does not exceed the highest monthly | ||||||
2 | surcharge imposed as of January 1, 2014 by any county or | ||||||
3 | municipality under subsection (c) of Section 15.3 of this Act. | ||||||
4 | On or after December 31, 2020 July 1, 2017 , the municipality | ||||||
5 | may continue imposing and collecting its wireless carrier | ||||||
6 | surcharge as provided in and subject to the limitations of | ||||||
7 | subsection (a) of this Section. | ||||||
8 | (c) In addition to any other lawful purpose, a municipality | ||||||
9 | with a population over 500,000 may use the moneys collected | ||||||
10 | under this Section for any anti-terrorism or emergency | ||||||
11 | preparedness measures, including, but not limited to, | ||||||
12 | preparedness planning, providing local matching funds for | ||||||
13 | federal or State grants, personnel training, and specialized | ||||||
14 | equipment, including surveillance cameras, as needed to deal | ||||||
15 | with natural and terrorist-inspired emergency situations or | ||||||
16 | events.
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17 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
18 | (50 ILCS 750/99) | ||||||
19 | (Section scheduled to be repealed on July 1, 2017) | ||||||
20 | Sec. 99. Repealer. This Act is repealed on December 31, | ||||||
21 | 2020 July 1, 2017 .
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22 | (Source: P.A. 99-6, eff. 6-29-15.) | ||||||
23 | Section 15. The Prepaid Wireless 9-1-1 Surcharge Act is | ||||||
24 | amended by changing Section 15 as follows: |
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1 | (50 ILCS 753/15)
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2 | Sec. 15. Prepaid wireless 9-1-1 surcharge. | ||||||
3 | (a) Until September 30, 2015, there is hereby imposed on | ||||||
4 | consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail | ||||||
5 | transaction. Beginning October 1, 2015, the prepaid wireless | ||||||
6 | 9-1-1 surcharge shall be 3% per retail transaction.
The | ||||||
7 | surcharge authorized by this subsection (a) does not apply in a | ||||||
8 | home rule municipality having a population in excess of | ||||||
9 | 500,000. | ||||||
10 | (a-5) On or after the effective date of this amendatory Act | ||||||
11 | of the 98th General Assembly and until December 31, 2020 July | ||||||
12 | 1, 2017, a home rule municipality having a population in excess | ||||||
13 | of 500,000 on the effective date of this amendatory Act may | ||||||
14 | impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per | ||||||
15 | retail transaction sourced to that jurisdiction and collected | ||||||
16 | and remitted in accordance with the provisions of subsection | ||||||
17 | (b-5) of this Section. On or after December 31, 2020 July 1, | ||||||
18 | 2017 , a home rule municipality having a population in excess of | ||||||
19 | 500,000 on the effective date of this Act may only impose a | ||||||
20 | prepaid wireless 9-1-1 surcharge not to exceed 7% per retail | ||||||
21 | transaction sourced to that jurisdiction and collected and | ||||||
22 | remitted in accordance with the provisions of subsection (b-5). | ||||||
23 | (b) The prepaid wireless 9-1-1 surcharge shall be collected | ||||||
24 | by the seller from the consumer with respect to each retail | ||||||
25 | transaction occurring in this State and shall be remitted to |
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1 | the Department by the seller as provided in this Act. The | ||||||
2 | amount of the prepaid wireless 9-1-1 surcharge shall be | ||||||
3 | separately stated as a distinct item apart from the charge for | ||||||
4 | the prepaid wireless telecommunications service on an invoice, | ||||||
5 | receipt, or other similar document that is provided to the | ||||||
6 | consumer by the seller or shall be otherwise disclosed to the | ||||||
7 | consumer.
If the seller does not separately state the surcharge | ||||||
8 | as a distinct item to the consumer as provided in this Section, | ||||||
9 | then the seller shall maintain books and records as required by | ||||||
10 | this Act which clearly identify the amount of the 9-1-1 | ||||||
11 | surcharge for retail transactions. | ||||||
12 | For purposes of this subsection (b), a retail transaction | ||||||
13 | occurs in this State if (i) the retail transaction is made in | ||||||
14 | person by a consumer at the seller's business location and the | ||||||
15 | business is located within the State; (ii) the seller is a | ||||||
16 | provider and sells prepaid wireless telecommunications service | ||||||
17 | to a consumer located in Illinois; (iii) the retail transaction | ||||||
18 | is treated as occurring in this State for purposes of the | ||||||
19 | Retailers' Occupation Tax Act; or (iv) a seller that is | ||||||
20 | included within the definition of a "retailer maintaining a | ||||||
21 | place of business in this State" under Section 2 of the Use Tax | ||||||
22 | Act makes a sale of prepaid wireless telecommunications service | ||||||
23 | to a consumer located in Illinois. In the case of a retail | ||||||
24 | transaction which does not occur in person at a seller's | ||||||
25 | business location, if a consumer uses a credit card to purchase | ||||||
26 | prepaid wireless telecommunications service on-line or over |
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1 | the telephone, and no product is shipped to the consumer, the | ||||||
2 | transaction occurs in this State if the billing address for the | ||||||
3 | consumer's credit card is in this State. | ||||||
4 | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
5 | subsection (a-5) of this Section shall be collected by the | ||||||
6 | seller from the consumer with respect to each retail | ||||||
7 | transaction occurring in the municipality imposing the | ||||||
8 | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||||||
9 | shall be separately stated on an invoice, receipt, or other | ||||||
10 | similar document that is provided to the consumer by the seller | ||||||
11 | or shall be otherwise disclosed to the consumer. If the seller | ||||||
12 | does not separately state the surcharge as a distinct item to | ||||||
13 | the consumer as provided in this Section, then the seller shall | ||||||
14 | maintain books and records as required by this Act which | ||||||
15 | clearly identify the amount of the 9-1-1 surcharge for retail | ||||||
16 | transactions. | ||||||
17 | For purposes of this subsection (b-5), a retail transaction | ||||||
18 | occurs in the municipality if (i) the retail transaction is | ||||||
19 | made in person by a consumer at the seller's business location | ||||||
20 | and the business is located within the municipality; (ii) the | ||||||
21 | seller is a provider and sells prepaid wireless | ||||||
22 | telecommunications service to a consumer located in the | ||||||
23 | municipality; (iii) the retail transaction is treated as | ||||||
24 | occurring in the municipality for purposes of the Retailers' | ||||||
25 | Occupation Tax Act; or (iv) a seller that is included within | ||||||
26 | the definition of a "retailer maintaining a place of business |
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1 | in this State" under Section 2 of the Use Tax Act makes a sale | ||||||
2 | of prepaid wireless telecommunications service to a consumer | ||||||
3 | located in the municipality. In the case of a retail | ||||||
4 | transaction which does not occur in person at a seller's | ||||||
5 | business location, if a consumer uses a credit card to purchase | ||||||
6 | prepaid wireless telecommunications service on-line or over | ||||||
7 | the telephone, and no product is shipped to the consumer, the | ||||||
8 | transaction occurs in the municipality if the billing address | ||||||
9 | for the consumer's credit card is in the municipality. | ||||||
10 | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||||||
11 | consumer and not on any provider. The seller shall be liable to | ||||||
12 | remit all prepaid wireless 9-1-1 surcharges that the seller | ||||||
13 | collects from consumers as provided in Section 20, including | ||||||
14 | all such surcharges that the seller is deemed to collect where | ||||||
15 | the amount of the surcharge has not been separately stated on | ||||||
16 | an invoice, receipt, or other similar document provided to the | ||||||
17 | consumer by the seller.
The surcharge collected or deemed | ||||||
18 | collected by a seller shall constitute a debt owed by the | ||||||
19 | seller to this State, and any such surcharge actually collected | ||||||
20 | shall be held in trust for the benefit of the Department. | ||||||
21 | For purposes of this subsection (c), the surcharge shall | ||||||
22 | not be imposed or collected from entities that have an active | ||||||
23 | tax exemption identification number issued by the Department | ||||||
24 | under Section 1g of the Retailers' Occupation Tax Act. | ||||||
25 | (d) The amount of the prepaid wireless 9-1-1 surcharge that | ||||||
26 | is collected by a seller from a consumer, if such amount is |
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1 | separately stated on an invoice, receipt, or other similar | ||||||
2 | document provided to the consumer by the seller, shall not be | ||||||
3 | included in the base for measuring any tax, fee, surcharge, or | ||||||
4 | other charge that is imposed by this State, any political | ||||||
5 | subdivision of this State, or any intergovernmental agency.
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6 | (e) (Blank).
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7 | (e-5) Any changes in the rate of the surcharge imposed by a | ||||||
8 | municipality under the authority granted in subsection (a-5) of | ||||||
9 | this Section shall be effective on the first day of the first | ||||||
10 | calendar month to occur at least 60 days after the enactment of | ||||||
11 | the change. The Department shall provide not less than 30 days' | ||||||
12 | notice of the increase or reduction in the rate of such | ||||||
13 | surcharge on the Department's website. | ||||||
14 | (f) When prepaid wireless telecommunications service is | ||||||
15 | sold with one or more other products or services for a single, | ||||||
16 | non-itemized price, then the percentage specified in | ||||||
17 | subsection (a) or (a-5) of this Section 15 shall be applied to | ||||||
18 | the entire non-itemized price unless the seller elects to apply | ||||||
19 | the percentage to (i) the dollar amount of the prepaid wireless | ||||||
20 | telecommunications service if that dollar amount is disclosed | ||||||
21 | to the consumer or (ii) the portion of the price that is | ||||||
22 | attributable to the prepaid wireless telecommunications | ||||||
23 | service if the retailer can identify that portion by reasonable | ||||||
24 | and verifiable standards from its books and records that are | ||||||
25 | kept in the regular course of business for other purposes, | ||||||
26 | including, but not limited to, books and records that are kept |
| |||||||
| |||||||
1 | for non-tax purposes. However, if a minimal amount of prepaid | ||||||
2 | wireless telecommunications service is sold with a prepaid | ||||||
3 | wireless device for a single, non-itemized price, then the | ||||||
4 | seller may elect not to apply the percentage specified in | ||||||
5 | subsection (a) or (a-5) of this Section 15 to such transaction. | ||||||
6 | For purposes of this subsection, an amount of service | ||||||
7 | denominated as 10 minutes or less or $5 or less is considered | ||||||
8 | minimal.
| ||||||
9 | (g) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
10 | subsections (a) and (a-5) of this Section is not imposed on the | ||||||
11 | provider or the consumer for wireless Lifeline service where | ||||||
12 | the consumer does not pay the provider for the service. Where | ||||||
13 | the consumer purchases from the provider optional minutes, | ||||||
14 | texts, or other services in addition to the federally funded | ||||||
15 | Lifeline benefit, a consumer must pay the prepaid wireless | ||||||
16 | 9-1-1 surcharge, and it must be collected by the seller | ||||||
17 | according to subsection (b-5). | ||||||
18 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.) | ||||||
19 | Section 20. The Public Utilities Act is amended by changing | ||||||
20 | Sections 13-1200, 21-1601, 21-401, and 21-1601 as follows: | ||||||
21 | (220 ILCS 5/13-1200) | ||||||
22 | (Section scheduled to be repealed on July 1, 2017) | ||||||
23 | Sec. 13-1200. Repealer. This Article is repealed December | ||||||
24 | 31, 2020 July 1, 2017 . |
| |||||||
| |||||||
1 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||||||
2 | (220 ILCS 5/21-401) | ||||||
3 | (Section scheduled to be repealed on July 1, 2017) | ||||||
4 | Sec. 21-401. Applications. | ||||||
5 | (a)(1) A person or entity seeking to provide cable service | ||||||
6 | or video service pursuant to this Article shall not use the | ||||||
7 | public rights-of-way for the installation or construction of | ||||||
8 | facilities for the provision of cable service or video service | ||||||
9 | or offer cable service or video service until it has obtained a | ||||||
10 | State-issued authorization to offer or provide cable or video | ||||||
11 | service under this Section, except as provided for in item (2) | ||||||
12 | of this subsection (a). All cable or video providers offering | ||||||
13 | or providing service in this State shall have authorization | ||||||
14 | pursuant to either (i) the Cable and Video Competition Law of | ||||||
15 | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the | ||||||
16 | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | ||||||
17 | 5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||||||
18 | (2) Nothing in this Section shall prohibit a local unit of | ||||||
19 | government from granting a permit to a person or entity for the | ||||||
20 | use of the public rights-of-way to install or construct | ||||||
21 | facilities to provide cable service or video service, at its | ||||||
22 | sole discretion. No unit of local government shall be liable | ||||||
23 | for denial or delay of a permit prior to the issuance of a | ||||||
24 | State-issued authorization. | ||||||
25 | (b) The application to the Commission for State-issued |
| |||||||
| |||||||
1 | authorization shall contain a completed affidavit submitted by | ||||||
2 | the applicant and signed by an officer or general partner of | ||||||
3 | the applicant affirming all of the following: | ||||||
4 | (1) That the applicant has filed or will timely file | ||||||
5 | with the Federal Communications Commission all forms | ||||||
6 | required by that agency in advance of offering cable | ||||||
7 | service or video service in this State. | ||||||
8 | (2) That the applicant agrees to comply with all | ||||||
9 | applicable federal and State statutes and regulations. | ||||||
10 | (3) That the applicant agrees to comply with all | ||||||
11 | applicable local unit of government regulations. | ||||||
12 | (4) An exact description of the cable service or video | ||||||
13 | service area where the cable service or video service will | ||||||
14 | be offered during the term of the State-issued | ||||||
15 | authorization. The service area shall be identified in | ||||||
16 | terms of either (i) exchanges, as that term is defined in | ||||||
17 | Section 13-206 of this Act; (ii) a collection of United | ||||||
18 | States Census Bureau Block numbers (13 digit); (iii) if the | ||||||
19 | area is smaller than the areas identified in either (i) or | ||||||
20 | (ii), by geographic information system digital boundaries | ||||||
21 | meeting or exceeding national map accuracy standards; or | ||||||
22 | (iv) local unit of government. The description shall | ||||||
23 | include the number of low-income households within the | ||||||
24 | service area or footprint. If an applicant is an incumbent | ||||||
25 | cable operator, the incumbent cable operator and any | ||||||
26 | successor-in-interest shall be obligated to provide access |
| |||||||
| |||||||
1 | to cable services or video services within any local units | ||||||
2 | of government at the same levels required by the local | ||||||
3 | franchising authorities for the local unit of government on | ||||||
4 | June 30, 2007
(the effective date of Public Act 95-9),
and | ||||||
5 | its application shall provide a description of an area no | ||||||
6 | smaller than the service areas contained in its franchise | ||||||
7 | or franchises
within the jurisdiction of the local unit of | ||||||
8 | government in which it seeks to offer cable or video | ||||||
9 | service. | ||||||
10 | (5) The location and telephone number of the | ||||||
11 | applicant's principal place of business within this State | ||||||
12 | and the names of the applicant's principal executive | ||||||
13 | officers who are responsible for communications concerning | ||||||
14 | the application and the services to be offered pursuant to | ||||||
15 | the application, the applicant's legal name, and any name | ||||||
16 | or names under which the applicant does or will provide | ||||||
17 | cable services or video services in this State. | ||||||
18 | (6) A certification that the applicant has | ||||||
19 | concurrently delivered a copy of the application to all | ||||||
20 | local units of government that include all or any part of | ||||||
21 | the service area identified in item (4) of this subsection | ||||||
22 | (b)
within such local unit of government's jurisdictional | ||||||
23 | boundaries. | ||||||
24 | (7) The expected date that cable service or video | ||||||
25 | service will be initially offered in the area identified in | ||||||
26 | item (4) of this subsection (b). In the event that a holder |
| |||||||
| |||||||
1 | does not offer cable services or video services within 3
| ||||||
2 | months after the expected date, it shall amend its | ||||||
3 | application and update the expected date service will be | ||||||
4 | offered and explain the delay in offering cable services or | ||||||
5 | video services. | ||||||
6 | (8) For any entity that received State-issued | ||||||
7 | authorization prior to this amendatory Act of the 98th | ||||||
8 | General Assembly as a cable operator and that intends to | ||||||
9 | proceed as a cable operator under this Article, the entity | ||||||
10 | shall file a written affidavit with the Commission and | ||||||
11 | shall serve a copy of the affidavit with any local units of | ||||||
12 | government affected by the authorization within 30 days | ||||||
13 | after the effective date of this amendatory Act of the 98th | ||||||
14 | General Assembly stating that the holder will be providing | ||||||
15 | cable service under the State-issued authorization. | ||||||
16 | The application shall include adequate assurance that the | ||||||
17 | applicant possesses the financial, managerial, legal, and | ||||||
18 | technical qualifications necessary to construct and operate | ||||||
19 | the proposed system, to promptly repair any damage to the | ||||||
20 | public right-of-way caused by the applicant, and to pay the | ||||||
21 | cost of removal of its facilities. To accomplish these | ||||||
22 | requirements, the applicant may, at the time the applicant | ||||||
23 | seeks to use the public rights-of-way in that jurisdiction, be | ||||||
24 | required by the State of Illinois or
later be required by the | ||||||
25 | local unit of government, or both, to post a bond, produce a | ||||||
26 | certificate of insurance, or otherwise demonstrate its |
| |||||||
| |||||||
1 | financial responsibility. | ||||||
2 | The application shall include the applicant's general | ||||||
3 | standards related to customer service required by Section | ||||||
4 | 22-501 of this Act, which shall include, but not be limited to, | ||||||
5 | installation, disconnection, service and repair obligations; | ||||||
6 | appointment hours; employee ID requirements; customer service | ||||||
7 | telephone numbers and hours; procedures for billing, charges, | ||||||
8 | deposits, refunds, and credits; procedures for termination of | ||||||
9 | service; notice of deletion of programming service and changes | ||||||
10 | related to transmission of programming or changes or increases | ||||||
11 | in rates; use and availability of parental control or lock-out | ||||||
12 | devices; complaint procedures and procedures for bill dispute | ||||||
13 | resolution and a description of the rights and remedies | ||||||
14 | available to consumers if the holder does not materially meet | ||||||
15 | their customer service standards; and special services for | ||||||
16 | customers with visual, hearing, or mobility disabilities. | ||||||
17 | (c)(1) The applicant may designate information that it | ||||||
18 | submits in its application or subsequent reports as | ||||||
19 | confidential or proprietary, provided that the applicant | ||||||
20 | states the reasons the confidential designation is necessary. | ||||||
21 | The Commission shall provide adequate protection for such | ||||||
22 | information pursuant to Section 4-404 of this Act. If the | ||||||
23 | Commission, a local unit of government, or any other party | ||||||
24 | seeks public disclosure of information designated as | ||||||
25 | confidential, the Commission shall consider the confidential | ||||||
26 | designation in a proceeding under the Illinois Administrative |
| |||||||
| |||||||
1 | Procedure
Act, and the burden of proof to demonstrate that the | ||||||
2 | designated information is confidential shall be upon the | ||||||
3 | applicant. Designated information shall remain confidential | ||||||
4 | pending the Commission's determination of whether the | ||||||
5 | information is entitled to confidential treatment. Information | ||||||
6 | designated as confidential shall be provided to local units of | ||||||
7 | government for purposes of assessing compliance with this | ||||||
8 | Article as permitted under a Protective Order issued by the | ||||||
9 | Commission pursuant to the Commission's rules and to the | ||||||
10 | Attorney General pursuant to Section 6.5 of the Attorney | ||||||
11 | General Act
(15 ILCS 205/6.5). Information designated as | ||||||
12 | confidential under this Section or determined to be | ||||||
13 | confidential upon Commission review shall only be disclosed | ||||||
14 | pursuant to a valid and enforceable subpoena or court order or | ||||||
15 | as required by the Freedom of Information Act. Nothing herein | ||||||
16 | shall delay the application approval timeframes set forth in | ||||||
17 | this Article. | ||||||
18 | (2) Information regarding the location of video services | ||||||
19 | that have been or are being offered to the public and aggregate | ||||||
20 | information included in the reports required by this Article | ||||||
21 | shall not be designated or treated as confidential. | ||||||
22 | (d)(1) The Commission shall post all applications it | ||||||
23 | receives under this Article on its web site within 5
business | ||||||
24 | days. | ||||||
25 | (2) The Commission shall notify an applicant for a cable | ||||||
26 | service or video service authorization whether the applicant's |
| |||||||
| |||||||
1 | application and affidavit are complete on or before the 15th | ||||||
2 | business day after the applicant submits the application. If | ||||||
3 | the application and affidavit are not complete, the Commission | ||||||
4 | shall state in its notice all of the reasons the application or | ||||||
5 | affidavit are incomplete, and the applicant shall resubmit a | ||||||
6 | complete application. The Commission shall have 30 days after | ||||||
7 | submission by the applicant of a complete application and | ||||||
8 | affidavit to issue the service authorization. If the Commission | ||||||
9 | does not notify the applicant regarding the completeness of the | ||||||
10 | application and affidavit or issue the service authorization | ||||||
11 | within the time periods required under this subsection, the | ||||||
12 | application and affidavit shall be considered complete and the | ||||||
13 | service authorization issued upon the expiration of the 30th | ||||||
14 | day. | ||||||
15 | (e) Any authorization issued by the Commission will expire | ||||||
16 | on December 31, 2023 2020 and shall contain or include all of | ||||||
17 | the following: | ||||||
18 | (1) A grant of authority, including an authorization | ||||||
19 | issued prior to this amendatory Act of the 98th General | ||||||
20 | Assembly, to provide cable service or video service in the | ||||||
21 | service area footprint as requested in the application, | ||||||
22 | subject to the provisions of this Article in existence on | ||||||
23 | the date the grant of authority was issued, and any | ||||||
24 | modifications to this Article enacted at any time prior to | ||||||
25 | the date in Section 21-1601 of this Act, and to the laws of | ||||||
26 | the State and the ordinances, rules, and regulations of the |
| |||||||
| |||||||
1 | local units of government. | ||||||
2 | (2) A grant of authority to use, occupy, and construct | ||||||
3 | facilities in the public rights-of-way for the delivery of | ||||||
4 | cable service or video service in the service area | ||||||
5 | footprint, subject to the laws, ordinances, rules, or | ||||||
6 | regulations of this State and local units of governments. | ||||||
7 | (3) A statement that the grant of authority is subject | ||||||
8 | to lawful operation of the cable service or video service | ||||||
9 | by the applicant, its affiliated entities, or its | ||||||
10 | successors-in-interest. | ||||||
11 | (e-5) The Commission shall notify a local unit of | ||||||
12 | government within 3
business days of the grant of any | ||||||
13 | authorization within a service area footprint if that | ||||||
14 | authorization includes any part of the local unit of | ||||||
15 | government's jurisdictional boundaries and state whether the | ||||||
16 | holder will be providing video service or cable service under | ||||||
17 | the authorization. | ||||||
18 | (f) The authorization issued pursuant to this Section
by | ||||||
19 | the Commission may be transferred to any successor-in-interest | ||||||
20 | to the applicant to which it is initially granted without | ||||||
21 | further Commission action if the successor-in-interest (i) | ||||||
22 | submits an application and the information required by | ||||||
23 | subsection (b) of this Section
for the successor-in-interest | ||||||
24 | and (ii) is not in violation of this Article or of any federal, | ||||||
25 | State, or local law, ordinance, rule, or regulation. A | ||||||
26 | successor-in-interest shall file its application and notice of |
| |||||||
| |||||||
1 | transfer with the Commission and the relevant local units of | ||||||
2 | government no less than 15
business days prior to the | ||||||
3 | completion of the transfer. The Commission is not required or | ||||||
4 | authorized to act upon the notice of transfer; however, the | ||||||
5 | transfer is not effective until the Commission approves the | ||||||
6 | successor-in-interest's application. A local unit of | ||||||
7 | government or the Attorney General may seek to bar a transfer | ||||||
8 | of ownership by filing suit in a court of competent | ||||||
9 | jurisdiction predicated on the existence of a material and | ||||||
10 | continuing breach of this Article by the holder, a pattern of | ||||||
11 | noncompliance with customer service standards by the potential | ||||||
12 | successor-in-interest, or the insolvency of the potential | ||||||
13 | successor-in-interest. If a transfer is made when there are | ||||||
14 | violations of this Article or of any federal, State, or local | ||||||
15 | law, ordinance, rule, or regulation, the successor-in-interest | ||||||
16 | shall be subject to 3
times the penalties provided for in this | ||||||
17 | Article. | ||||||
18 | (g) The authorization issued pursuant to this Section by | ||||||
19 | the Commission may be terminated, or its cable service or video | ||||||
20 | service area footprint may be modified, by the cable service | ||||||
21 | provider or video service provider by submitting notice to the | ||||||
22 | Commission and to the relevant local unit of government | ||||||
23 | containing a description of the change on the same terms as the | ||||||
24 | initial description pursuant to item (4) of subsection (b) of | ||||||
25 | this Section. The Commission is not required or authorized to | ||||||
26 | act upon that notice. It shall be a violation of this Article |
| |||||||
| |||||||
1 | for a holder to discriminate against potential residential | ||||||
2 | subscribers because of the race or income of the residents in | ||||||
3 | the local area in which the group resides by terminating or | ||||||
4 | modifying its cable service or video service area footprint. It | ||||||
5 | shall be a violation of this Article for a holder to terminate | ||||||
6 | or modify its cable service or video service area footprint if | ||||||
7 | it leaves an area with no cable service or video service from | ||||||
8 | any provider. | ||||||
9 | (h) The Commission's authority to administer this Article | ||||||
10 | is limited to the powers and duties explicitly provided under | ||||||
11 | this Article. Its authority under this Article does not include | ||||||
12 | or limit the powers and duties that the Commission has under | ||||||
13 | the other Articles of this Act, the Illinois Administrative | ||||||
14 | Procedure Act,
or any other law or regulation to conduct | ||||||
15 | proceedings, other than as provided in subsection (c), or has | ||||||
16 | to promulgate rules or regulations. The Commission shall not | ||||||
17 | have the authority to limit or expand the obligations and | ||||||
18 | requirements provided in this Section or to regulate or control | ||||||
19 | a person or entity to the extent that person or entity is | ||||||
20 | providing cable service or video service, except as provided in | ||||||
21 | this Article.
| ||||||
22 | (Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, | ||||||
23 | eff. 6-29-15.) | ||||||
24 | (220 ILCS 5/21-1601)
| ||||||
25 | Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of |
| |||||||
| |||||||
1 | this Article are repealed December 31, 2020 July 1, 2017 .
| ||||||
2 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|