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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
6 | Section 5. Purpose. The General Assembly finds and declares | ||||||
7 | that maintaining effective and efficient 9-1-1 systems across | ||||||
8 | the State benefits all citizens. The fees imposed upon the | ||||||
9 | consumers of telecommunication services that have the ability | ||||||
10 | to dial 9-1-1 are an important funding mechanism to assist the | ||||||
11 | State and units of local government with the deployment of | ||||||
12 | enhanced 9-1-1 services to the citizens of this State. | ||||||
13 | Prepaid wireless telecommunication services are an | ||||||
14 | important segment of the telecommunications industry and have | ||||||
15 | proven particularly attractive to low-income and low-volume | ||||||
16 | consumers. Unlike traditional telecommunication services, | ||||||
17 | prepaid wireless telecommunications services are not sold or | ||||||
18 | used pursuant to term contracts or subscriptions and monthly | ||||||
19 | bills are not sent to consumers by prepaid wireless | ||||||
20 | telecommunication service providers or retail vendors. | ||||||
21 | Prepaid wireless consumers have the same access to | ||||||
22 | emergency 9-1-1 services from their wireless devices as | ||||||
23 | wireless consumers on term contracts. Prepaid wireless |
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1 | consumers benefit from the ability to access the 9-1-1 system | ||||||
2 | by dialing 9-1-1. | ||||||
3 | Consumers purchase prepaid wireless telecommunication | ||||||
4 | services at a wide variety of general retail locations and | ||||||
5 | other distribution channels. Such purchases are made on a | ||||||
6 | cash-and-carry or pay-as-you-go basis from retailers. | ||||||
7 | It is the intent of the General Assembly to: | ||||||
8 | (1) ensure equitable contributions to the funding of | ||||||
9 | 9-1-1 systems from consumers of prepaid wireless | ||||||
10 | telecommunication services;
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11 | (2) collect 9-1-1 surcharges from purchasers of | ||||||
12 | prepaid wireless telecommunications services at the point | ||||||
13 | of sale;
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14 | (3) impose the collection and remittance obligation | ||||||
15 | for 9-1-1 surcharges on sellers of prepaid wireless | ||||||
16 | telecommunications services;
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17 | (4) impose a statewide administered 9-1-1 surcharge on | ||||||
18 | point of sale transactions in order to minimize | ||||||
19 | administrative costs on retailers.
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20 | Section 10. Definitions. In this Act: | ||||||
21 | "Consumer" means a person who purchases prepaid wireless | ||||||
22 | telecommunications service in a retail transaction.
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23 | "Department" means the Department of Revenue.
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24 | "Prepaid wireless E911 surcharge" means the charge that is | ||||||
25 | required to be collected by a seller from a consumer in the |
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1 | amount established under Section 15 of this Act.
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2 | "Prepaid wireless telecommunications service" means a | ||||||
3 | wireless telecommunications service that allows a caller to | ||||||
4 | dial 9-1-1 to access the 9-1-1 system, which service must be | ||||||
5 | paid for in advance and is sold in predetermined units or | ||||||
6 | dollars of which the amount declines with use in a known | ||||||
7 | amount.
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8 | "Provider" means a person that provides prepaid wireless | ||||||
9 | telecommunications service pursuant to a license issued by the | ||||||
10 | Federal Communications Commission.
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11 | "Retail transaction" means the purchase of prepaid | ||||||
12 | wireless telecommunications service from a seller for any | ||||||
13 | purpose other than resale.
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14 | "Seller" means a person who sells prepaid wireless | ||||||
15 | telecommunications service to another person.
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16 | "Wireless telecommunications service" means commercial | ||||||
17 | mobile radio service as defined by 47 C.F.R. 20.3.
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18 | Section 15. Prepaid wireless 9-1-1 surcharge. | ||||||
19 | (a) There is hereby imposed on consumers a prepaid wireless | ||||||
20 | 9-1-1 surcharge of 1.5% per retail transaction.
The surcharge | ||||||
21 | authorized by this subsection (a) does not apply in a home rule | ||||||
22 | municipality having a population in excess of 500,000. The | ||||||
23 | amount of the surcharge may be reduced or increased pursuant to | ||||||
24 | subsection (e). | ||||||
25 | (a-5) A home rule municipality having a population in |
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1 | excess of 500,000 on the effective date of this Act may only | ||||||
2 | impose a prepaid wireless 9-1-1 surcharge not to exceed 7% per | ||||||
3 | retail transaction sourced to that jurisdiction and collected | ||||||
4 | and remitted in accordance with the provisions of subsection | ||||||
5 | (b-5). | ||||||
6 | (b) The prepaid wireless 9-1-1 surcharge shall be collected | ||||||
7 | by the seller from the consumer with respect to each retail | ||||||
8 | transaction occurring in this State and shall be remitted to | ||||||
9 | the Department by the seller as provided in this Act. The | ||||||
10 | amount of the prepaid wireless 9-1-1 surcharge shall be | ||||||
11 | separately stated as a distinct item apart from the charge for | ||||||
12 | the prepaid wireless telecommunications service on an invoice, | ||||||
13 | receipt, or other similar document that is provided to the | ||||||
14 | consumer by the seller or shall be otherwise disclosed to the | ||||||
15 | consumer.
If the seller does not separately state the surcharge | ||||||
16 | as a distinct item to the consumer as provided in this Section, | ||||||
17 | then the seller shall maintain books and records as required by | ||||||
18 | this Act which clearly identify the amount of the 9-1-1 | ||||||
19 | surcharge for retail transactions. | ||||||
20 | For purposes of this subsection (b), a retail transaction | ||||||
21 | occurs in this State if (i) the retail transaction is made in | ||||||
22 | person by a consumer at the seller's business location and the | ||||||
23 | business is located within the State; (ii) the seller is a | ||||||
24 | provider and sells prepaid wireless telecommunications service | ||||||
25 | to a consumer located in Illinois; (iii) the retail transaction | ||||||
26 | is treated as occurring in this State for purposes of the |
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1 | Retailers' Occupation Tax Act; or (iv) a seller that is | ||||||
2 | included within the definition of a "retailer maintaining a | ||||||
3 | place of business in this State" under Section 2 of the Use Tax | ||||||
4 | Act makes a sale of prepaid wireless telecommunications service | ||||||
5 | to a consumer located in Illinois. In the case of a retail | ||||||
6 | transaction which does not occur in person at a seller's | ||||||
7 | business location, if a consumer uses a credit card to purchase | ||||||
8 | prepaid wireless telecommunications service on-line or over | ||||||
9 | the telephone, and no product is shipped to the consumer, the | ||||||
10 | transaction occurs in this State if the billing address for the | ||||||
11 | consumer's credit card is in this State. | ||||||
12 | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
13 | subsection (a-5) of this Section shall be collected by the | ||||||
14 | seller from the consumer with respect to each retail | ||||||
15 | transaction occurring in the municipality imposing the | ||||||
16 | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||||||
17 | shall be separately stated on an invoice, receipt, or other | ||||||
18 | similar document that is provided to the consumer by the seller | ||||||
19 | or shall be otherwise disclosed to the consumer. If the seller | ||||||
20 | does not separately state the surcharge as a distinct item to | ||||||
21 | the consumer as provided in this Section, then the seller shall | ||||||
22 | maintain books and records as required by this Act which | ||||||
23 | clearly identify the amount of the 9-1-1 surcharge for retail | ||||||
24 | transactions. | ||||||
25 | For purposes of this subsection (b-5), a retail transaction | ||||||
26 | occurs in the municipality if (i) the retail transaction is |
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1 | made in person by a consumer at the seller's business location | ||||||
2 | and the business is located within the municipality; (ii) the | ||||||
3 | seller is a provider and sells prepaid wireless | ||||||
4 | telecommunications service to a consumer located in the | ||||||
5 | municipality; (iii) the retail transaction is treated as | ||||||
6 | occurring in the municipality for purposes of the Retailers' | ||||||
7 | Occupation Tax Act; or (iv) a seller that is included within | ||||||
8 | the definition of a "retailer maintaining a place of business | ||||||
9 | in this State" under Section 2 of the Use Tax Act makes a sale | ||||||
10 | of prepaid wireless telecommunications service to a consumer | ||||||
11 | located in the municipality. In the case of a retail | ||||||
12 | transaction which does not occur in person at a seller's | ||||||
13 | business location, if a consumer uses a credit card to purchase | ||||||
14 | prepaid wireless telecommunications service on-line or over | ||||||
15 | the telephone, and no product is shipped to the consumer, the | ||||||
16 | transaction occurs in the municipality if the billing address | ||||||
17 | for the consumer's credit card is in the municipality. | ||||||
18 | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||||||
19 | consumer and not on any provider. The seller shall be liable to | ||||||
20 | remit all prepaid wireless 9-1-1 surcharges that the seller | ||||||
21 | collects from consumers as provided in Section 20, including | ||||||
22 | all such surcharges that the seller is deemed to collect where | ||||||
23 | the amount of the surcharge has not been separately stated on | ||||||
24 | an invoice, receipt, or other similar document provided to the | ||||||
25 | consumer by the seller.
The surcharge collected or deemed | ||||||
26 | collected by a seller shall constitute a debt owed by the |
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1 | seller to this State, and any such surcharge actually collected | ||||||
2 | shall be held in trust for the benefit of the Department. | ||||||
3 | For purposes of this subsection (c), the surcharge shall | ||||||
4 | not be imposed or collected from entities that are tax exempt | ||||||
5 | under the Retailers' Occupation Tax Act. | ||||||
6 | (d) The amount of the prepaid wireless 9-1-1 surcharge that | ||||||
7 | is collected by a seller from a consumer, if such amount is | ||||||
8 | separately stated on an invoice, receipt, or other similar | ||||||
9 | document provided to the consumer by the seller, shall not be | ||||||
10 | included in the base for measuring any tax, fee, surcharge, or | ||||||
11 | other charge that is imposed by this State, any political | ||||||
12 | subdivision of this State, or any intergovernmental agency.
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13 | (e) The prepaid wireless 9-1-1 charge imposed under | ||||||
14 | subsection (a) of this Section shall be proportionately | ||||||
15 | increased or reduced, as applicable, upon any change to the | ||||||
16 | surcharge imposed under Section 17 of the Wireless Emergency | ||||||
17 | Telephone Safety Act. The adjusted rate shall be determined by | ||||||
18 | dividing the amount of the surcharge imposed under Section 17 | ||||||
19 | of the Wireless Emergency Telephone Safety Act by $50. Such | ||||||
20 | increase or reduction shall be effective on the first day of | ||||||
21 | the first calendar month to occur at least 60 days after the | ||||||
22 | enactment of the change to the surcharge imposed under Section | ||||||
23 | 17 of the Wireless Emergency Telephone Safety Act. The | ||||||
24 | Department shall provide not less than 30 days' notice of an | ||||||
25 | increase or reduction in the amount of the surcharge on the | ||||||
26 | Department's website.
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1 | (e-5) Any changes in the rate of the surcharge imposed by a | ||||||
2 | municipality under the authority granted in subsection (a-5) of | ||||||
3 | this Section shall be effective on the first day of the first | ||||||
4 | calendar month to occur at least 60 days after the enactment of | ||||||
5 | the change. The Department shall provide not less than 30 days' | ||||||
6 | notice of the increase or reduction in the rate of such | ||||||
7 | surcharge on the Department's website. | ||||||
8 | (f) When prepaid wireless telecommunications service is | ||||||
9 | sold with one or more other products or services for a single, | ||||||
10 | non-itemized price, then the percentage specified in | ||||||
11 | subsection (a) or (a-5) of this Section 15 shall be applied to | ||||||
12 | the entire non-itemized price unless the seller elects to apply | ||||||
13 | the percentage to (i) the dollar amount of the prepaid wireless | ||||||
14 | telecommunications service if that dollar amount is disclosed | ||||||
15 | to the consumer or (ii) the portion of the price that is | ||||||
16 | attributable to the prepaid wireless telecommunications | ||||||
17 | service if the retailer can identify that portion by reasonable | ||||||
18 | and verifiable standards from its books and records that are | ||||||
19 | kept in the regular course of business for other purposes, | ||||||
20 | including, but not limited to, books and records that are kept | ||||||
21 | for non-tax purposes. However, if a minimal amount of prepaid | ||||||
22 | wireless telecommunications service is sold with a prepaid | ||||||
23 | wireless device for a single, non-itemized price, then the | ||||||
24 | seller may elect not to apply the percentage specified in | ||||||
25 | subsection (a) or (a-5) of this Section 15 to such transaction. | ||||||
26 | For purposes of this subsection, an amount of service |
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1 | denominated as 10 minutes or less or $5 or less is considered | ||||||
2 | minimal. | ||||||
3 | Section 20. Administration of prepaid wireless 9-1-1 | ||||||
4 | surcharge. | ||||||
5 | (a) In the administration and enforcement of this Act, the | ||||||
6 | provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e, | ||||||
7 | 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the | ||||||
8 | Retailers' Occupation Tax Act that are not inconsistent with | ||||||
9 | this Act, and Section 3-7 of the Uniform Penalty and Interest | ||||||
10 | Act shall apply, as far as practicable, to the subject matter | ||||||
11 | of this Act to the same extent as if those provisions were | ||||||
12 | included in this Act. References to "taxes" in these | ||||||
13 | incorporated Sections shall be construed to apply to the | ||||||
14 | administration, payment, and remittance of all surcharges | ||||||
15 | under this Act. The Department shall establish registration and | ||||||
16 | payment procedures that substantially coincide with the | ||||||
17 | registration and payment procedures that apply to the | ||||||
18 | Retailers' Occupation Tax Act.
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19 | (b) For the first 12 months after the effective date of | ||||||
20 | this Act, a seller shall be permitted to deduct and retain 5% | ||||||
21 | of prepaid wireless 9-1-1 surcharges that are collected by the | ||||||
22 | seller from consumers and that are remitted and timely filed | ||||||
23 | with the Department.
After the first 12 months, a seller shall | ||||||
24 | be permitted to deduct and retain 3% of prepaid wireless 9-1-1 | ||||||
25 | surcharges that are collected by the seller from consumers and |
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1 | that are remitted and timely filed with the Department. | ||||||
2 | (c) The Department shall pay all remitted prepaid wireless | ||||||
3 | E911 charges over to the State Treasurer for deposit into the | ||||||
4 | Wireless Service Emergency Fund within 30 days after receipt. | ||||||
5 | The Illinois Commerce Commission shall distribute such funds in | ||||||
6 | the same proportion as they are distributed under the Wireless | ||||||
7 | Emergency Telephone Safety Act and such funds may only be used | ||||||
8 | in accordance with the provisions of the Wireless Emergency | ||||||
9 | Telephone Safety Act. The Department may deduct an amount, not | ||||||
10 | to exceed 3% during the first year following the effective date | ||||||
11 | of this Act and not to exceed 2% during every year thereafter | ||||||
12 | of remitted charges, to be retained by the Department to | ||||||
13 | reimburse its direct costs of administering the collection and | ||||||
14 | remittance of prepaid wireless 9-1-1 surcharges.
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15 | (d) The Department shall administer the collection of all | ||||||
16 | 9-1-1 surcharges and may adopt and enforce reasonable rules | ||||||
17 | relating to the administration and enforcement of the | ||||||
18 | provisions of this Act as may be deemed expedient. The | ||||||
19 | Department shall require all surcharges collected under this | ||||||
20 | Act to be reported on existing forms or combined forms, | ||||||
21 | including, but not limited to, Form ST-1. | ||||||
22 | Section 25. Liability of sellers and providers. The | ||||||
23 | provisions of Section 50 of the Wireless Emergency Telephone | ||||||
24 | Safety Act shall apply to sellers and providers of prepaid | ||||||
25 | wireless telecommunications service. |
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1 | Section 27. Home rule. A home rule unit may not impose a | ||||||
2 | separate surcharge on wireless 9-1-1 service in addition to the | ||||||
3 | surcharge imposed on wireless 9-1-1 service under this Act. | ||||||
4 | This Section is a denial and limitation of home rule powers and | ||||||
5 | functions under subsection (h) of Section 6 of Article VII of | ||||||
6 | the Illinois Constitution. | ||||||
7 | Section 30. Exclusivity of prepaid wireless 9-1-1 | ||||||
8 | surcharge. The prepaid wireless 9-1-1 surcharge imposed by this | ||||||
9 | Act shall be the only 9-1-1 funding obligation imposed with | ||||||
10 | respect to prepaid wireless telecommunications service in this | ||||||
11 | State. No tax, fee, surcharge, or other charge shall be imposed | ||||||
12 | by this State, any political subdivision of this State, or any | ||||||
13 | intergovernmental agency, for 9-1-1 funding purposes, upon any | ||||||
14 | provider, seller, or consumer with respect to the sale, | ||||||
15 | purchase, use, or provision of prepaid wireless | ||||||
16 | telecommunications service. | ||||||
17 | Section 90. The Emergency Telephone System Act is amended | ||||||
18 | by changing Section 15.3 and by adding Sections 2.24, 2.25, and | ||||||
19 | 2.26 as follows: | ||||||
20 | (50 ILCS 750/2.24 new) | ||||||
21 | Sec. 2.24. Advanced service. "Advanced service" means any | ||||||
22 | telecommunications service with dynamic
bandwidth allocation, |
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1 | including but not limited to ISDN Primary Rate Interface (PRI), | ||||||
2 | that,
through the use of a DS-1, T-1, or similar un-channelized | ||||||
3 | or multi-channel transmission facility,
is capable of | ||||||
4 | transporting either the subscriber's inter-premises voice | ||||||
5 | telecommunications
services to the public switched network or | ||||||
6 | the subscriber's 9-1-1 calls to the public agency. As
used in | ||||||
7 | this Section, "dynamic bandwidth allocation" means the ability | ||||||
8 | of the facility or customer
to drop and add channels, or adjust | ||||||
9 | bandwidth, when needed in real time for voice or data
purposes. | ||||||
10 | As used in this Section, "DS-1, T-1, or similar un-channelized | ||||||
11 | or multi-channel
transmission facility" means a facility that | ||||||
12 | can transmit and receive a bit rate of at least 1.544
megabits | ||||||
13 | per second (Mbps). | ||||||
14 | (50 ILCS 750/2.25 new) | ||||||
15 | Sec. 2.25. Regular service. "Regular service" means any | ||||||
16 | telecommunications service,
other than advanced service, that | ||||||
17 | is capable of transporting either the subscriber's | ||||||
18 | inter-premises
voice telecommunications services to the public | ||||||
19 | switched network or the subscriber's 9-1-1 calls
to the public | ||||||
20 | agency. | ||||||
21 | (50 ILCS 750/2.26 new) | ||||||
22 | Sec. 2.26. Trunk line. "Trunk line" means a transmission | ||||||
23 | path, or group of
transmission paths, connecting a subscriber's | ||||||
24 | Private Branch Exchange ("P.B.X.") to a
telecommunications |
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1 | carrier's public switched network. In the case of regular | ||||||
2 | service, each
voice grade communications channel or equivalent | ||||||
3 | amount of bandwidth capable of transporting
either the | ||||||
4 | subscriber's inter-premises voice telecommunications services | ||||||
5 | to the public switched
network or the subscriber's 9-1-1 calls | ||||||
6 | to the public agency shall be considered a trunk line,
even if | ||||||
7 | it is bundled with other channels or additional bandwidth. In | ||||||
8 | the case of advanced
service, each DS-1, T-1, or similar | ||||||
9 | un-channelized or multi-channel transmission facility that is
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10 | capable of transporting either the subscriber's inter-premises | ||||||
11 | voice telecommunications services
to the public switched | ||||||
12 | network or the subscriber's 9-1-1 calls to the public agency | ||||||
13 | shall be
considered a single trunk line, even if it contains | ||||||
14 | multiple voice grade communications channels
or otherwise | ||||||
15 | supports 2 or more voice grade calls ("VGC") at a time; | ||||||
16 | provided, however, that
each additional 1.544 Mbps of | ||||||
17 | transmission capacity that is capable of transporting either | ||||||
18 | the
subscriber's inter-premises voice telecommunications | ||||||
19 | services to the public switched network or
the subscriber's | ||||||
20 | 9-1-1 calls to the public agency shall be considered an | ||||||
21 | additional trunk line.
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22 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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23 | Sec. 15.3. Surcharge. | ||||||
24 | (a) The corporate authorities of any municipality or any
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25 | county may, subject to the limitations of subsections (c), (d), |
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1 | and (h),
and in addition to any tax levied pursuant to the | ||||||
2 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
3 | monthly surcharge on billed subscribers
of network connection | ||||||
4 | provided by telecommunication carriers engaged in the
business | ||||||
5 | of transmitting messages by means of electricity originating | ||||||
6 | within
the corporate limits of the municipality or county | ||||||
7 | imposing the surcharge at
a rate per network connection | ||||||
8 | determined in accordance with subsection (c), however the | ||||||
9 | monthly surcharge shall not apply to a network connection | ||||||
10 | provided for use with pay telephone services.
Provided, | ||||||
11 | however, that where multiple voice grade communications | ||||||
12 | channels
are connected between the subscriber's premises and a | ||||||
13 | public switched network
through private branch exchange (PBX) | ||||||
14 | or centrex type service, a municipality
imposing a surcharge at | ||||||
15 | a rate per network connection, as determined in
accordance with | ||||||
16 | this Act, shall impose : | ||||||
17 | (i) in a municipality with a population of 500,000 or less | ||||||
18 | or in any county, 5 such surcharges per network
connection, as | ||||||
19 | determined in accordance with subsections (a) and (d) of
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20 | Section 2.12 of this Act , for both regular service and advanced | ||||||
21 | service provisioned trunk lines; | ||||||
22 | (ii) in a municipality with a population, prior to March 1, | ||||||
23 | 2010, of 500,000 or more, 5 surcharges per network connection, | ||||||
24 | as determined in accordance
with subsections (a) and (d) of | ||||||
25 | Section 2.12 of this Act, for both regular service and advanced
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26 | service provisioned trunk lines; |
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1 | (iii) in a municipality with a population, as of March 1, | ||||||
2 | 2010, of 500,000 or more, 5 surcharges per network connection, | ||||||
3 | as determined in
accordance with subsections (a) and (d) of | ||||||
4 | Section 2.12 of this Act, for regular service
provisioned trunk | ||||||
5 | lines, and 12 surcharges per network connection, as determined | ||||||
6 | in accordance
with subsections (a) and (d) of Section 2.12 of | ||||||
7 | this Act, for advanced service provisioned trunk
lines, except | ||||||
8 | where an advanced service provisioned trunk line supports at | ||||||
9 | least 2 but fewer
than 23 simultaneous voice grade calls | ||||||
10 | ("VGC's"), a telecommunication carrier may
elect to impose | ||||||
11 | fewer than 12 surcharges per trunk line as provided in | ||||||
12 | subsection (iv)
of this Section; or | ||||||
13 | (iv) for an advanced service provisioned trunk line | ||||||
14 | connected between the
subscriber's premises and the public | ||||||
15 | switched network through a P.B.X., where the advanced
service | ||||||
16 | provisioned trunk line is capable of transporting at least 2 | ||||||
17 | but fewer than 23
simultaneous VGC's per trunk line, the | ||||||
18 | telecommunications carrier collecting the surcharge
may elect | ||||||
19 | to impose surcharges in accordance with the table provided in | ||||||
20 | this Section, without limiting
any telecommunications | ||||||
21 | carrier's obligations to otherwise keep and maintain records. | ||||||
22 | Any
telecommunications carrier electing to impose fewer than 12 | ||||||
23 | surcharges per an advanced
service provisioned trunk line shall | ||||||
24 | keep and maintain records adequately to demonstrate the
VGC | ||||||
25 | capability of each advanced service provisioned trunk line with | ||||||
26 | fewer than 12
surcharges imposed, provided that 12 surcharges |
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1 | shall be imposed on an advanced service
provisioned trunk line | |||||||||||||||||||||
2 | regardless of the VGC capability where a telecommunications | |||||||||||||||||||||
3 | carrier
cannot demonstrate the VGC capability of the advanced | |||||||||||||||||||||
4 | service provisioned trunk line .
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9 | Subsections (i), (ii), (iii), and (iv) are not intended to | |||||||||||||||||||||
10 | make any change in the meaning of this Section, but are | |||||||||||||||||||||
11 | intended to remove possible ambiguity, thereby confirming the | |||||||||||||||||||||
12 | intent of paragraph (a) as it existed prior to and following | |||||||||||||||||||||
13 | the effective date of this amendatory Act of the 97th General | |||||||||||||||||||||
14 | Assembly. | |||||||||||||||||||||
15 | For mobile telecommunications services, if a surcharge is | |||||||||||||||||||||
16 | imposed it shall be
imposed based upon the municipality or | |||||||||||||||||||||
17 | county that encompasses the customer's
place of primary use as | |||||||||||||||||||||
18 | defined in the Mobile Telecommunications Sourcing
Conformity | |||||||||||||||||||||
19 | Act. A municipality may enter into an intergovernmental
| |||||||||||||||||||||
20 | agreement with any county in which it is partially located, | |||||||||||||||||||||
21 | when the county
has adopted an ordinance to impose a surcharge | |||||||||||||||||||||
22 | as provided in subsection
(c), to include that portion of the | |||||||||||||||||||||
23 | municipality lying outside the county
in that county's | |||||||||||||||||||||
24 | surcharge referendum. If the county's surcharge
referendum is |
| |||||||
| |||||||
1 | approved, the portion of the municipality identified in the
| ||||||
2 | intergovernmental agreement shall automatically be | ||||||
3 | disconnected from the
county in which it lies and connected to | ||||||
4 | the county which approved the
referendum for purposes of a | ||||||
5 | surcharge on telecommunications carriers.
| ||||||
6 | (b) For purposes of computing the surcharge imposed by | ||||||
7 | subsection (a),
the network connections to which the surcharge | ||||||
8 | shall apply shall be those
in-service network connections, | ||||||
9 | other than those network connections
assigned to the | ||||||
10 | municipality or county, where the service address for each
such | ||||||
11 | network connection or connections is located within the | ||||||
12 | corporate
limits of the municipality or county levying the | ||||||
13 | surcharge. Except for mobile
telecommunication services, the | ||||||
14 | "service address" shall mean the location of
the primary use of | ||||||
15 | the network connection or connections. For mobile
| ||||||
16 | telecommunication services, "service address" means the | ||||||
17 | customer's place of
primary use as defined in the Mobile | ||||||
18 | Telecommunications Sourcing Conformity
Act.
| ||||||
19 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
20 | under this
Section the clerk of the municipality or county | ||||||
21 | shall certify the question
of whether the surcharge may be | ||||||
22 | imposed to the proper election authority
who shall submit the | ||||||
23 | public question to the electors of the municipality or
county | ||||||
24 | in accordance with the general election law; provided that such
| ||||||
25 | question shall not be submitted at a consolidated primary | ||||||
26 | election. The
public question shall be in substantially the |
| |||||||
| |||||||
1 | following form:
| ||||||
2 | -------------------------------------------------------------
| ||||||
3 | Shall the county (or city, village
| ||||||
4 | or incorporated town) of ..... impose YES
| ||||||
5 | a surcharge of up to ...в per month per
| ||||||
6 | network connection, which surcharge will
| ||||||
7 | be added to the monthly bill you receive ------------------
| ||||||
8 | for telephone or telecommunications
| ||||||
9 | charges, for the purpose of installing
| ||||||
10 | (or improving) a 9-1-1 Emergency NO
| ||||||
11 | Telephone System?
| ||||||
12 | -------------------------------------------------------------
| ||||||
13 | If a majority of the votes cast upon the public question | ||||||
14 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
15 | However, if a Joint Emergency Telephone System Board is to | ||||||
16 | be created
pursuant to an intergovernmental agreement under | ||||||
17 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
18 | subject to the approval of a
majority of the total number of | ||||||
19 | votes cast upon the public question by the
electors of all of | ||||||
20 | the municipalities or counties, or combination thereof,
that | ||||||
21 | are parties to the intergovernmental agreement.
| ||||||
22 | The referendum requirement of this subsection (c) shall not | ||||||
23 | apply
to any municipality with a population over 500,000 or to | ||||||
24 | any
county in which a proposition as to whether a sophisticated | ||||||
25 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
26 | county, at a cost not to
exceed a specified monthly amount per |
| |||||||
| |||||||
1 | network connection, has previously
been approved by a majority | ||||||
2 | of the electors of the county voting on the
proposition at an | ||||||
3 | election conducted before the effective date of this
amendatory | ||||||
4 | Act of 1987.
| ||||||
5 | (d) A county may not impose a surcharge, unless requested | ||||||
6 | by a
municipality, in any incorporated area which has | ||||||
7 | previously approved a
surcharge as provided in subsection (c) | ||||||
8 | or in any incorporated area where
the corporate authorities of | ||||||
9 | the municipality have previously entered into
a binding | ||||||
10 | contract or letter of intent with a telecommunications carrier | ||||||
11 | to
provide sophisticated 9-1-1 service through municipal | ||||||
12 | funds.
| ||||||
13 | (e) A municipality or county may at any time by ordinance | ||||||
14 | change the
rate of the surcharge imposed under this Section if | ||||||
15 | the new rate does not
exceed the rate specified in the | ||||||
16 | referendum held pursuant to subsection (c).
| ||||||
17 | (f) The surcharge authorized by this Section shall be | ||||||
18 | collected from
the subscriber by the telecommunications | ||||||
19 | carrier providing the subscriber
the network connection as a | ||||||
20 | separately stated item on the subscriber's bill.
| ||||||
21 | (g) The amount of surcharge collected by the | ||||||
22 | telecommunications carrier
shall be paid to the particular | ||||||
23 | municipality or county or Joint Emergency
Telephone System | ||||||
24 | Board not later than 30 days after the surcharge is
collected, | ||||||
25 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||||||
26 | charges then due the particular telecommunications carrier, as |
| |||||||
| |||||||
1 | shown on an
itemized bill. The telecommunications carrier | ||||||
2 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
3 | the gross amount of surcharge
collected to reimburse the | ||||||
4 | telecommunications carrier for the expense of
accounting and | ||||||
5 | collecting the surcharge.
| ||||||
6 | (h) Except as expressly provided in subsection (a) of this | ||||||
7 | Section, a
municipality with a population over 500,000 may not | ||||||
8 | impose a
monthly surcharge in excess of $2.50
per network | ||||||
9 | connection.
| ||||||
10 | (i) Any municipality or county or joint emergency telephone | ||||||
11 | system
board that has imposed a surcharge pursuant to this | ||||||
12 | Section prior to the
effective date of this amendatory Act of | ||||||
13 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
14 | subsection (b) of this Section.
| ||||||
15 | (j) The corporate authorities of any municipality or county | ||||||
16 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
17 | other obligations secured
in whole or in part by the proceeds | ||||||
18 | of the surcharge described in this
Section. Notwithstanding any | ||||||
19 | change in law subsequent to the issuance of
any bonds, notes or | ||||||
20 | other obligations secured by the surcharge, every
municipality | ||||||
21 | or county issuing such bonds, notes or other obligations shall
| ||||||
22 | be authorized to impose the surcharge as though the laws | ||||||
23 | relating to the
imposition of the surcharge in effect at the | ||||||
24 | time of issuance of the
bonds, notes or other obligations were | ||||||
25 | in full force and effect until the
bonds, notes or other | ||||||
26 | obligations are paid in full.
The State of Illinois pledges and |
| |||||||
| |||||||
1 | agrees that it will not limit or alter
the rights and powers | ||||||
2 | vested in municipalities and counties by this Section
to impose | ||||||
3 | the surcharge so as to impair the terms of or affect the
| ||||||
4 | security for bonds, notes or other obligations secured in whole | ||||||
5 | or in part
with the proceeds of the surcharge described in this | ||||||
6 | Section.
| ||||||
7 | (k) Any surcharge collected by or imposed on a | ||||||
8 | telecommunications
carrier pursuant to this Section shall be | ||||||
9 | held to be a special fund in
trust for the municipality, county | ||||||
10 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
11 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
12 | the special fund shall not be subject to the claims of
| ||||||
13 | creditors of the telecommunication carrier.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08; | ||||||
15 | 95-1012, eff. 12-15-08.)
| ||||||
16 | Section 95. The Wireless Emergency Telephone Safety Act is | ||||||
17 | amended by changing Sections 10 and 17 and by adding Section 80 | ||||||
18 | as follows:
| ||||||
19 | (50 ILCS 751/10)
| ||||||
20 | (Section scheduled to be repealed on April 1, 2013)
| ||||||
21 | Sec. 10. Definitions. In this Act:
| ||||||
22 | "Active prepaid wireless telephone" means a prepaid | ||||||
23 | wireless telephone
that has been used or activated by the | ||||||
24 | customer during the month to complete a
telephone call for |
| |||||||
| |||||||
1 | which the customer's card or account was decremented.
| ||||||
2 | "Emergency telephone system board"
means a board appointed | ||||||
3 | by the corporate authorities of any county or
municipality that | ||||||
4 | provides
for the management and operation of a 9-1-1 system | ||||||
5 | within the scope of the
duties and powers
prescribed by the | ||||||
6 | Emergency Telephone System Act.
| ||||||
7 | "Master street address guide" means the computerized | ||||||
8 | geographical database
that consists of all street and address | ||||||
9 | data within a 9-1-1 system.
| ||||||
10 | "Mobile telephone number" or "MTN" shall mean the telephone | ||||||
11 | number
assigned to a wireless telephone at the time of initial | ||||||
12 | activation.
| ||||||
13 | "Prepaid wireless telecommunications telephone service" | ||||||
14 | means wireless telecommunications telephone service that | ||||||
15 | allows a caller to dial 9-1-1 to access the 9-1-1 system, which | ||||||
16 | service must be paid for in advance and is sold in | ||||||
17 | predetermined units or dollars which the amount declines with | ||||||
18 | use in a known amount.
which is activated by payment in advance | ||||||
19 | of a finite dollar amount or for a
finite set of minutes and | ||||||
20 | which, unless an additional finite dollar amount or
finite set | ||||||
21 | of minutes is paid in advance, terminates either (i) upon
use | ||||||
22 | by a customer and delivery by the wireless carrier of an | ||||||
23 | agreed-upon amount
of service corresponding to the total dollar | ||||||
24 | amount paid in advance, or within
a certain period of time | ||||||
25 | following initial purchase or activation.
| ||||||
26 | "Public safety agency" means a functional division of a |
| |||||||
| |||||||
1 | public agency that
provides fire fighting, police, medical, or | ||||||
2 | other emergency services. For the
purpose of providing wireless | ||||||
3 | service to users of 9-1-1 emergency services, as
expressly | ||||||
4 | provided for in this Act, the Department of State Police may be
| ||||||
5 | considered a public safety agency.
| ||||||
6 | "Qualified governmental entity"
means a unit of local | ||||||
7 | government authorized to provide 9-1-1 services
pursuant to the | ||||||
8 | Emergency Telephone System Act where no emergency telephone
| ||||||
9 | system board exists. | ||||||
10 | "Remit period" means the billing period, one month in | ||||||
11 | duration, for which a wireless carrier , other than a prepaid | ||||||
12 | wireless carrier that provides zip code information based upon | ||||||
13 | the addresses associated with its customers' points of | ||||||
14 | purchase, customers' billing addresses, or locations | ||||||
15 | associated with MTNs, as described in subsection (a) of Section | ||||||
16 | 17, remits a surcharge and provides subscriber information by | ||||||
17 | zip code to the Illinois Commerce Commission, in accordance | ||||||
18 | with Section 17 of this Act.
| ||||||
19 | "Statewide wireless emergency 9-1-1 system" means all | ||||||
20 | areas of the State
where an emergency telephone system board | ||||||
21 | or, in the absence of an emergency
telephone system board, a | ||||||
22 | qualified governmental entity has not declared its
intention | ||||||
23 | for one or more of its public safety answering points to serve | ||||||
24 | as a
primary wireless 9-1-1 public safety answering point for | ||||||
25 | its jurisdiction.
The operator of the statewide wireless | ||||||
26 | emergency 9-1-1 system shall be the
Department of State Police.
|
| |||||||
| |||||||
1 | "Sufficient positive balance" means a dollar amount | ||||||
2 | greater than or equal
to the monthly wireless 9-1-1 surcharge | ||||||
3 | amount.
| ||||||
4 | "Wireless carrier" means a provider of two-way cellular, | ||||||
5 | broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial | ||||||
6 | Mobile Radio Service (CMRS),
Wireless Communications Service | ||||||
7 | (WCS), or other Commercial Mobile Radio Service
(CMRS), as | ||||||
8 | defined by the Federal Communications Commission, offering | ||||||
9 | radio
communications that may provide fixed, mobile, radio | ||||||
10 | location, or satellite
communication services to individuals | ||||||
11 | or businesses within its assigned
spectrum block and | ||||||
12 | geographical area or that offers real-time, two-way voice
| ||||||
13 | service that is interconnected with the public switched | ||||||
14 | network, including a
reseller of such service.
| ||||||
15 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
16 | telephone number
of the originator of a 9-1-1 call and location | ||||||
17 | information from any mobile handset or text telephone
device | ||||||
18 | accessing the wireless system to the designated wireless public | ||||||
19 | safety
answering point as set forth in the order of the Federal | ||||||
20 | Communications
Commission, FCC Docket No. 94-102, adopted June | ||||||
21 | 12, 1996, with an effective
date of October 1, 1996, and any | ||||||
22 | subsequent amendment thereto.
| ||||||
23 | "Wireless public safety answering point" means the | ||||||
24 | functional division of
an emergency telephone system board, | ||||||
25 | qualified governmental entity, or the
Department of State | ||||||
26 | Police accepting wireless 9-1-1 calls.
|
| |||||||
| |||||||
1 | "Wireless subscriber" means an individual or entity to whom | ||||||
2 | a wireless
service account or number has been assigned by a | ||||||
3 | wireless carrier , other than an account or number associated | ||||||
4 | with prepaid wireless telecommunication service .
| ||||||
5 | "Wireless telephone service" includes prepaid wireless | ||||||
6 | telephone service
and means all "commercial mobile service", as | ||||||
7 | that term is defined in 47 CFR
20.3, including all personal | ||||||
8 | communications services, wireless radio telephone
services, | ||||||
9 | geographic area specialized and enhanced specialized mobile | ||||||
10 | radio
services, and incumbent wide area specialized mobile | ||||||
11 | radio licensees that offer
real time, two-way service that is | ||||||
12 | interconnected with the public switched
telephone network.
| ||||||
13 | (Source: P.A. 95-63, eff. 8-13-07.)
| ||||||
14 | (50 ILCS 751/17)
| ||||||
15 | (Section scheduled to be repealed on April 1, 2013)
| ||||||
16 | Sec. 17. Wireless carrier surcharge.
| ||||||
17 | (a) Except as provided in Sections Section 45 and 80 , each | ||||||
18 | wireless
carrier shall impose a monthly wireless carrier | ||||||
19 | surcharge per CMRS connection
that either has a telephone | ||||||
20 | number within an area code assigned to Illinois by
the North | ||||||
21 | American Numbering Plan Administrator or has a billing address | ||||||
22 | in
this State.
In the case of prepaid wireless telephone | ||||||
23 | service, this surcharge shall be
remitted based upon the | ||||||
24 | address associated with the point of purchase, the
customer | ||||||
25 | billing
address, or the location associated with the MTN for |
| |||||||
| |||||||
1 | each active prepaid
wireless telephone that has a sufficient | ||||||
2 | positive balance
as of the last day of each month, if that | ||||||
3 | information is available. No
wireless carrier
shall impose the | ||||||
4 | surcharge authorized by this
Section upon any subscriber who is | ||||||
5 | subject to the surcharge imposed by a unit
of local
government
| ||||||
6 | pursuant to Section 45.
Prior to January 1, 2008 (the effective | ||||||
7 | date of Public Act 95-698), the surcharge amount shall be the | ||||||
8 | amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | ||||||
9 | January 1, 2008 (the effective date of Public Act 95-698), the | ||||||
10 | monthly surcharge imposed under this Section shall be $0.73 per | ||||||
11 | CMRS connection. The wireless carrier that provides wireless | ||||||
12 | service to the
subscriber shall collect the surcharge
from the | ||||||
13 | subscriber.
For mobile telecommunications services provided on | ||||||
14 | and after August 1, 2002,
any surcharge imposed under this Act | ||||||
15 | shall be imposed based upon the
municipality or county that | ||||||
16 | encompasses
the customer's place of primary use as defined in | ||||||
17 | the Mobile Telecommunications
Sourcing Conformity Act.
The | ||||||
18 | surcharge shall be stated as a separate item on the
| ||||||
19 | subscriber's monthly bill. The wireless carrier shall begin | ||||||
20 | collecting the
surcharge on bills issued within 90 days after | ||||||
21 | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||||||
22 | surcharge. State and local taxes shall not
apply to the | ||||||
23 | wireless carrier surcharge.
| ||||||
24 | (b) Except as provided in Sections Section 45 and 80 , a | ||||||
25 | wireless carrier shall, within 45
days of collection, remit, | ||||||
26 | either by check or by electronic funds transfer, to
the State |
| |||||||
| |||||||
1 | Treasurer the amount of the wireless carrier surcharge | ||||||
2 | collected
from each subscriber.
Of the amounts remitted under | ||||||
3 | this subsection prior to January 1, 2008 (the effective date of | ||||||
4 | Public Act 95-698), and for surcharges imposed before January | ||||||
5 | 1, 2008 (the effective date of Public Act 95-698)
but remitted | ||||||
6 | after January 1, 2008, the State
Treasurer shall deposit | ||||||
7 | one-third into the Wireless Carrier Reimbursement Fund
and | ||||||
8 | two-thirds into the Wireless Service Emergency Fund. For | ||||||
9 | surcharges collected and remitted on or after January 1, 2008 | ||||||
10 | (the effective date of Public Act 95-698), $0.1475 per | ||||||
11 | surcharge collected shall be deposited into the Wireless | ||||||
12 | Carrier Reimbursement Fund, and $0.5825 per surcharge | ||||||
13 | collected shall be deposited into the Wireless Service | ||||||
14 | Emergency Fund. Of the amounts deposited into the Wireless | ||||||
15 | Carrier Reimbursement Fund under this subsection, $0.01 per | ||||||
16 | surcharge collected may be distributed to the carriers to cover | ||||||
17 | their administrative costs. Of the amounts deposited into the | ||||||
18 | Wireless Service Emergency Fund under this subsection, $0.01 | ||||||
19 | per surcharge collected may be disbursed to the Illinois | ||||||
20 | Commerce Commission to cover its administrative costs.
| ||||||
21 | (c)
The first such remittance by wireless carriers shall | ||||||
22 | include the number
of wireless subscribers customers by zip | ||||||
23 | code, and the 9-digit zip code if currently being used or
later | ||||||
24 | implemented by the carrier, that shall be the means by which | ||||||
25 | the
Illinois Commerce Commission shall determine distributions | ||||||
26 | from
the Wireless Service Emergency Fund.
This information |
| |||||||
| |||||||
1 | shall be updated no less often than every year. Wireless
| ||||||
2 | carriers are not required to remit surcharge moneys that are | ||||||
3 | billed to
subscribers but not yet collected. Any carrier that | ||||||
4 | fails to provide the zip code information required under this | ||||||
5 | subsection (c) or any prepaid wireless carrier that fails to | ||||||
6 | provide zip code information based upon the addresses | ||||||
7 | associated with its customers' points of purchase, customers' | ||||||
8 | billing addresses, or locations associated with MTNs, as | ||||||
9 | described in subsection (a) of this Section, shall be subject | ||||||
10 | to the penalty set forth in subsection (f) of this Section.
| ||||||
11 | (d) Any funds collected under the Prepaid Wireless 9-1-1 | ||||||
12 | Surcharge Act shall be distributed using a prorated method | ||||||
13 | based upon zip code information collected from post-paid | ||||||
14 | wireless carriers under subsection (c) of this Section. Within | ||||||
15 | 90 days after August 13, 2007 (the effective date of Public Act | ||||||
16 | 95-63), each wireless carrier must implement a mechanism for | ||||||
17 | the collection of the surcharge imposed under subsection (a) of | ||||||
18 | this Section from its subscribers. If a wireless carrier does | ||||||
19 | not implement a mechanism for the collection of the surcharge | ||||||
20 | from its subscribers in accordance with this subsection (d), | ||||||
21 | then the carrier is required to remit the surcharge for all | ||||||
22 | subscribers until the carrier is deemed to be in compliance | ||||||
23 | with this subsection (d) by the Illinois Commerce Commission. | ||||||
24 | (e) If before midnight on the last day of the third | ||||||
25 | calendar month after the closing date of the remit period a | ||||||
26 | wireless carrier does not remit the surcharge or any portion |
| |||||||
| |||||||
1 | thereof required under this Section, then the surcharge or | ||||||
2 | portion thereof shall be deemed delinquent until paid in full, | ||||||
3 | and the Illinois Commerce Commission may impose a penalty | ||||||
4 | against the carrier in an amount equal to the greater of: | ||||||
5 | (1) $25 for each month or portion of a month from the | ||||||
6 | time an amount becomes delinquent until the amount is paid | ||||||
7 | in full; or | ||||||
8 | (2) an amount equal to the product of 1% and the sum of | ||||||
9 | all delinquent amounts for each month or portion of a month | ||||||
10 | that the delinquent amounts remain unpaid. | ||||||
11 | A penalty imposed in accordance with this subsection (e) | ||||||
12 | for a portion of a month during which the carrier provides the | ||||||
13 | number of subscribers by zip code as required under subsection | ||||||
14 | (c) of this Section shall be prorated for each day of that | ||||||
15 | month during which the carrier had not provided the number of | ||||||
16 | subscribers by zip code as required under subsection (c) of | ||||||
17 | this Section. Any penalty imposed under this subsection (e) is | ||||||
18 | in addition to the amount of the delinquency and is in addition | ||||||
19 | to any other penalty imposed under this Section. | ||||||
20 | (f) 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 provide the number of subscribers by | ||||||
23 | zip code as required under subsection (c) of this Section, then | ||||||
24 | the report is deemed delinquent and the Illinois Commerce | ||||||
25 | Commission may impose a penalty against the carrier in an | ||||||
26 | amount equal to the greater of: |
| |||||||
| |||||||
1 | (1) $25 for each month or portion of a month that the | ||||||
2 | report is delinquent; or | ||||||
3 | (2) an amount equal to the product of 1/2в and the | ||||||
4 | number of subscribers served by the wireless carrier. | ||||||
5 | A penalty imposed in accordance with this subsection (f) | ||||||
6 | for a portion of a month during which the carrier pays the | ||||||
7 | delinquent amount in full shall be prorated for each day of | ||||||
8 | that month that the delinquent amount was paid in full. Any | ||||||
9 | penalty imposed under this subsection (f) is in addition to any | ||||||
10 | other penalty imposed under this Section. | ||||||
11 | (g) The Illinois Commerce Commission may enforce the | ||||||
12 | collection of any delinquent amount and any penalty due and | ||||||
13 | unpaid under this Section by legal action or in any other | ||||||
14 | manner by which the collection of debts due the State of | ||||||
15 | Illinois may be enforced under the laws of this State. The | ||||||
16 | Executive Director of the Illinois Commerce Commission, or his | ||||||
17 | or her designee, may excuse the payment of any penalty imposed | ||||||
18 | under this Section if the Executive Director, or his or her | ||||||
19 | designee, determines that the enforcement of this penalty is | ||||||
20 | unjust. | ||||||
21 | (h)
Notwithstanding any provision of law to the contrary,
| ||||||
22 | nothing shall impair the right of wireless carriers to recover
| ||||||
23 | compliance costs for all emergency communications services | ||||||
24 | that are not reimbursed out of the Wireless Carrier | ||||||
25 | Reimbursement Fund
directly from their wireless subscribers | ||||||
26 | customers via line-item charges on the wireless subscriber's
|
| |||||||
| |||||||
1 | customer's bill. Those compliance costs include all costs
| ||||||
2 | incurred by wireless carriers in complying with local, State,
| ||||||
3 | and federal regulatory or legislative mandates that require the
| ||||||
4 | transmission and receipt of emergency communications to and
| ||||||
5 | from the general public, including, but not limited to, E-911.
| ||||||
6 | (i)
The Auditor General shall conduct, on an annual basis, | ||||||
7 | an audit of the Wireless Service Emergency Fund and the | ||||||
8 | Wireless Carrier Reimbursement Fund for compliance with the | ||||||
9 | requirements of this Act. The audit shall include, but not be | ||||||
10 | limited to, the following determinations:
| ||||||
11 | (1) Whether the Commission is maintaining detailed | ||||||
12 | records of all receipts and disbursements from the Wireless | ||||||
13 | Carrier Emergency Fund and the Wireless Carrier | ||||||
14 | Reimbursement Fund.
| ||||||
15 | (2) Whether the Commission's administrative costs | ||||||
16 | charged to the funds are adequately documented and are | ||||||
17 | reasonable.
| ||||||
18 | (3) Whether the Commission's procedures for making | ||||||
19 | grants and providing reimbursements in accordance with the | ||||||
20 | Act are adequate.
| ||||||
21 | (4) The status of the implementation of wireless 9-1-1 | ||||||
22 | and E9-1-1 services in Illinois.
| ||||||
23 | The Commission, the Department of State Police, and any | ||||||
24 | other entity or person that may have information relevant to | ||||||
25 | the audit shall cooperate fully and promptly with the Office of | ||||||
26 | the Auditor General in conducting the audit. The Auditor |
| |||||||
| |||||||
1 | General shall commence the audit as soon as possible and | ||||||
2 | distribute the report upon completion in accordance with | ||||||
3 | Section 3-14 of the Illinois State Auditing Act.
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4 | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | ||||||
5 | eff. 8-21-08.)
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6 | (50 ILCS 751/80 new) | ||||||
7 | Sec. 80. Prepaid wireless telecommunications service; | ||||||
8 | surcharge. The wireless carrier surcharge and any other | ||||||
9 | requirements imposed by Section 17 or authorized by Section 45 | ||||||
10 | shall not apply to prepaid wireless telecommunications | ||||||
11 | service. The provisions of the Prepaid Wireless 9-1-1 Surcharge | ||||||
12 | Act shall apply to prepaid wireless telecommunications | ||||||
13 | service. | ||||||
14 | Section 97. The Public Utilities Act is amended by changing | ||||||
15 | Section 13-230 as follows: | ||||||
16 | (220 ILCS 5/13-230) | ||||||
17 | (Section scheduled to be repealed on July 1, 2013) | ||||||
18 | Sec. 13-230. Prepaid calling service. "Prepaid calling | ||||||
19 | service" means telecommunications service that must be paid for | ||||||
20 | in advance by an end user, enables the end user to originate | ||||||
21 | calls using an access number or authorization code, whether | ||||||
22 | manually or electronically dialed, and is sold in predetermined | ||||||
23 | units or dollars of which the number declines with use in a |
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1 | known amount. A prepaid calling service call is a call made by | ||||||
2 | an end user using prepaid calling service. "Prepaid calling | ||||||
3 | service" does not include prepaid wireless telecommunications | ||||||
4 | telephone service as defined in Section 10 of the Wireless | ||||||
5 | Emergency Telephone Safety Act.
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6 | (Source: P.A. 93-1002, eff. 1-1-05 .) | ||||||
7 | Section 997. Severability. The provisions of this Act are | ||||||
8 | severable under Section 1.31 of the Statute on Statutes.
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9 | Section 999. Effective date. This Act takes effect January | ||||||
10 | 1, 2012, except that this Section and Section 90 shall take | ||||||
11 | effect upon becoming law.
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