98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2161

 

Introduced , by Rep. Tom Cross - Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 751/35

    Amends the Wireless Emergency Telephone Safety Act. Makes a technical change in a Section regarding the Wireless Carrier Reimbursement Fund.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wireless Emergency Telephone Safety Act is
5amended by changing Section 35 as follows:
 
6    (50 ILCS 751/35)
7    (Section scheduled to be repealed on April 1, 2013)
8    Sec. 35. Wireless Carrier Reimbursement Fund;
9reimbursement.
10    (a) To recover costs from the the Wireless Carrier
11Reimbursement Fund, the wireless carrier shall submit sworn
12invoices to the Illinois Commerce Commission. In no event may
13any invoice for payment be approved for (i) costs that are not
14related to compliance with the requirements established by the
15wireless enhanced 9-1-1 mandates of the Federal Communications
16Commission, (ii) costs with respect to any wireless enhanced
179-1-1 service that is not operable at the time the invoice is
18submitted, or (iii) costs in excess of the sum of (A) the
19carrier's balance, as determined under subsection (e) of this
20Section, plus (B) 100% of the surcharge remitted to the
21Wireless Carrier Reimbursement Fund by the wireless carrier
22under Section 17(b) since the last annual review of the balance
23in the Wireless Carrier Reimbursement Fund under subsection (e)

 

 

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1of this Section, less reimbursements paid to the carrier out of
2the Wireless Carrier Reimbursement Fund since the last annual
3review of the balance under subsection (e) of this Section,
4unless the wireless carrier received prior approval for the
5expenditures from the Illinois Commerce Commission.
6    (b) If in any month the total amount of invoices submitted
7to the Illinois Commerce Commission and approved for payment
8exceeds the amount available in the Wireless Carrier
9Reimbursement Fund, wireless carriers that have invoices
10approved for payment shall receive a pro-rata share of the
11amount available in the Wireless Carrier Reimbursement Fund
12based on the relative amount of their approved invoices
13available that month, and the balance of the payments shall be
14carried into the following months until all of the approved
15payments are made.
16    (c) A wireless carrier may not receive payment from the
17Wireless Carrier Reimbursement Fund for its costs of providing
18wireless enhanced 9-1-1 services in an area when a unit of
19local government or emergency telephone system board provides
20wireless 9-1-1 services in that area and was imposing and
21collecting a wireless carrier surcharge prior to July 1, 1998.
22    (d) The Illinois Commerce Commission shall maintain
23detailed records of all receipts and disbursements and shall
24provide an annual accounting of all receipts and disbursements
25to the Auditor General.
26    (e) The Illinois Commerce Commission must annually review

 

 

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1the balance in the Wireless Carrier Reimbursement Fund as of
2June 30 of each year and shall direct the Comptroller to
3transfer into the Wireless Services Emergency Fund for
4distribution in accordance with Section 25 of this Act any
5amount in excess of the amount of deposits into the Fund for
6the 24 months prior to June 30 less:
7        (1) the amount of paid and payables received by June 30
8    for the 24 months prior to June 30 as determined eligible
9    under subsection (a) of this Section;
10        (2) the administrative costs associated with the Fund
11    for the 24 months prior to June 30; and
12        (3) the prorated portion of any other adjustments made
13    to the Fund in the 24 months prior to June 30.
14    After making the calculation required under this
15subsection (e), each carrier's available balance for purposes
16of reimbursements must be adjusted using the same calculation.
17    (f) The Illinois Commerce Commission shall adopt rules to
18govern the reimbursement process.
19    (g) On January 1, 2008 (the effective date of Public Act
2095-698), or as soon thereafter as practical, the State
21Comptroller shall order transferred and the State Treasurer
22shall transfer the sum of $8,000,000 from the Wireless Carrier
23Reimbursement Fund to the Wireless Service Emergency Fund. That
24amount shall be used by the Illinois Commerce Commission to
25make grants in the manner described in Section 25 of this Act.
26(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,

 

 

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1eff. 8-21-08.)