Sen. John J. Cullerton
Filed: 5/29/2014
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2453
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2453, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Department of State Police Law of the
Civil | ||||||
6 | Administrative Code of Illinois is amended by changing Section | ||||||
7 | 2605-25 as follows:
| ||||||
8 | (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
| ||||||
9 | Sec. 2605-25. Department divisions. The Department is | ||||||
10 | divided into the
Illinois State Police Academy and 4 divisions:
| ||||||
11 | the Division of Operations,
the Division of Forensic Services, | ||||||
12 | the Division of
Administration, and the Division of Internal | ||||||
13 | Investigation. Beginning on July, 1, 2015, there shall be the | ||||||
14 | Division of the Statewide 9-1-1 Administrator within the | ||||||
15 | Department of State Police to develop, implement, and oversee a | ||||||
16 | uniform statewide 9-1-1 system for all areas of the State |
| |||||||
| |||||||
1 | outside of municipalities having a population of more than | ||||||
2 | 500,000.
| ||||||
3 | (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-760, | ||||||
4 | eff. 1-1-01.)
| ||||||
5 | Section 10. The Emergency Telephone System Act is amended | ||||||
6 | by changing Section 15.3 as follows:
| ||||||
7 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||||||
8 | Sec. 15.3. Surcharge. | ||||||
9 | (a) The corporate authorities of any municipality or any
| ||||||
10 | county may, subject to the limitations of subsections (c), (d), | ||||||
11 | and (h),
and in addition to any tax levied pursuant to the | ||||||
12 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
13 | monthly surcharge on billed subscribers
of network connection | ||||||
14 | provided by telecommunication carriers engaged in the
business | ||||||
15 | of transmitting messages by means of electricity originating | ||||||
16 | within
the corporate limits of the municipality or county | ||||||
17 | imposing the surcharge at
a rate per network connection | ||||||
18 | determined in accordance with subsection (c), however the | ||||||
19 | monthly surcharge shall not apply to a network connection | ||||||
20 | provided for use with pay telephone services.
Provided, | ||||||
21 | however, that where multiple voice grade communications | ||||||
22 | channels
are connected between the subscriber's premises and a | ||||||
23 | public switched network
through private branch exchange (PBX) | ||||||
24 | or centrex type service, a municipality
imposing a surcharge at |
| |||||||
| |||||||
1 | a rate per network connection, as determined in
accordance with | ||||||
2 | this Act, shall impose: | ||||||
3 | (i) in a municipality with a population of 500,000 or | ||||||
4 | less or in any county, 5 such surcharges per network
| ||||||
5 | connection, as determined in accordance with subsections | ||||||
6 | (a) and (d) of
Section 2.12 of this Act, for both regular | ||||||
7 | service and advanced service provisioned trunk lines; | ||||||
8 | (ii) in a municipality with a population, prior to | ||||||
9 | March 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
10 | connection, as determined in accordance
with subsections | ||||||
11 | (a) and (d) of Section 2.12 of this Act, for both regular | ||||||
12 | service and advanced
service provisioned trunk lines; | ||||||
13 | (iii) in a municipality with a population, as of March | ||||||
14 | 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
15 | connection, as determined in
accordance with subsections | ||||||
16 | (a) and (d) of Section 2.12 of this Act, for regular | ||||||
17 | service
provisioned trunk lines, and 12 surcharges per | ||||||
18 | network connection, as determined in accordance
with | ||||||
19 | subsections (a) and (d) of Section 2.12 of this Act, for | ||||||
20 | advanced service provisioned trunk
lines, except where an | ||||||
21 | advanced service provisioned trunk line supports at least 2 | ||||||
22 | but fewer
than 23 simultaneous voice grade calls ("VGC's"), | ||||||
23 | a telecommunication carrier may
elect to impose fewer than | ||||||
24 | 12 surcharges per trunk line as provided in subsection (iv)
| ||||||
25 | of this Section; or | ||||||
26 | (iv) for an advanced service provisioned trunk line |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | connected between the
subscriber's premises and the public | |||||||||||||||||||||
2 | switched network through a P.B.X., where the advanced
| |||||||||||||||||||||
3 | service provisioned trunk line is capable of transporting | |||||||||||||||||||||
4 | at least 2 but fewer than 23
simultaneous VGC's per trunk | |||||||||||||||||||||
5 | line, the telecommunications carrier collecting the | |||||||||||||||||||||
6 | surcharge
may elect to impose surcharges in accordance with | |||||||||||||||||||||
7 | the table provided in this Section, without limiting
any | |||||||||||||||||||||
8 | telecommunications carrier's obligations to otherwise keep | |||||||||||||||||||||
9 | and maintain records. Any
telecommunications carrier | |||||||||||||||||||||
10 | electing to impose fewer than 12 surcharges per an advanced
| |||||||||||||||||||||
11 | service provisioned trunk line shall keep and maintain | |||||||||||||||||||||
12 | records adequately to demonstrate the
VGC capability of | |||||||||||||||||||||
13 | each advanced service provisioned trunk line with fewer | |||||||||||||||||||||
14 | than 12
surcharges imposed, provided that 12 surcharges | |||||||||||||||||||||
15 | shall be imposed on an advanced service
provisioned trunk | |||||||||||||||||||||
16 | line regardless of the VGC capability where a | |||||||||||||||||||||
17 | telecommunications carrier
cannot demonstrate the VGC | |||||||||||||||||||||
18 | capability of the advanced service provisioned trunk line.
| |||||||||||||||||||||
| ||||||||||||||||||||||
23 | Subsections (i), (ii), (iii), and (iv) are not intended to | |||||||||||||||||||||
24 | make any change in the meaning of this Section, but are |
| |||||||
| |||||||
1 | intended to remove possible ambiguity, thereby confirming the | ||||||
2 | intent of paragraph (a) as it existed prior to and following | ||||||
3 | the effective date of this amendatory Act of the 97th General | ||||||
4 | Assembly. | ||||||
5 | For mobile telecommunications services, if a surcharge is | ||||||
6 | imposed it shall be
imposed based upon the municipality or | ||||||
7 | county that encompasses the customer's
place of primary use as | ||||||
8 | defined in the Mobile Telecommunications Sourcing
Conformity | ||||||
9 | Act. A municipality may enter into an intergovernmental
| ||||||
10 | agreement with any county in which it is partially located, | ||||||
11 | when the county
has adopted an ordinance to impose a surcharge | ||||||
12 | as provided in subsection
(c), to include that portion of the | ||||||
13 | municipality lying outside the county
in that county's | ||||||
14 | surcharge referendum. If the county's surcharge
referendum is | ||||||
15 | approved, the portion of the municipality identified in the
| ||||||
16 | intergovernmental agreement shall automatically be | ||||||
17 | disconnected from the
county in which it lies and connected to | ||||||
18 | the county which approved the
referendum for purposes of a | ||||||
19 | surcharge on telecommunications carriers.
| ||||||
20 | (b) For purposes of computing the surcharge imposed by | ||||||
21 | subsection (a),
the network connections to which the surcharge | ||||||
22 | shall apply shall be those
in-service network connections, | ||||||
23 | other than those network connections
assigned to the | ||||||
24 | municipality or county, where the service address for each
such | ||||||
25 | network connection or connections is located within the | ||||||
26 | corporate
limits of the municipality or county levying the |
| |||||||
| |||||||
1 | surcharge. Except for mobile
telecommunication services, the | ||||||
2 | "service address" shall mean the location of
the primary use of | ||||||
3 | the network connection or connections. For mobile
| ||||||
4 | telecommunication services, "service address" means the | ||||||
5 | customer's place of
primary use as defined in the Mobile | ||||||
6 | Telecommunications Sourcing Conformity
Act.
| ||||||
7 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
8 | under this
Section the clerk of the municipality or county | ||||||
9 | shall certify the question
of whether the surcharge may be | ||||||
10 | imposed to the proper election authority
who shall submit the | ||||||
11 | public question to the electors of the municipality or
county | ||||||
12 | in accordance with the general election law; provided that such
| ||||||
13 | question shall not be submitted at a consolidated primary | ||||||
14 | election. The
public question shall be in substantially the | ||||||
15 | following form:
| ||||||
16 | -------------------------------------------------------------
| ||||||
17 | Shall the county (or city, village
| ||||||
18 | or incorporated town) of ..... impose YES
| ||||||
19 | a surcharge of up to ...в per month per
| ||||||
20 | network connection, which surcharge will
| ||||||
21 | be added to the monthly bill you receive ------------------
| ||||||
22 | for telephone or telecommunications
| ||||||
23 | charges, for the purpose of installing
| ||||||
24 | (or improving) a 9-1-1 Emergency NO
| ||||||
25 | Telephone System?
| ||||||
26 | -------------------------------------------------------------
|
| |||||||
| |||||||
1 | If a majority of the votes cast upon the public question | ||||||
2 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
3 | However, if a Joint Emergency Telephone System Board is to | ||||||
4 | be created
pursuant to an intergovernmental agreement under | ||||||
5 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
6 | subject to the approval of a
majority of the total number of | ||||||
7 | votes cast upon the public question by the
electors of all of | ||||||
8 | the municipalities or counties, or combination thereof,
that | ||||||
9 | are parties to the intergovernmental agreement.
| ||||||
10 | The referendum requirement of this subsection (c) shall not | ||||||
11 | apply
to any municipality with a population over 500,000 or to | ||||||
12 | any
county in which a proposition as to whether a sophisticated | ||||||
13 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
14 | county, at a cost not to
exceed a specified monthly amount per | ||||||
15 | network connection, has previously
been approved by a majority | ||||||
16 | of the electors of the county voting on the
proposition at an | ||||||
17 | election conducted before the effective date of this
amendatory | ||||||
18 | Act of 1987.
| ||||||
19 | (d) A county may not impose a surcharge, unless requested | ||||||
20 | by a
municipality, in any incorporated area which has | ||||||
21 | previously approved a
surcharge as provided in subsection (c) | ||||||
22 | or in any incorporated area where
the corporate authorities of | ||||||
23 | the municipality have previously entered into
a binding | ||||||
24 | contract or letter of intent with a telecommunications carrier | ||||||
25 | to
provide sophisticated 9-1-1 service through municipal | ||||||
26 | funds.
|
| |||||||
| |||||||
1 | (e) A municipality or county may at any time by ordinance | ||||||
2 | change the
rate of the surcharge imposed under this Section if | ||||||
3 | the new rate does not
exceed the rate specified in the | ||||||
4 | referendum held pursuant to subsection (c).
| ||||||
5 | (f) The surcharge authorized by this Section shall be | ||||||
6 | collected from
the subscriber by the telecommunications | ||||||
7 | carrier providing the subscriber
the network connection as a | ||||||
8 | separately stated item on the subscriber's bill.
| ||||||
9 | (g) The amount of surcharge collected by the | ||||||
10 | telecommunications carrier
shall be paid to the particular | ||||||
11 | municipality or county or Joint Emergency
Telephone System | ||||||
12 | Board not later than 30 days after the surcharge is
collected, | ||||||
13 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||||||
14 | charges then due the particular telecommunications carrier, as | ||||||
15 | shown on an
itemized bill. The telecommunications carrier | ||||||
16 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
17 | the gross amount of surcharge
collected to reimburse the | ||||||
18 | telecommunications carrier for the expense of
accounting and | ||||||
19 | collecting the surcharge.
| ||||||
20 | (h) Except as expressly provided in subsection (a) of this | ||||||
21 | Section, on or after the effective date of this amendatory Act | ||||||
22 | of the 98th General Assembly and until July 1, 2015, a | ||||||
23 | municipality with a population of 500,000 or more shall not | ||||||
24 | impose a monthly surcharge per network connection in excess of | ||||||
25 | the highest monthly surcharge imposed as of January 1, 2014 by | ||||||
26 | any county or municipality under subsection (c) of this |
| |||||||
| |||||||
1 | Section. On or after July 1, 2015, a
municipality with a | ||||||
2 | population over 500,000 may not impose a
monthly surcharge in | ||||||
3 | excess of $2.50
per network connection.
| ||||||
4 | (i) Any municipality or county or joint emergency telephone | ||||||
5 | system
board that has imposed a surcharge pursuant to this | ||||||
6 | Section prior to the
effective date of this amendatory Act of | ||||||
7 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
8 | subsection (b) of this Section.
| ||||||
9 | (j) The corporate authorities of any municipality or county | ||||||
10 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
11 | other obligations secured
in whole or in part by the proceeds | ||||||
12 | of the surcharge described in this
Section. Notwithstanding any | ||||||
13 | change in law subsequent to the issuance of
any bonds, notes or | ||||||
14 | other obligations secured by the surcharge, every
municipality | ||||||
15 | or county issuing such bonds, notes or other obligations shall
| ||||||
16 | be authorized to impose the surcharge as though the laws | ||||||
17 | relating to the
imposition of the surcharge in effect at the | ||||||
18 | time of issuance of the
bonds, notes or other obligations were | ||||||
19 | in full force and effect until the
bonds, notes or other | ||||||
20 | obligations are paid in full.
The State of Illinois pledges and | ||||||
21 | agrees that it will not limit or alter
the rights and powers | ||||||
22 | vested in municipalities and counties by this Section
to impose | ||||||
23 | the surcharge so as to impair the terms of or affect the
| ||||||
24 | security for bonds, notes or other obligations secured in whole | ||||||
25 | or in part
with the proceeds of the surcharge described in this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (k) Any surcharge collected by or imposed on a | ||||||
2 | telecommunications
carrier pursuant to this Section shall be | ||||||
3 | held to be a special fund in
trust for the municipality, county | ||||||
4 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
5 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
6 | the special fund shall not be subject to the claims of
| ||||||
7 | creditors of the telecommunication carrier.
| ||||||
8 | (Source: P.A. 97-463, eff. 8-19-11.)
| ||||||
9 | Section 15. The Wireless Emergency Telephone Safety Act is | ||||||
10 | amended by changing Sections 17, 35, 45, 70, and 85 and by | ||||||
11 | adding Section 27 as follows:
| ||||||
12 | (50 ILCS 751/17)
| ||||||
13 | (Section scheduled to be repealed on July 1, 2014)
| ||||||
14 | Sec. 17. Wireless carrier surcharge.
| ||||||
15 | (a) Except as provided in Sections 45 and 80, each wireless
| ||||||
16 | carrier shall impose a monthly wireless carrier surcharge per | ||||||
17 | CMRS connection
that either has a telephone number within an | ||||||
18 | area code assigned to Illinois by
the North American Numbering | ||||||
19 | Plan Administrator or has a billing address in
this State. No
| ||||||
20 | wireless carrier
shall impose the surcharge authorized by this
| ||||||
21 | Section upon any subscriber who is subject to the surcharge | ||||||
22 | imposed by a unit
of local
government
pursuant to Section 45.
| ||||||
23 | Prior to January 1, 2008 (the effective date of Public Act | ||||||
24 | 95-698), the surcharge amount shall be the amount set by the |
| |||||||
| |||||||
1 | Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008 | ||||||
2 | (the effective date of Public Act 95-698), the monthly | ||||||
3 | surcharge imposed under this Section shall be $0.73 per CMRS | ||||||
4 | connection. The wireless carrier that provides wireless | ||||||
5 | service to the
subscriber shall collect the surcharge
from the | ||||||
6 | subscriber.
For mobile telecommunications services provided on | ||||||
7 | and after August 1, 2002,
any surcharge imposed under this Act | ||||||
8 | shall be imposed based upon the
municipality or county that | ||||||
9 | encompasses
the customer's place of primary use as defined in | ||||||
10 | the Mobile Telecommunications
Sourcing Conformity Act.
The | ||||||
11 | surcharge shall be stated as a separate item on the
| ||||||
12 | subscriber's monthly bill. The wireless carrier shall begin | ||||||
13 | collecting the
surcharge on bills issued within 90 days after | ||||||
14 | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||||||
15 | surcharge. State and local taxes shall not
apply to the | ||||||
16 | wireless carrier surcharge.
| ||||||
17 | (b) Except as provided in Sections 45 and 80, a wireless | ||||||
18 | carrier shall, within 45
days of collection, remit, either by | ||||||
19 | check or by electronic funds transfer, to
the State Treasurer | ||||||
20 | the amount of the wireless carrier surcharge collected
from | ||||||
21 | each subscriber.
Of the amounts remitted under this subsection | ||||||
22 | prior to January 1, 2008 (the effective date of Public Act | ||||||
23 | 95-698), and for surcharges imposed before January 1, 2008 (the | ||||||
24 | effective date of Public Act 95-698)
but remitted after January | ||||||
25 | 1, 2008, the State
Treasurer shall deposit one-third into the | ||||||
26 | Wireless Carrier Reimbursement Fund
and two-thirds into the |
| |||||||
| |||||||
1 | Wireless Service Emergency Fund. For surcharges collected and | ||||||
2 | remitted on or after January 1, 2008 (the effective date of | ||||||
3 | Public Act 95-698), $0.1475 per surcharge collected shall be | ||||||
4 | deposited into the Wireless Carrier Reimbursement Fund, and | ||||||
5 | $0.5825 per surcharge collected shall be deposited into the | ||||||
6 | Wireless Service Emergency Fund. For surcharges collected and | ||||||
7 | remitted on or after July 1, 2014, $0.05 per surcharge | ||||||
8 | collected shall be deposited in the Wireless Carrier | ||||||
9 | Reimbursement Fund, $0.66 per surcharge shall be deposited in | ||||||
10 | to the Wireless Service Emergency Fund, and $0.02 per surcharge | ||||||
11 | collected shall be deposited into in the Wireless Service | ||||||
12 | Emergency Fund and distributed in equal amounts to County | ||||||
13 | Emergency System Telephone Boards in counties with a population | ||||||
14 | under 100,000 according to the most recent census data. Of the | ||||||
15 | amounts deposited into the Wireless Carrier Reimbursement Fund | ||||||
16 | under this subsection, $0.01 per surcharge collected may be | ||||||
17 | distributed to the carriers to cover their administrative | ||||||
18 | costs. Of the amounts deposited into the Wireless Service | ||||||
19 | Emergency Fund under this subsection, $0.01 per surcharge | ||||||
20 | collected may be disbursed to the Illinois Commerce Commission | ||||||
21 | to cover its administrative costs.
| ||||||
22 | (c)
The first such remittance by wireless carriers shall | ||||||
23 | include the number
of wireless subscribers by zip code, and the | ||||||
24 | 9-digit zip code if currently being used or
later implemented | ||||||
25 | by the carrier, that shall be the means by which the
Illinois | ||||||
26 | Commerce Commission shall determine distributions from
the |
| |||||||
| |||||||
1 | Wireless Service Emergency Fund.
This information shall be | ||||||
2 | updated no less often than every year. Wireless
carriers are | ||||||
3 | not required to remit surcharge moneys that are billed to
| ||||||
4 | subscribers but not yet collected. Any carrier that fails to | ||||||
5 | provide the zip code information required under this subsection | ||||||
6 | (c) shall be subject to the penalty set forth in subsection (f) | ||||||
7 | of this Section.
| ||||||
8 | (d) Any funds collected under the Prepaid Wireless 9-1-1 | ||||||
9 | Surcharge Act shall be distributed using a prorated method | ||||||
10 | based upon zip code information collected from post-paid | ||||||
11 | wireless carriers under subsection (c) of this Section. | ||||||
12 | (e) If before midnight on the last day of the third | ||||||
13 | calendar month after the closing date of the remit period a | ||||||
14 | wireless carrier does not remit the surcharge or any portion | ||||||
15 | thereof required under this Section, then the surcharge or | ||||||
16 | portion thereof shall be deemed delinquent until paid in full, | ||||||
17 | and the Illinois Commerce Commission may impose a penalty | ||||||
18 | against the carrier in an amount equal to the greater of: | ||||||
19 | (1) $25 for each month or portion of a month from the | ||||||
20 | time an amount becomes delinquent until the amount is paid | ||||||
21 | in full; or | ||||||
22 | (2) an amount equal to the product of 1% and the sum of | ||||||
23 | all delinquent amounts for each month or portion of a month | ||||||
24 | that the delinquent amounts remain unpaid. | ||||||
25 | A penalty imposed in accordance with this subsection (e) | ||||||
26 | for a portion of a month during which the carrier provides the |
| |||||||
| |||||||
1 | number of subscribers by zip code as required under subsection | ||||||
2 | (c) of this Section shall be prorated for each day of that | ||||||
3 | month during which the carrier had not provided the number of | ||||||
4 | subscribers by zip code as required under subsection (c) of | ||||||
5 | this Section. Any penalty imposed under this subsection (e) is | ||||||
6 | in addition to the amount of the delinquency and is in addition | ||||||
7 | to any other penalty imposed under this Section. | ||||||
8 | (f) If, before midnight on the last day of the third | ||||||
9 | calendar month after the closing date of the remit period, a | ||||||
10 | wireless carrier does not provide the number of subscribers by | ||||||
11 | zip code as required under subsection (c) of this Section, then | ||||||
12 | the report is deemed delinquent and the Illinois Commerce | ||||||
13 | Commission may impose a penalty against the carrier in an | ||||||
14 | amount equal to the greater of: | ||||||
15 | (1) $25 for each month or portion of a month that the | ||||||
16 | report is delinquent; or | ||||||
17 | (2) an amount equal to the product of 1/2в and the | ||||||
18 | number of subscribers served by the wireless carrier. On | ||||||
19 | and after July 1, 2014, an amount equal to the product of | ||||||
20 | $0.01 and the number of subscribers served by the wireless | ||||||
21 | carrier. | ||||||
22 | A penalty imposed in accordance with this subsection (f) | ||||||
23 | for a portion of a month during which the carrier pays the | ||||||
24 | delinquent amount in full shall be prorated for each day of | ||||||
25 | that month that the delinquent amount was paid in full. A | ||||||
26 | penalty imposed and collected in accordance with subsection (e) |
| |||||||
| |||||||
1 | or this subsection (f) shall be deposited into the Wireless | ||||||
2 | Service Emergency Fund for distribution according to Section 25 | ||||||
3 | of this Act. Any penalty imposed under this subsection (f) is | ||||||
4 | in addition to any other penalty imposed under this Section. | ||||||
5 | (g) The Illinois Commerce Commission may enforce the | ||||||
6 | collection of any delinquent amount and any penalty due and | ||||||
7 | unpaid under this Section by legal action or in any other | ||||||
8 | manner by which the collection of debts due the State of | ||||||
9 | Illinois may be enforced under the laws of this State. The | ||||||
10 | Executive Director of the Illinois Commerce Commission, or his | ||||||
11 | or her designee, may excuse the payment of any penalty imposed | ||||||
12 | under this Section if the Executive Director, or his or her | ||||||
13 | designee, determines that the enforcement of this penalty is | ||||||
14 | unjust. | ||||||
15 | (h)
Notwithstanding any provision of law to the contrary,
| ||||||
16 | nothing shall impair the right of wireless carriers to recover
| ||||||
17 | compliance costs for all emergency communications services | ||||||
18 | that are not reimbursed out of the Wireless Carrier | ||||||
19 | Reimbursement Fund
directly from their wireless subscribers | ||||||
20 | via line-item charges on the wireless subscriber's
bill. Those | ||||||
21 | compliance costs include all costs
incurred by wireless | ||||||
22 | carriers in complying with local, State,
and federal regulatory | ||||||
23 | or legislative mandates that require the
transmission and | ||||||
24 | receipt of emergency communications to and
from the general | ||||||
25 | public, including, but not limited to, E-911.
| ||||||
26 | (i)
The Auditor General shall conduct, on an annual basis, |
| |||||||
| |||||||
1 | an audit of the Wireless Service Emergency Fund and the | ||||||
2 | Wireless Carrier Reimbursement Fund for compliance with the | ||||||
3 | requirements of this Act. The audit shall include, but not be | ||||||
4 | limited to, the following determinations:
| ||||||
5 | (1) Whether the Commission is maintaining detailed | ||||||
6 | records of all receipts and disbursements from the Wireless | ||||||
7 | Carrier Emergency Fund and the Wireless Carrier | ||||||
8 | Reimbursement Fund.
| ||||||
9 | (2) Whether the Commission's administrative costs | ||||||
10 | charged to the funds are adequately documented and are | ||||||
11 | reasonable.
| ||||||
12 | (3) Whether the Commission's procedures for making | ||||||
13 | grants and providing reimbursements in accordance with the | ||||||
14 | Act are adequate.
| ||||||
15 | (4) The status of the implementation of wireless 9-1-1 | ||||||
16 | and E9-1-1 services in Illinois.
| ||||||
17 | The Commission, the Department of State Police, and any | ||||||
18 | other entity or person that may have information relevant to | ||||||
19 | the audit shall cooperate fully and promptly with the Office of | ||||||
20 | the Auditor General in conducting the audit. The Auditor | ||||||
21 | General shall commence the audit as soon as possible and | ||||||
22 | distribute the report upon completion in accordance with | ||||||
23 | Section 3-14 of the Illinois State Auditing Act.
| ||||||
24 | (Source: P.A. 97-463, eff. 1-1-12 .)
| ||||||
25 | (50 ILCS 751/27 new) |
| |||||||
| |||||||
1 | Sec. 27. Financial reports. | ||||||
2 | (a) The Illinois Commerce Commission shall create uniform | ||||||
3 | accounting procedures, with such modification as may be | ||||||
4 | required to give effect to statutory provisions applicable only | ||||||
5 | to municipalities with a population in excess of 500,000, that | ||||||
6 | any emergency telephone system board, qualified governmental | ||||||
7 | entity, or unit of local government described in Section 15 of | ||||||
8 | this Act and Section 15.4 of the Emergency Telephone System Act | ||||||
9 | or any entity imposing a wireless surcharge pursuant to Section | ||||||
10 | 45 of this Act must follow. | ||||||
11 | (b) By October 1, 2014, each emergency telephone system | ||||||
12 | board, qualified governmental entity, or unit of local | ||||||
13 | government described in Section 15 of this Act and Section 15.4 | ||||||
14 | of the Emergency Telephone System Act or any entity imposing a | ||||||
15 | wireless surcharge pursuant to Section 45 of this Act shall | ||||||
16 | report to the Illinois Commerce Commission audited financial | ||||||
17 | statements showing total revenue and expenditures for each of | ||||||
18 | the last two of its fiscal years in a form and manner as | ||||||
19 | prescribed by the Illinois Commerce Commission's Manager of | ||||||
20 | Accounting. Such financial information shall include: | ||||||
21 | (1) a detailed summary of revenue from all sources | ||||||
22 | including, but not limited to, local, State, federal, and | ||||||
23 | private revenues, and any other funds received; | ||||||
24 | (2) operating expenses, capital expenditures, and cash | ||||||
25 | balances; and | ||||||
26 | (3) such other financial information that is relevant |
| |||||||
| |||||||
1 | to the provision of 9-1-1 services as determined by the | ||||||
2 | Illinois Commerce Commission's Manager of Accounting. | ||||||
3 | The emergency telephone system board, qualified | ||||||
4 | governmental entity, or unit of local government is responsible | ||||||
5 | for any costs associated with auditing such financial | ||||||
6 | statements. The Illinois Commerce Commission shall post the | ||||||
7 | audited financial statements on the Commission's website. | ||||||
8 | (c) By January 31, 2016 and each year thereafter, each | ||||||
9 | emergency telephone system board, qualified governmental | ||||||
10 | entity, or unit of local government described in Section 15 of | ||||||
11 | this Act and Section 15.4 of the Emergency Telephone System Act | ||||||
12 | or any entity imposing a wireless surcharge pursuant to Section | ||||||
13 | 45 of this Act shall report to the Illinois Commerce Commission | ||||||
14 | audited annual financial statements showing total revenue and | ||||||
15 | expenditures in a form and manner as prescribed by the Illinois | ||||||
16 | Commerce Commission's Manager of Accounting. | ||||||
17 | The emergency telephone system board, qualified | ||||||
18 | governmental entity, or unit of local government is responsible | ||||||
19 | for any costs associated with auditing such financial | ||||||
20 | statements. | ||||||
21 | The Illinois Commerce Commission shall post each entity's | ||||||
22 | individual audited annual financial statements on the | ||||||
23 | Commission's website. | ||||||
24 | (d) If an emergency telephone system board or qualified | ||||||
25 | governmental entity that receives funds from the Wireless | ||||||
26 | Service Emergency Fund fails to file the 9-1-1 system financial |
| |||||||
| |||||||
1 | reports as required under this Section, the Illinois Commerce | ||||||
2 | Commission shall suspend and withhold monthly grants otherwise | ||||||
3 | due to the emergency telephone system board or qualified | ||||||
4 | governmental entity under Section 25 of this Act until the | ||||||
5 | report is filed. | ||||||
6 | Any monthly grants that have been withheld for 12 months or | ||||||
7 | more shall be forfeited by the emergency telephone system board | ||||||
8 | or qualified governmental entity and shall be distributed | ||||||
9 | proportionally by the Illinois Commerce Commission to | ||||||
10 | compliant emergency telephone system boards and qualified | ||||||
11 | governmental entities that receive funds from the Wireless | ||||||
12 | Service Emergency Fund. | ||||||
13 | (e) The Illinois Commerce Commission may adopt emergency | ||||||
14 | rules necessary to carry out the provisions of this Section.
| ||||||
15 | (50 ILCS 751/35)
| ||||||
16 | (Section scheduled to be repealed on July 1, 2014)
| ||||||
17 | Sec. 35. Wireless Carrier Reimbursement Fund; | ||||||
18 | reimbursement. | ||||||
19 | (a) To recover costs from the Wireless Carrier | ||||||
20 | Reimbursement Fund, the wireless
carrier shall submit sworn | ||||||
21 | invoices to the Illinois Commerce Commission. In no event may | ||||||
22 | any invoice for payment be approved for (i) costs
that are not | ||||||
23 | related to compliance with the requirements established by the
| ||||||
24 | wireless enhanced 9-1-1 mandates of the Federal Communications | ||||||
25 | Commission, or (ii)
costs with respect to any wireless enhanced |
| |||||||
| |||||||
1 | 9-1-1 service that is not operable
at the time the invoice is | ||||||
2 | submitted , or (iii) costs in excess of the sum of (A) the | ||||||
3 | carrier's balance, as determined under subsection (e) of this | ||||||
4 | Section, plus (B) 100% of the surcharge
remitted to the
| ||||||
5 | Wireless Carrier Reimbursement Fund by the wireless carrier | ||||||
6 | under Section
17(b) since the last annual review of the balance | ||||||
7 | in the Wireless Carrier Reimbursement Fund under subsection (e) | ||||||
8 | of this Section, less reimbursements paid to the carrier out of | ||||||
9 | the Wireless Carrier Reimbursement Fund since the last annual | ||||||
10 | review of the balance under subsection (e) of this Section, | ||||||
11 | unless the wireless carrier received prior approval for the | ||||||
12 | expenditures
from the Illinois Commerce Commission .
| ||||||
13 | (b) If in any month the total amount of invoices submitted | ||||||
14 | to the Illinois Commerce Commission and approved for payment | ||||||
15 | exceeds the amount
available in the Wireless Carrier | ||||||
16 | Reimbursement Fund, wireless carriers that
have invoices | ||||||
17 | approved for payment shall receive a pro-rata share of the | ||||||
18 | amount
available in the Wireless Carrier Reimbursement Fund | ||||||
19 | based on the relative
amount of their approved invoices | ||||||
20 | available that month, and the balance of
the payments shall be | ||||||
21 | carried into the following months until all of the approved
| ||||||
22 | payments
are made.
| ||||||
23 | (c) A wireless carrier may not receive payment from the | ||||||
24 | Wireless Carrier
Reimbursement Fund for its costs of providing | ||||||
25 | wireless enhanced 9-1-1 services
in an area when a unit of | ||||||
26 | local government or emergency telephone system board
provides |
| |||||||
| |||||||
1 | wireless 9-1-1 services in that area and was imposing and | ||||||
2 | collecting a
wireless carrier surcharge prior to July 1, 1998.
| ||||||
3 | (d) The Illinois Commerce Commission shall maintain | ||||||
4 | detailed records
of all receipts and disbursements and shall | ||||||
5 | provide an annual accounting of all
receipts and disbursements | ||||||
6 | to the Auditor General. | ||||||
7 | (e) The Illinois Commerce Commission must annually review | ||||||
8 | the balance in the Wireless Carrier Reimbursement Fund as of | ||||||
9 | June 30 of each year and shall direct the Comptroller to | ||||||
10 | transfer into the Wireless Services Emergency Fund for | ||||||
11 | distribution in accordance with Section 25 of this Act any | ||||||
12 | amount in excess of the amount of deposits into the Fund for | ||||||
13 | the 24 months prior to June 30 less: | ||||||
14 | (1) the amount of paid and payables received by June 30 | ||||||
15 | for the 24 months prior to June 30 as determined eligible | ||||||
16 | under subsection (a) of this Section; | ||||||
17 | (2) the administrative costs associated with the Fund | ||||||
18 | for the 24 months prior to June 30; and | ||||||
19 | (3) the prorated portion of any other adjustments made | ||||||
20 | to the Fund in the 24 months prior to June 30. | ||||||
21 | After making the calculation required under this | ||||||
22 | subsection (e), each carrier's available balance for purposes | ||||||
23 | of reimbursements must be adjusted using the same calculation.
| ||||||
24 | (f) The Illinois Commerce Commission shall adopt rules to | ||||||
25 | govern the
reimbursement process.
| ||||||
26 | (g) On January 1, 2008 (the effective date of Public Act |
| |||||||
| |||||||
1 | 95-698), or as soon thereafter as practical, the State | ||||||
2 | Comptroller shall order transferred and the State Treasurer | ||||||
3 | shall transfer the sum of $8,000,000 from the Wireless Carrier | ||||||
4 | Reimbursement Fund to the Wireless Service Emergency Fund. That | ||||||
5 | amount shall be used by the Illinois Commerce Commission to | ||||||
6 | make grants in the manner described in Section 25 of this Act. | ||||||
7 | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | ||||||
8 | eff. 8-21-08 .)
| ||||||
9 | (50 ILCS 751/45)
| ||||||
10 | (Section scheduled to be repealed on July 1, 2014)
| ||||||
11 | Sec. 45. Continuation of current practices. | ||||||
12 | (a) Notwithstanding any other
provision of this Act, a unit | ||||||
13 | of local government or emergency telephone
system board | ||||||
14 | providing wireless 9-1-1 service and imposing and collecting a
| ||||||
15 | wireless carrier surcharge prior to July 1, 1998 may continue | ||||||
16 | its practices of
imposing and collecting its wireless carrier | ||||||
17 | surcharge, but , except as provided in subsection (b) of this | ||||||
18 | Section, in no event shall
that monthly surcharge exceed $2.50
| ||||||
19 | per commercial mobile radio service (CMRS)
connection or | ||||||
20 | in-service telephone number billed on a monthly basis.
For | ||||||
21 | mobile telecommunications services provided on and after | ||||||
22 | August 1, 2002,
any surcharge imposed shall be imposed based | ||||||
23 | upon the municipality or county
that encompasses the customer's | ||||||
24 | place of primary use as defined in the Mobile
| ||||||
25 | Telecommunications Sourcing Conformity Act.
|
| |||||||
| |||||||
1 | (b) On or after the effective date of this amendatory Act | ||||||
2 | of the 98th General Assembly and until July 1, 2015, the | ||||||
3 | corporate authorities of a municipality with a population in | ||||||
4 | excess of 500,000 on the effective date of this amendatory Act | ||||||
5 | may by ordinance impose and collect a monthly surcharge per | ||||||
6 | commercial mobile radio service (CMRS) connection or | ||||||
7 | in-service telephone number billed on a monthly basis that does | ||||||
8 | not exceed the highest monthly surcharge imposed as of January | ||||||
9 | 1, 2014 by any county or municipality under subsection (c) of | ||||||
10 | Section 15.3 of the Emergency Telephone System Act. On or after | ||||||
11 | July 1, 2015, the municipality may continue imposing and | ||||||
12 | collecting its wireless carrier surcharge as provided in and | ||||||
13 | subject to the limitations of subsection (a) of this Section. | ||||||
14 | (c) In addition to any other lawful purpose, a municipality | ||||||
15 | with a population over 500,000 may use the moneys collected | ||||||
16 | under this Section for any anti-terrorism or emergency | ||||||
17 | preparedness measures, including, but not limited to, | ||||||
18 | preparedness planning, providing local matching funds for | ||||||
19 | federal or State grants, personnel training, and specialized | ||||||
20 | equipment, including surveillance cameras as needed to deal | ||||||
21 | with natural and terrorist-inspired emergency situations or | ||||||
22 | events.
| ||||||
23 | (Source: P.A. 95-698, eff. 1-1-08 .)
| ||||||
24 | (50 ILCS 751/70)
| ||||||
25 | (Section scheduled to be repealed on July 1, 2014)
|
| |||||||
| |||||||
1 | Sec. 70. Repealer. This Act is repealed on July 1, 2015 | ||||||
2 | 2014 .
| ||||||
3 | (Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
| ||||||
4 | (50 ILCS 751/85) | ||||||
5 | (Section scheduled to be repealed on July 1, 2014) | ||||||
6 | Sec. 85. 9-1-1 Services Advisory Board. | ||||||
7 | (a) There is hereby created the 9-1-1 Services Advisory | ||||||
8 | Board. The Board shall work with the Commission to determine | ||||||
9 | the 9-1-1 costs necessary for every 9-1-1 system to adequately | ||||||
10 | function and shall submit, by May 1, 2014, recommendations on | ||||||
11 | whether there is a need to consolidate 9-1-1 functions to the | ||||||
12 | General Assembly. The Board shall consist of 16 11 members with | ||||||
13 | one member each appointed by the Speaker of the House of | ||||||
14 | Representatives, the Minority Leader of the House of | ||||||
15 | Representatives, the President of the Senate, and the Minority | ||||||
16 | Leader of the Senate, and with the remainder appointed by the | ||||||
17 | Governor as follows: | ||||||
18 | (1) the Executive Director of the Illinois Commerce | ||||||
19 | Commission, or his or her designee; | ||||||
20 | (2) one member representing the Illinois chapter of the | ||||||
21 | National Emergency Number Association; | ||||||
22 | (3) one member representing the Illinois chapter of the | ||||||
23 | Association of Public-Safety Communications Officials; | ||||||
24 | (4) one member representing a county 9-1-1 system from | ||||||
25 | a county with a population of 50,000 or less; |
| |||||||
| |||||||
1 | (5) one member representing a county 9-1-1 system from | ||||||
2 | a county with a population between 50,000 and 250,000; | ||||||
3 | (6) one member representing a county 9-1-1 system from | ||||||
4 | a county with a population of 250,000 or more; | ||||||
5 | (7) one member representing an incumbent local | ||||||
6 | exchange 9-1-1 system provider; | ||||||
7 | (8) one member representing a non-incumbent local | ||||||
8 | exchange 9-1-1 system provider; | ||||||
9 | (9) one member representing a large wireless carrier; | ||||||
10 | (10) one member representing a small wireless carrier; | ||||||
11 | and | ||||||
12 | (11) one member representing the Illinois | ||||||
13 | Telecommunications Association. | ||||||
14 | (12) the Director of State Police, or his or her | ||||||
15 | designee. | ||||||
16 | (b) The Board shall work with the Illinois Commerce | ||||||
17 | Commission to submit, by April 1, 2015, to the General Assembly | ||||||
18 | a plan for a statewide shared 9-1-1 network ("Statewide Next | ||||||
19 | Generation 9-1-1") for all areas of the State outside of | ||||||
20 | municipalities having a population of more than 500,000 to be | ||||||
21 | governed by the Statewide 9-1-1 Administrator within the | ||||||
22 | Department of State Police. The plan shall include, but not be | ||||||
23 | limited to, recommendations as to the following: | ||||||
24 | (1) the structure of the statewide network; | ||||||
25 | (2) a plan and timeline for the transition to a | ||||||
26 | statewide network; |
| |||||||
| |||||||
1 | (3) consolidation of 9-1-1 systems and services; | ||||||
2 | (4) a plan for the implementation of the Statewide Next | ||||||
3 | Generation 9-1-1; | ||||||
4 | (5) a list of costs for which the moneys from the | ||||||
5 | Wireless Service Emergency Fund should not be used; | ||||||
6 | (6) the costs necessary for the 9-1-1 systems to | ||||||
7 | adequately function; | ||||||
8 | (7) the adequate amount of the wireless surcharge in | ||||||
9 | order to support sufficient 9-1-1 services throughout the | ||||||
10 | State; | ||||||
11 | (8) a plan and timeline for the payment of past due | ||||||
12 | Wireless Carrier Reimbursement Fund invoices to wireless | ||||||
13 | carriers; and | ||||||
14 | (9) the proper division of responsibilities between | ||||||
15 | the Statewide 9-1-1 Administrator and the Illinois | ||||||
16 | Commerce Commission for the oversight of funding | ||||||
17 | distribution, technological standards, and system plan | ||||||
18 | authorizations, modifications and consolidations going | ||||||
19 | forward. | ||||||
20 | (c) The Board is abolished on July 1, 2015 2014 .
| ||||||
21 | (Source: P.A. 98-45, eff. 6-28-13; 98-602, eff. 12-6-13.) | ||||||
22 | Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is | ||||||
23 | amended by changing Section 15 as follows: | ||||||
24 | (50 ILCS 753/15)
|
| |||||||
| |||||||
1 | Sec. 15. Prepaid wireless 9-1-1 surcharge. | ||||||
2 | (a) There is hereby imposed on consumers a prepaid wireless | ||||||
3 | 9-1-1 surcharge of 1.5% per retail transaction.
The surcharge | ||||||
4 | authorized by this subsection (a) does not apply in a home rule | ||||||
5 | municipality having a population in excess of 500,000. The | ||||||
6 | amount of the surcharge may be reduced or increased pursuant to | ||||||
7 | subsection (e). | ||||||
8 | (a-5) On or after the effective date of this amendatory Act | ||||||
9 | of the 98th General Assembly and until July 1, 2015, a home | ||||||
10 | rule municipality having a population in excess of 500,000 on | ||||||
11 | the effective date of this amendatory Act may impose a prepaid | ||||||
12 | wireless 9-1-1 surcharge not to exceed 9% per retail | ||||||
13 | transaction sourced to that jurisdiction and collected and | ||||||
14 | remitted in accordance with the provisions of subsection (b-5) | ||||||
15 | of this Section. On or after July 1, 2015, a A home rule | ||||||
16 | municipality having a population in excess of 500,000 on the | ||||||
17 | effective date of this Act may only impose a prepaid wireless | ||||||
18 | 9-1-1 surcharge not to exceed 7% per retail transaction sourced | ||||||
19 | to that jurisdiction and collected and remitted in accordance | ||||||
20 | with the provisions of subsection (b-5). | ||||||
21 | (b) The prepaid wireless 9-1-1 surcharge shall be collected | ||||||
22 | by the seller from the consumer with respect to each retail | ||||||
23 | transaction occurring in this State and shall be remitted to | ||||||
24 | the Department by the seller as provided in this Act. The | ||||||
25 | amount of the prepaid wireless 9-1-1 surcharge shall be | ||||||
26 | separately stated as a distinct item apart from the charge for |
| |||||||
| |||||||
1 | the prepaid wireless telecommunications service on an invoice, | ||||||
2 | receipt, or other similar document that is provided to the | ||||||
3 | consumer by the seller or shall be otherwise disclosed to the | ||||||
4 | consumer.
If the seller does not separately state the surcharge | ||||||
5 | as a distinct item to the consumer as provided in this Section, | ||||||
6 | then the seller shall maintain books and records as required by | ||||||
7 | this Act which clearly identify the amount of the 9-1-1 | ||||||
8 | surcharge for retail transactions. | ||||||
9 | For purposes of this subsection (b), a retail transaction | ||||||
10 | occurs in this State if (i) the retail transaction is made in | ||||||
11 | person by a consumer at the seller's business location and the | ||||||
12 | business is located within the State; (ii) the seller is a | ||||||
13 | provider and sells prepaid wireless telecommunications service | ||||||
14 | to a consumer located in Illinois; (iii) the retail transaction | ||||||
15 | is treated as occurring in this State for purposes of the | ||||||
16 | Retailers' Occupation Tax Act; or (iv) a seller that is | ||||||
17 | included within the definition of a "retailer maintaining a | ||||||
18 | place of business in this State" under Section 2 of the Use Tax | ||||||
19 | Act makes a sale of prepaid wireless telecommunications service | ||||||
20 | to a consumer located in Illinois. In the case of a retail | ||||||
21 | transaction which does not occur in person at a seller's | ||||||
22 | business location, if a consumer uses a credit card to purchase | ||||||
23 | prepaid wireless telecommunications service on-line or over | ||||||
24 | the telephone, and no product is shipped to the consumer, the | ||||||
25 | transaction occurs in this State if the billing address for the | ||||||
26 | consumer's credit card is in this State. |
| |||||||
| |||||||
1 | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
2 | subsection (a-5) of this Section shall be collected by the | ||||||
3 | seller from the consumer with respect to each retail | ||||||
4 | transaction occurring in the municipality imposing the | ||||||
5 | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||||||
6 | shall be separately stated on an invoice, receipt, or other | ||||||
7 | similar document that is provided to the consumer by the seller | ||||||
8 | or shall be otherwise disclosed to the consumer. If the seller | ||||||
9 | does not separately state the surcharge as a distinct item to | ||||||
10 | the consumer as provided in this Section, then the seller shall | ||||||
11 | maintain books and records as required by this Act which | ||||||
12 | clearly identify the amount of the 9-1-1 surcharge for retail | ||||||
13 | transactions. | ||||||
14 | For purposes of this subsection (b-5), a retail transaction | ||||||
15 | occurs in the municipality if (i) the retail transaction is | ||||||
16 | made in person by a consumer at the seller's business location | ||||||
17 | and the business is located within the municipality; (ii) the | ||||||
18 | seller is a provider and sells prepaid wireless | ||||||
19 | telecommunications service to a consumer located in the | ||||||
20 | municipality; (iii) the retail transaction is treated as | ||||||
21 | occurring in the municipality for purposes of the Retailers' | ||||||
22 | Occupation Tax Act; or (iv) a seller that is included within | ||||||
23 | the definition of a "retailer maintaining a place of business | ||||||
24 | in this State" under Section 2 of the Use Tax Act makes a sale | ||||||
25 | of prepaid wireless telecommunications service to a consumer | ||||||
26 | located in the municipality. In the case of a retail |
| |||||||
| |||||||
1 | transaction which does not occur in person at a seller's | ||||||
2 | business location, if a consumer uses a credit card to purchase | ||||||
3 | prepaid wireless telecommunications service on-line or over | ||||||
4 | the telephone, and no product is shipped to the consumer, the | ||||||
5 | transaction occurs in the municipality if the billing address | ||||||
6 | for the consumer's credit card is in the municipality. | ||||||
7 | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||||||
8 | consumer and not on any provider. The seller shall be liable to | ||||||
9 | remit all prepaid wireless 9-1-1 surcharges that the seller | ||||||
10 | collects from consumers as provided in Section 20, including | ||||||
11 | all such surcharges that the seller is deemed to collect where | ||||||
12 | the amount of the surcharge has not been separately stated on | ||||||
13 | an invoice, receipt, or other similar document provided to the | ||||||
14 | consumer by the seller.
The surcharge collected or deemed | ||||||
15 | collected by a seller shall constitute a debt owed by the | ||||||
16 | seller to this State, and any such surcharge actually collected | ||||||
17 | shall be held in trust for the benefit of the Department. | ||||||
18 | For purposes of this subsection (c), the surcharge shall | ||||||
19 | not be imposed or collected from entities that have an active | ||||||
20 | tax exemption identification number issued by the Department | ||||||
21 | under Section 1g of the Retailers' Occupation Tax Act. | ||||||
22 | (d) The amount of the prepaid wireless 9-1-1 surcharge that | ||||||
23 | is collected by a seller from a consumer, if such amount is | ||||||
24 | separately stated on an invoice, receipt, or other similar | ||||||
25 | document provided to the consumer by the seller, shall not be | ||||||
26 | included in the base for measuring any tax, fee, surcharge, or |
| |||||||
| |||||||
1 | other charge that is imposed by this State, any political | ||||||
2 | subdivision of this State, or any intergovernmental agency.
| ||||||
3 | (e) The prepaid wireless 9-1-1 charge imposed under | ||||||
4 | subsection (a) of this Section shall be proportionately | ||||||
5 | increased or reduced, as applicable, upon any change to the | ||||||
6 | surcharge imposed under Section 17 of the Wireless Emergency | ||||||
7 | Telephone Safety Act. The adjusted rate shall be determined by | ||||||
8 | dividing the amount of the surcharge imposed under Section 17 | ||||||
9 | of the Wireless Emergency Telephone Safety Act by $50. Such | ||||||
10 | increase or reduction shall be effective on the first day of | ||||||
11 | the first calendar month to occur at least 60 days after the | ||||||
12 | enactment of the change to the surcharge imposed under Section | ||||||
13 | 17 of the Wireless Emergency Telephone Safety Act. The | ||||||
14 | Department shall provide not less than 30 days' notice of an | ||||||
15 | increase or reduction in the amount of the surcharge on the | ||||||
16 | Department's website.
| ||||||
17 | (e-5) Any changes in the rate of the surcharge imposed by a | ||||||
18 | municipality under the authority granted in subsection (a-5) of | ||||||
19 | this Section shall be effective on the first day of the first | ||||||
20 | calendar month to occur at least 60 days after the enactment of | ||||||
21 | the change. The Department shall provide not less than 30 days' | ||||||
22 | notice of the increase or reduction in the rate of such | ||||||
23 | surcharge on the Department's website. | ||||||
24 | (f) When prepaid wireless telecommunications service is | ||||||
25 | sold with one or more other products or services for a single, | ||||||
26 | non-itemized price, then the percentage specified in |
| |||||||
| |||||||
1 | subsection (a) or (a-5) of this Section 15 shall be applied to | ||||||
2 | the entire non-itemized price unless the seller elects to apply | ||||||
3 | the percentage to (i) the dollar amount of the prepaid wireless | ||||||
4 | telecommunications service if that dollar amount is disclosed | ||||||
5 | to the consumer or (ii) the portion of the price that is | ||||||
6 | attributable to the prepaid wireless telecommunications | ||||||
7 | service if the retailer can identify that portion by reasonable | ||||||
8 | and verifiable standards from its books and records that are | ||||||
9 | kept in the regular course of business for other purposes, | ||||||
10 | including, but not limited to, books and records that are kept | ||||||
11 | for non-tax purposes. However, if a minimal amount of prepaid | ||||||
12 | wireless telecommunications service is sold with a prepaid | ||||||
13 | wireless device for a single, non-itemized price, then the | ||||||
14 | seller may elect not to apply the percentage specified in | ||||||
15 | subsection (a) or (a-5) of this Section 15 to such transaction. | ||||||
16 | For purposes of this subsection, an amount of service | ||||||
17 | denominated as 10 minutes or less or $5 or less is considered | ||||||
18 | minimal.
| ||||||
19 | (Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|