Illinois General Assembly - Bill Status for SB2063

Creates the Prepaid Wireless 9-1-1 Surcharge Act. Provides for a prepaid wireless 9-1-1 surcharge of 1.5% per retail transaction. Provides that a home rule municipality with a population of more than 500,000 that was imposing its own surcharge on wireless carriers prior to July 1, 1998, may impose a prepaid wireless 9-1-1 surcharge not to exceed 6% per retail transaction sourced to that jurisdiction. Defines "retail transaction". Sets forth the requirements and procedures for sellers to collect and remit the prepaid wireless 9-1-1 surcharge. Exempts providers and sellers of prepaid wireless telecommunications service from liability for damages under specified circumstances. Preempts home rule powers. Contains other provisions. Amends the Wireless Emergency Telephone Safety Act. Removes from the definition of "wireless telephone service" prepaid wireless telephone service. Deletes certain provisions concerning surcharges for prepaid wireless telephone service. Extends the repeal of the Act to January 1, 2019. Provides that the term "wireless subscriber" does not include a subscriber with an account or number associated with prepaid wireless telecommunication service. Makes other changes. Effective July 1, 2011.

Deletes everything after the enacting clause and reinserts the bill as introduced, with the following changes: in the Prepaid Wireless 9-1-1 Surcharge Act, provides that the 9-1-1 surcharge of 1.5% shall not be applied in a home rule municipality having a population in excess of 500,000; provides that a home rule municipality having a population in excess of 500,000 on the effective date of the Act may only impose a prepaid wireless 9-1-1 surcharge not to exceed 7% per retail transaction sourced to that jurisdiction; provides that if the seller does not separately state the surcharge as a distinct item to the consumer as provided in this Section, then the seller shall maintain books and records as required by the Act which clearly identify the amount of the 9-1-1 surcharge for retail transactions; provides that the surcharge collected or deemed collected by a seller shall constitute a debt owed by the seller to the State, and any such surcharge actually collected shall be held in trust for the benefit of the Department of Revenue; sets forth additional provisions concerning the collection of a prepaid wireless 9-1-1 surcharge for retail transactions occurring in a certain municipality; provides that in the case of a retail transaction which does not occur in person at a seller's business location, if a consumer uses a credit card to purchase prepaid wireless telecommunications service on-line or over the telephone, and no product is shipped to the consumer, then the transaction occurs in the State or a certain municipality if the billing address for the consumer's credit card is in the State or a certain municipality; makes changes to provisions concerning the administration of prepaid wireless 9-1-1 surcharge and the Retailers' Occupation Tax Act; provides that for the first 12 months after the effective date of the Act, a seller shall be permitted to deduct and retain 5% of prepaid wireless 9-1-1 surcharges that are collected by the seller from consumers and that are remitted and timely filed with the Department; provides that after the first 12 months, a seller shall be permitted to deduct and retain 3% of prepaid wireless 9-1-1 surcharges; provides that the Illinois Commerce Commission shall distribute funds in the same proportion as they are distributed under the Wireless Emergency Telephone Safety Act and the funds may only be used in accordance with the provisions of the Wireless Emergency Telephone Safety Act; provides that the Department may adopt and enforce reasonable rules relating to the administration and enforcement of the provisions of the Act as may be deemed expedient; removes a provision concerning liability; makes changes to the provisions concerning home rule; amends the Wireless Emergency Telephone Safety Act; makes changes to several definitions; makes changes to provisions concerning wireless service surcharges; removes language extending the repeal of the Act to January 1, 2019; and makes other changes; amends the Public Utilities Act; provides that "prepaid calling service" does not include prepaid wireless telecommunications service (instead of prepaid wireless telephone service) as defined in the Wireless Emergency Telephone Safety Act; includes severability clause. Effective January 1, 2012.

×