Full Text of HB0828 95th General Assembly
HB0828sam002 95TH GENERAL ASSEMBLY
|
Sen. William R. Haine
Filed: 5/23/2007
|
|
09500HB0828sam002 |
|
LRB095 04952 HLH 36877 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 828
| 2 |
| AMENDMENT NO. ______. Amend House Bill 828 on page 4, below | 3 |
| line 24, by inserting the following:
| 4 |
| "Section 10. The Wireless Emergency Telephone Safety Act is | 5 |
| amended by changing Sections 15, 17, 25, 35, and 70 as follows:
| 6 |
| (50 ILCS 751/15)
| 7 |
| (Section scheduled to be repealed on April 1, 2008)
| 8 |
| Sec. 15. Wireless emergency 9-1-1 service. The digits | 9 |
| "9-1-1" shall be
the designated emergency telephone number | 10 |
| within the wireless system.
| 11 |
| (a) Standards.
The Illinois Commerce Commission may set | 12 |
| non-discriminatory, uniform
technical and operational | 13 |
| standards consistent with the rules of the Federal
| 14 |
| Communications Commission for directing calls to authorized | 15 |
| public safety
answering points. These standards shall not in | 16 |
| any way prescribe the
technology or manner a wireless carrier |
|
|
|
09500HB0828sam002 |
- 2 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | 2 |
| and these standards shall not exceed the requirements set
by | 3 |
| the Federal Communications Commission. However, standards for | 4 |
| directing
calls to the authorized public safety answering point | 5 |
| shall be included. The
authority given to the Illinois Commerce | 6 |
| Commission in this Section is limited
to setting standards as | 7 |
| set forth herein and does not constitute authority to
regulate | 8 |
| wireless carriers.
| 9 |
| (b) Wireless public safety answering points.
For the | 10 |
| purpose of providing wireless 9-1-1 emergency services, an | 11 |
| emergency
telephone system board or, in the absence of an | 12 |
| emergency telephone system
board, a qualified governmental | 13 |
| entity may declare its intention for one or
more of its public | 14 |
| safety answering points to serve as a primary wireless 9-1-1
| 15 |
| public safety answering point for its jurisdiction by notifying | 16 |
| the Chief Clerk
of the Illinois Commerce Commission and the | 17 |
| Director of State Police in writing
within 6 months after the | 18 |
| effective date of this Act or within 6 months after
receiving | 19 |
| its authority to operate a 9-1-1 system under the Emergency | 20 |
| Telephone
System Act, whichever is later. In addition, 2 or | 21 |
| more emergency telephone
system boards or
qualified units of | 22 |
| local government may, by virtue of an intergovernmental
| 23 |
| agreement, provide wireless 9-1-1 service. The Department of | 24 |
| State Police
shall be the primary wireless 9-1-1 public safety | 25 |
| answering point for any
jurisdiction not providing notice to | 26 |
| the Commission and the Department of State
Police. Nothing in |
|
|
|
09500HB0828sam002 |
- 3 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| this Act shall require the provision of wireless enhanced
9-1-1 | 2 |
| services.
| 3 |
| The Illinois Commerce Commission, upon a joint request from | 4 |
| the Department of
State Police and a qualified
governmental | 5 |
| entity or an emergency telephone system board, may grant
| 6 |
| authority to the
emergency telephone system board or a | 7 |
| qualified governmental entity to provide
wireless
9-1-1 | 8 |
| service in areas for which the Department of State Police has | 9 |
| accepted
wireless 9-1-1
responsibility. The Illinois Commerce | 10 |
| Commission shall maintain a current list
of all 9-1-1
systems | 11 |
| and qualified governmental entities providing wireless 9-1-1 | 12 |
| service
under this Act.
| 13 |
| Any emergency telephone system board or qualified | 14 |
| governmental entity
providing
wireless 9-1-1 service prior to | 15 |
| the effective date of this Act
may continue to
operate upon | 16 |
| notification as previously described in this Section. An
| 17 |
| emergency
telephone system
board or a qualified governmental | 18 |
| entity shall submit, with its notification,
the date
upon which | 19 |
| it commenced operating.
| 20 |
| (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | 21 |
| 9-1-1 Board is
created. The Board consists of 7
members
| 22 |
| appointed by the Governor with the advice and consent of the | 23 |
| Senate.
It is recommended that the Governor appoint members | 24 |
| from the following: the
Illinois Chapter of the National | 25 |
| Emergency Numbers Association, the Illinois
State Police, law | 26 |
| enforcement
agencies, the wireless telecommunications |
|
|
|
09500HB0828sam002 |
- 4 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| industry, an emergency
telephone system board in Cook County | 2 |
| (outside the City of
Chicago), an emergency telephone system | 3 |
| board in
the Metro-east area,
and an emergency telephone system | 4 |
| board in the
collar counties (Lake, McHenry, DuPage, Kane, and | 5 |
| Will
counties). Members of the Board
may not receive any | 6 |
| compensation but may, however, be reimbursed for any
necessary | 7 |
| expenditure in connection with their duties.
| 8 |
| Except as provided in Section 45, the Wireless Enhanced | 9 |
| 9-1-1 Board shall
set the amount of the monthly wireless | 10 |
| surcharge required to be imposed under
Section 17 on all | 11 |
| wireless subscribers in this State.
Prior to the Wireless | 12 |
| Enhanced 9-1-1 Board setting any surcharge, the Board
shall
| 13 |
| publish the proposed surcharge in the Illinois Register, hold | 14 |
| hearings on the
surcharge
and the requirements for an efficient | 15 |
| wireless emergency number system, and
elicit
public comment. | 16 |
| The Board shall determine the minimum cost necessary for
| 17 |
| implementation of this system and the amount of revenue | 18 |
| produced based upon the
number of wireless telephones in use. | 19 |
| The Board shall set the surcharge at the
minimum
amount | 20 |
| necessary to achieve the goals of the Act and shall, by July 1, | 21 |
| 2000,
file this
information with the Governor, the Clerk of the | 22 |
| House, and the Secretary of the
Senate.
The surcharge may not | 23 |
| be more than $0.75 per month per CMRS connection.
| 24 |
| The Wireless Enhanced 9-1-1 Board shall report to the | 25 |
| General Assembly by
July 1, 2000 on implementing wireless | 26 |
| non-emergency services for the
purpose of public safety using |
|
|
|
09500HB0828sam002 |
- 5 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| the digits 3-1-1. The Board shall consider the
delivery of | 2 |
| 3-1-1 services in a 6 county area, including rural Cook County
| 3 |
| (outside of the City of Chicago), and DuPage, Lake, McHenry, | 4 |
| Will, and Kane
Counties, as well as counties outside of this | 5 |
| area by an emergency telephone
system board, a qualified | 6 |
| governmental entity, or private industry. The Board,
upon | 7 |
| completion of all its duties required under this Act, is | 8 |
| dissolved.
| 9 |
| (Source: P.A. 91-660, eff. 12-22-99 .)
| 10 |
| (50 ILCS 751/17)
| 11 |
| (Section scheduled to be repealed on April 1, 2008)
| 12 |
| Sec. 17. Wireless carrier surcharge.
| 13 |
| (a) Except as provided in Section 45, each wireless
carrier | 14 |
| shall impose a monthly wireless carrier surcharge per CMRS | 15 |
| connection
that either has a telephone number within an area | 16 |
| code assigned to Illinois by
the North American Numbering Plan | 17 |
| Administrator or has a billing address in
this State.
In the | 18 |
| case of prepaid wireless telephone service, this surcharge | 19 |
| shall be
remitted based upon the address associated with the | 20 |
| point of purchase, the
customer billing
address, or the | 21 |
| location associated with the MTN for each active prepaid
| 22 |
| wireless telephone that has a sufficient positive balance
as of | 23 |
| the last day of each month, if that information is available. | 24 |
| No
wireless carrier
shall impose the surcharge authorized by | 25 |
| this
Section upon any subscriber who is subject to the |
|
|
|
09500HB0828sam002 |
- 6 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| surcharge imposed by a unit
of local
government
pursuant to | 2 |
| Section 45.
Prior to the effective date of this amendatory Act | 3 |
| of the 95th General Assembly, the surcharge amount shall be the | 4 |
| amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | 5 |
| the effective date of this amendatory Act of the 95th General | 6 |
| Assembly, the monthly surcharge imposed under this Section | 7 |
| shall be $0.73 per CMRS connection. The wireless carrier that | 8 |
| provides wireless service to the
subscriber shall collect the | 9 |
| surcharge set by the Wireless Enhanced 9-1-1 Board
from the | 10 |
| subscriber.
For mobile telecommunications services provided on | 11 |
| and after August 1, 2002,
any surcharge imposed under this Act | 12 |
| shall be imposed based upon the
municipality or county that | 13 |
| encompasses
the customer's place of primary use as defined in | 14 |
| the Mobile Telecommunications
Sourcing Conformity Act.
The | 15 |
| surcharge shall be stated as a separate item on the
| 16 |
| subscriber's monthly bill. The wireless carrier shall begin | 17 |
| collecting the
surcharge on bills issued within 90 days after | 18 |
| the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 19 |
| surcharge. State and local taxes shall not
apply to the | 20 |
| wireless carrier surcharge.
| 21 |
| (b) Except as provided in Section 45, a wireless carrier | 22 |
| shall, within 45
days of collection, remit, either by check or | 23 |
| by electronic funds transfer, to
the State Treasurer the amount | 24 |
| of the wireless carrier surcharge collected
from each | 25 |
| subscriber.
Of the amounts remitted under this subsection prior | 26 |
| to the effective date of this amendatory Act of the 95th |
|
|
|
09500HB0828sam002 |
- 7 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| General Assembly, and for surcharges imposed before the | 2 |
| effective date of this amendatory Act of the 95th General | 3 |
| Assembly but remitted after its effective date , the State
| 4 |
| Treasurer shall deposit one-third into the Wireless Carrier | 5 |
| Reimbursement Fund
and two-thirds into the Wireless Service | 6 |
| Emergency Fund. For surcharges collected and remitted on or | 7 |
| after the effective date of this amendatory Act of the 95th | 8 |
| General Assembly, $0.1475 per surcharge collected shall be | 9 |
| deposited into the Wireless Carrier Reimbursement Fund, and | 10 |
| $0.5825 per surcharge collected shall be deposited into the | 11 |
| Wireless Service Emergency Fund. Of the amounts deposited into | 12 |
| the Wireless Carrier Reimbursement Fund under this subsection, | 13 |
| $0.01 per surcharge collected may be distributed to the | 14 |
| carriers to cover their administrative costs. Of the amounts | 15 |
| deposited into the Wireless Service Emergency Fund under this | 16 |
| subsection, $0.01 per surcharge collected may be disbursed to | 17 |
| the Illinois Commerce Commission to cover its administrative | 18 |
| costs.
| 19 |
| (c)
The first such remittance by wireless carriers shall | 20 |
| include the number
of customers by zip code, and the 9-digit | 21 |
| zip code if currently being used or
later implemented by the | 22 |
| carrier, that shall be the means by which the
Illinois Commerce | 23 |
| Commission shall determine distributions from
the Wireless | 24 |
| Service Emergency Fund.
This information shall be updated no | 25 |
| less often than every year. Wireless
carriers are not required | 26 |
| to remit surcharge moneys that are billed to
subscribers but |
|
|
|
09500HB0828sam002 |
- 8 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| not yet collected.
| 2 |
| (d) Notwithstanding any provision of law to the contrary, | 3 |
| nothing shall impair the right of wireless carriers to recover | 4 |
| compliance costs for all emergency communications services | 5 |
| directly from their customers via line-item charges on the | 6 |
| customer's bill. Those compliance costs include all costs | 7 |
| incurred by wireless carriers in complying with local, State, | 8 |
| and federal regulatory or legislative mandates that require the | 9 |
| transmission and receipt of emergency communications to and | 10 |
| from the general public, including, but not limited to, E-911.
| 11 |
| (e) The Auditor General shall conduct, on an annual basis, | 12 |
| an audit of the Wireless Service Emergency Fund and the | 13 |
| Wireless Carrier Reimbursement Fund for compliance with the | 14 |
| requirements of this Act. The audit shall include, but not be | 15 |
| limited to, the following determinations:
| 16 |
| (1) Whether the Commission is maintaining detailed | 17 |
| records of all receipts and disbursements from the Wireless | 18 |
| Carrier Emergency Fund and the Wireless Carrier | 19 |
| Reimbursement Fund.
| 20 |
| (2) Whether the Commission's administrative costs | 21 |
| charged to the funds are adequately documented and are | 22 |
| reasonable.
| 23 |
| (3) Whether the Commission's procedures for making | 24 |
| grants and providing reimbursements in accordance with the | 25 |
| Act are adequate.
| 26 |
| (4) The status of the implementation of wireless 9-1-1 |
|
|
|
09500HB0828sam002 |
- 9 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| and E9-1-1 services in Illinois.
| 2 |
| The Commission, the Department of State Police, and any | 3 |
| other entity or person that may have information relevant to | 4 |
| the audit shall cooperate fully and promptly with the Office of | 5 |
| the Auditor General in conducting the audit. The Auditor | 6 |
| General shall commence the audit as soon as possible and | 7 |
| distribute the report upon completion in accordance with | 8 |
| Section 3-14 of the Illinois State Auditing Act.
| 9 |
| (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | 10 |
| eff. 7-30-04.)
| 11 |
| (50 ILCS 751/25)
| 12 |
| (Section scheduled to be repealed on April 1, 2008)
| 13 |
| Sec. 25. Wireless Service Emergency Fund; distribution of | 14 |
| moneys.
Within 60 days after the effective date of this Act, | 15 |
| wireless carriers
shall submit to the Illinois Commerce | 16 |
| Commission the number of
wireless subscribers by zip code and | 17 |
| the 9-digit zip code of the wireless
subscribers, if currently | 18 |
| being used or later implemented by the carrier.
| 19 |
| The Illinois Commerce Commission shall, subject to
| 20 |
| appropriation, make monthly proportional grants to the | 21 |
| appropriate emergency
telephone system board or qualified | 22 |
| governmental entity based upon the United
States Postal Zip | 23 |
| Code of the wireless subscriber's billing address. No
matching | 24 |
| funds shall be required from grant recipients.
| 25 |
| If the Illinois Commerce Commission is notified of an area
|
|
|
|
09500HB0828sam002 |
- 10 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| of overlapping jurisdiction, grants for that area shall be made | 2 |
| based upon
reference to an official Master Street Address Guide | 3 |
| to the emergency
telephone system board or qualified | 4 |
| governmental entity whose public
service answering points | 5 |
| provide wireless 9-1-1 service in that area.
The emergency | 6 |
| telephone system board or qualified governmental entity shall
| 7 |
| provide the Illinois Commerce Commission with a valid copy of | 8 |
| the
appropriate Master Street Address Guide. The Illinois | 9 |
| Commerce Commission does not have a duty to verify | 10 |
| jurisdictional responsibility.
| 11 |
| In the event of a subscriber billing address being matched | 12 |
| to an incorrect
jurisdiction by the Illinois Commerce | 13 |
| Commission, the recipient,
upon notification from the Illinois | 14 |
| Commerce Commission, shall
redirect the funds to the correct | 15 |
| jurisdiction. The Illinois Commerce Commission
shall not be | 16 |
| held liable for any damages relating to an
act or omission | 17 |
| under this Act, unless the act or omission constitutes gross
| 18 |
| negligence, recklessness, or intentional misconduct.
| 19 |
| In the event of a dispute between emergency telephone | 20 |
| system boards or
qualified governmental entities concerning a | 21 |
| subscriber billing address, the
Illinois Commerce Commission | 22 |
| shall resolve the dispute.
| 23 |
| The Illinois Commerce Commission shall maintain detailed | 24 |
| records
of all receipts and disbursements and shall provide an | 25 |
| annual accounting of all
receipts and disbursements to the | 26 |
| Auditor General.
|
|
|
|
09500HB0828sam002 |
- 11 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| The Illinois Commerce Commission shall adopt rules to | 2 |
| govern the
grant process.
| 3 |
| The Illinois Commerce Commission may also use moneys in the | 4 |
| Wireless Service Emergency Fund to make grants to the Illinois | 5 |
| National Emergency Number Association for the purpose of | 6 |
| conducting a study to determine the future technological and | 7 |
| financial needs of the wireless 9-1-1 systems. The study shall | 8 |
| include input from the telecommunications industry and the | 9 |
| public safety community.
| 10 |
| (Source: P.A. 93-839, eff. 7-30-04.)
| 11 |
| (50 ILCS 751/35)
| 12 |
| (Section scheduled to be repealed on April 1, 2008)
| 13 |
| Sec. 35. Wireless Carrier Reimbursement Fund; | 14 |
| reimbursement. To recover costs from the Wireless Carrier | 15 |
| Reimbursement Fund, the wireless
carrier shall submit sworn | 16 |
| invoices to the Illinois Commerce Commission. In no event may | 17 |
| any invoice for payment be approved for (i) costs
that are not | 18 |
| related to compliance with the requirements established by the
| 19 |
| wireless enhanced 9-1-1 mandates of the Federal Communications | 20 |
| Commission, (ii)
costs with respect to any wireless enhanced | 21 |
| 9-1-1 service that is not operable
at the time the invoice is | 22 |
| submitted, or (iii) costs of any wireless carrier
exceeding | 23 |
| 100% of the wireless emergency services charges remitted to the
| 24 |
| Wireless Carrier Reimbursement Fund by the wireless carrier | 25 |
| under Section
17(b) unless the wireless carrier received prior |
|
|
|
09500HB0828sam002 |
- 12 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| approval for the expenditures
from the Illinois Commerce | 2 |
| Commission.
| 3 |
| If in any month the total amount of invoices submitted to | 4 |
| the Illinois Commerce Commission and approved for payment | 5 |
| exceeds the amount
available in the Wireless Carrier | 6 |
| Reimbursement Fund, wireless carriers that
have invoices | 7 |
| approved for payment shall receive a pro-rata share of the | 8 |
| amount
available in the Wireless Carrier Reimbursement Fund | 9 |
| based on the relative
amount of their approved invoices | 10 |
| available that month, and the balance of
the payments shall be | 11 |
| carried into the following months until all of the approved
| 12 |
| payments
are made.
| 13 |
| A wireless carrier may not receive payment from the | 14 |
| Wireless Carrier
Reimbursement Fund for its costs of providing | 15 |
| wireless enhanced 9-1-1 services
in an area when a unit of | 16 |
| local government or emergency telephone system board
provides | 17 |
| wireless 9-1-1 services in that area and was imposing and | 18 |
| collecting a
wireless carrier surcharge prior to July 1, 1998.
| 19 |
| The Illinois Commerce Commission shall maintain detailed | 20 |
| records
of all receipts and disbursements and shall provide an | 21 |
| annual accounting of all
receipts and disbursements to the | 22 |
| Auditor General.
| 23 |
| The Illinois Commerce Commission shall adopt rules to | 24 |
| govern the
reimbursement process.
| 25 |
| Upon the effective date of this amendatory Act of the 95th | 26 |
| General Assembly, or as soon thereafter as practical, the State |
|
|
|
09500HB0828sam002 |
- 13 - |
LRB095 04952 HLH 36877 a |
|
| 1 |
| Comptroller shall order transferred and the State Treasurer | 2 |
| shall transfer the sum of $8,000,000 from the Wireless Carrier | 3 |
| Reimbursement Fund to the Wireless Service Emergency Fund. That | 4 |
| amount shall be used by the Illinois Commerce Commission to | 5 |
| make grants in the manner described in Section 25 of this Act.
| 6 |
| (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
| 7 |
| (50 ILCS 751/70)
| 8 |
| (Section scheduled to be repealed on April 1, 2008)
| 9 |
| Sec. 70. Repealer. This Act is repealed on April 1, 2013
| 10 |
| 2008 .
| 11 |
| (Source: P.A. 93-507, eff. 1-1-04.)".
|
|