Full Text of HB3296 97th General Assembly
HB3296ham003 97TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 4/1/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3296
| 2 | | AMENDMENT NO. ______. Amend House Bill 3296 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wireless Emergency Telephone Safety Act is | 5 | | amended by changing Section 17 as follows:
| 6 | | (50 ILCS 751/17)
| 7 | | (Section scheduled to be repealed on April 1, 2013)
| 8 | | Sec. 17. Wireless carrier surcharge.
| 9 | | (a) Except as provided in Section 45, each wireless
carrier | 10 | | shall impose a monthly wireless carrier surcharge per CMRS | 11 | | connection
that either has a telephone number within an area | 12 | | code assigned to Illinois by
the North American Numbering Plan | 13 | | Administrator or has a billing address in
this State.
In the | 14 | | case of prepaid wireless telephone service, this surcharge | 15 | | shall be
remitted based upon the address associated with the | 16 | | point of purchase, the
customer billing
address, or the |
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| 1 | | location associated with the MTN for each active prepaid
| 2 | | wireless telephone that has a sufficient positive balance
as of | 3 | | the last day of each month, if that information is available. | 4 | | No
wireless carrier
shall impose the surcharge authorized by | 5 | | this
Section upon any subscriber who is subject to the | 6 | | surcharge imposed by a unit
of local
government
pursuant to | 7 | | Section 45.
Prior to January 1, 2008 (the effective date of | 8 | | Public Act 95-698), the surcharge amount shall be the amount | 9 | | set by the Wireless Enhanced 9-1-1 Board. Beginning on January | 10 | | 1, 2008 (the effective date of Public Act 95-698), the monthly | 11 | | surcharge imposed under this Section shall be $0.73 per CMRS | 12 | | connection. The wireless carrier that provides wireless | 13 | | service to the
subscriber shall collect the surcharge
from the | 14 | | subscriber.
For mobile telecommunications services provided on | 15 | | and after August 1, 2002,
any surcharge imposed under this Act | 16 | | shall be imposed based upon the
municipality or county that | 17 | | encompasses
the customer's place of primary use as defined in | 18 | | the Mobile Telecommunications
Sourcing Conformity Act.
The | 19 | | surcharge shall be stated as a separate item on the
| 20 | | subscriber's monthly bill. The wireless carrier shall begin | 21 | | collecting the
surcharge on bills issued within 90 days after | 22 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 23 | | surcharge. State and local taxes shall not
apply to the | 24 | | wireless carrier surcharge.
| 25 | | (b) Except as provided in Section 45, a wireless carrier | 26 | | shall, within 45
days of collection, remit, either by check or |
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| 1 | | by electronic funds transfer, to
the State Treasurer the amount | 2 | | of the wireless carrier surcharge collected
from each | 3 | | subscriber.
Of the amounts remitted under this subsection prior | 4 | | to January 1, 2008 (the effective date of Public Act 95-698), | 5 | | and for surcharges imposed before January 1, 2008 (the | 6 | | effective date of Public Act 95-698)
but remitted after January | 7 | | 1, 2008, the State
Treasurer shall deposit one-third into the | 8 | | Wireless Carrier Reimbursement Fund
and two-thirds into the | 9 | | Wireless Service Emergency Fund. For surcharges collected and | 10 | | remitted on or after the effective date of this amendatory Act | 11 | | of the 97th General Assembly January 1, 2008 (the effective | 12 | | date of Public Act 95-698) , $0.73 $0.1475 per surcharge | 13 | | collected shall be deposited into the Wireless Carrier | 14 | | Reimbursement Fund, and $0.5825 per surcharge collected shall | 15 | | be deposited into the Wireless Service Emergency Fund. Of the | 16 | | amounts deposited into the Wireless Service Emergency Carrier | 17 | | Reimbursement Fund under this subsection, $0.01 per surcharge | 18 | | collected may be distributed to the carriers to cover their | 19 | | administrative costs. Of the amounts deposited into the | 20 | | Wireless Service Emergency Fund under this subsection, $0.01 | 21 | | per surcharge collected may be disbursed to the Illinois | 22 | | Commerce Commission to cover its administrative costs.
| 23 | | (c)
The first such remittance by wireless carriers shall | 24 | | include the number
of customers by zip code, and the 9-digit | 25 | | zip code if currently being used or
later implemented by the | 26 | | carrier, that shall be the means by which the
Illinois Commerce |
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| 1 | | Commission shall determine distributions from
the Wireless | 2 | | Service Emergency Fund.
This information shall be updated no | 3 | | less often than every year. Wireless
carriers are not required | 4 | | to remit surcharge moneys that are billed to
subscribers but | 5 | | not yet collected. Any carrier that fails to provide the zip | 6 | | code information required under this subsection (c) or any | 7 | | prepaid wireless carrier that fails to provide zip code | 8 | | information based upon the addresses associated with its | 9 | | customers' points of purchase, customers' billing addresses, | 10 | | or locations associated with MTNs, as described in subsection | 11 | | (a) of this Section, shall be subject to the penalty set forth | 12 | | in subsection (f) of this Section.
| 13 | | (d) Within 90 days after August 13, 2007 (the effective | 14 | | date of Public Act 95-63), each wireless carrier must implement | 15 | | a mechanism for the collection of the surcharge imposed under | 16 | | subsection (a) of this Section from its subscribers. If a | 17 | | wireless carrier does not implement a mechanism for the | 18 | | collection of the surcharge from its subscribers in accordance | 19 | | with this subsection (d), then the carrier is required to remit | 20 | | the surcharge for all subscribers until the carrier is deemed | 21 | | to be in compliance with this subsection (d) by the Illinois | 22 | | Commerce Commission. | 23 | | (e) If before midnight on the last day of the third | 24 | | calendar month after the closing date of the remit period a | 25 | | wireless carrier does not remit the surcharge or any portion | 26 | | thereof required under this Section, then the surcharge or |
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| 1 | | portion thereof shall be deemed delinquent until paid in full, | 2 | | and the Illinois Commerce Commission may impose a penalty | 3 | | against the carrier in an amount equal to the greater of: | 4 | | (1) $25 for each month or portion of a month from the | 5 | | time an amount becomes delinquent until the amount is paid | 6 | | in full; or | 7 | | (2) an amount equal to the product of 1% and the sum of | 8 | | all delinquent amounts for each month or portion of a month | 9 | | that the delinquent amounts remain unpaid. | 10 | | A penalty imposed in accordance with this subsection (e) | 11 | | for a portion of a month during which the carrier provides the | 12 | | number of subscribers by zip code as required under subsection | 13 | | (c) of this Section shall be prorated for each day of that | 14 | | month during which the carrier had not provided the number of | 15 | | subscribers by zip code as required under subsection (c) of | 16 | | this Section. Any penalty imposed under this subsection (e) is | 17 | | in addition to the amount of the delinquency and is in addition | 18 | | to any other penalty imposed under this Section. | 19 | | (f) If, before midnight on the last day of the third | 20 | | calendar month after the closing date of the remit period, a | 21 | | wireless carrier does not provide the number of subscribers by | 22 | | zip code as required under subsection (c) of this Section, then | 23 | | the report is deemed delinquent and the Illinois Commerce | 24 | | Commission may impose a penalty against the carrier in an | 25 | | amount equal to the greater of: | 26 | | (1) $25 for each month or portion of a month that the |
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| 1 | | report is delinquent; or | 2 | | (2) an amount equal to the product of 1/2˘ and the | 3 | | number of subscribers served by the wireless carrier. | 4 | | A penalty imposed in accordance with this subsection (f) | 5 | | for a portion of a month during which the carrier pays the | 6 | | delinquent amount in full shall be prorated for each day of | 7 | | that month that the delinquent amount was paid in full. Any | 8 | | penalty imposed under this subsection (f) is in addition to any | 9 | | other penalty imposed under this Section. | 10 | | (g) The Illinois Commerce Commission may enforce the | 11 | | collection of any delinquent amount and any penalty due and | 12 | | unpaid under this Section by legal action or in any other | 13 | | manner by which the collection of debts due the State of | 14 | | Illinois may be enforced under the laws of this State. The | 15 | | Executive Director of the Illinois Commerce Commission, or his | 16 | | or her designee, may excuse the payment of any penalty imposed | 17 | | under this Section if the Executive Director, or his or her | 18 | | designee, determines that the enforcement of this penalty is | 19 | | unjust. | 20 | | (h)
Notwithstanding any provision of law to the contrary,
| 21 | | nothing shall impair the right of wireless carriers to recover
| 22 | | compliance costs for all emergency communications services | 23 | | that are not reimbursed out of the Wireless Carrier | 24 | | Reimbursement Fund
directly from their customers via line-item | 25 | | charges on the
customer's bill. Those compliance costs include | 26 | | all costs
incurred by wireless carriers in complying with |
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| 1 | | local, State,
and federal regulatory or legislative mandates | 2 | | that require the
transmission and receipt of emergency | 3 | | communications to and
from the general public, including, but | 4 | | not limited to, E-911.
| 5 | | (i)
The Auditor General shall conduct, on an annual basis, | 6 | | an audit of the Wireless Service Emergency Fund and the | 7 | | Wireless Carrier Reimbursement Fund for compliance with the | 8 | | requirements of this Act. The audit shall include, but not be | 9 | | limited to, the following determinations:
| 10 | | (1) Whether the Commission is maintaining detailed | 11 | | records of all receipts and disbursements from the Wireless | 12 | | Carrier Emergency Fund and the Wireless Carrier | 13 | | Reimbursement Fund.
| 14 | | (2) Whether the Commission's administrative costs | 15 | | charged to the funds are adequately documented and are | 16 | | reasonable.
| 17 | | (3) Whether the Commission's procedures for making | 18 | | grants and providing reimbursements in accordance with the | 19 | | Act are adequate.
| 20 | | (4) The status of the implementation of wireless 9-1-1 | 21 | | and E9-1-1 services in Illinois.
| 22 | | The Commission, the Department of State Police, and any | 23 | | other entity or person that may have information relevant to | 24 | | the audit shall cooperate fully and promptly with the Office of | 25 | | the Auditor General in conducting the audit. The Auditor | 26 | | General shall commence the audit as soon as possible and |
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| 1 | | distribute the report upon completion in accordance with | 2 | | Section 3-14 of the Illinois State Auditing Act.
| 3 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | 4 | | eff. 8-21-08.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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