Full Text of SB2063 97th General Assembly
SB2063 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2063 Introduced 2/10/2011, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| New Act | | 50 ILCS 751/10 | | 50 ILCS 751/17 | | 50 ILCS 751/70 | | 50 ILCS 751/80 new | |
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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.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Prepaid Wireless 9-1-1 Surcharge Act. | 6 | | Section 5. Purpose. The General Assembly finds and declares | 7 | | that maintaining effective and efficient 9-1-1 systems across | 8 | | the State benefits all citizens. The fees imposed upon the | 9 | | consumers of telecommunication services that have the ability | 10 | | to dial 9-1-1 are an important funding mechanism to assist the | 11 | | State and units of local government with the deployment of | 12 | | enhanced 9-1-1 services to the citizens of this State. | 13 | | Prepaid wireless telecommunication services are an | 14 | | important segment of the telecommunications industry and have | 15 | | proven particularly attractive to low-income and low-volume | 16 | | consumers. Unlike traditional telecommunication services, | 17 | | prepaid wireless telecommunications services are not sold or | 18 | | used pursuant to term contracts or subscriptions and monthly | 19 | | bills are not sent to consumers by prepaid wireless | 20 | | telecommunication service providers or retail vendors. | 21 | | Prepaid wireless consumers have the same access to | 22 | | emergency 9-1-1 services from their wireless devices as | 23 | | wireless consumers on term contracts. Prepaid wireless |
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| 1 | | consumers benefit from the ability to access the 9-1-1 system | 2 | | by dialing 9-1-1. | 3 | | Consumers purchase prepaid wireless telecommunication | 4 | | services at a wide variety of general retail locations and | 5 | | other distribution channels. Such purchases are made on a | 6 | | cash-and-carry or pay-as-you-go basis from retailers. | 7 | | It is the intent of the General Assembly to: | 8 | | (1) ensure equitable contributions to the funding of | 9 | | 9-1-1 systems from consumers of prepaid wireless | 10 | | telecommunication services;
| 11 | | (2) collect 9-1-1 surcharges from purchasers of | 12 | | prepaid wireless telecommunications service at the point | 13 | | of sale;
| 14 | | (3) impose the collection and remittance obligation | 15 | | for 9-1-1 surcharges on sellers of prepaid wireless | 16 | | telecommunications service;
| 17 | | (4) impose a single statewide 9-1-1 surcharge on point | 18 | | of sale transactions in order to minimize administrative | 19 | | costs on retailers.
| 20 | | Section 10. Definitions. In this Act: | 21 | | "Consumer" means a person who purchases prepaid wireless | 22 | | telecommunications service in a retail transaction.
| 23 | | "Department" means the Department of Revenue.
| 24 | | "Prepaid wireless E911 surcharge" means the charge that is | 25 | | required to be collected by a seller from a consumer in the |
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| 1 | | amount established under Section 15 of this Act.
| 2 | | "Prepaid wireless telecommunications service" means a | 3 | | wireless telecommunications service that allows a caller to | 4 | | dial 9-1-1 to access the 9-1-1 system, which service must be | 5 | | paid for in advance and is sold in predetermined units or | 6 | | dollars of which the amount declines with use in a known | 7 | | amount.
| 8 | | "Provider" means a person that provides prepaid wireless | 9 | | telecommunications service pursuant to a license issued by the | 10 | | Federal Communications Commission.
| 11 | | "Retail transaction" means the purchase of prepaid | 12 | | wireless telecommunications service from a seller for any | 13 | | purpose other than resale.
| 14 | | "Seller" means a person who sells prepaid wireless | 15 | | telecommunications service to another person.
| 16 | | "Wireless telecommunications service" means commercial | 17 | | mobile radio service as defined by 47 C.F.R. 20.3.
| 18 | | Section 15. Prepaid wireless 9-1-1 surcharge. | 19 | | (a) There is hereby imposed a prepaid wireless 9-1-1 | 20 | | surcharge of 1.5% per retail transaction.
The amount of the | 21 | | surcharge may be reduced or increased pursuant to subsection | 22 | | (e). | 23 | | (a-5) In lieu of the surcharge imposed under subsection | 24 | | (a), a home rule municipality having a population in excess of | 25 | | 500,000 that was imposing its own surcharge on wireless |
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| 1 | | carriers prior to July 1, 1998, may impose a prepaid wireless | 2 | | 9-1-1 surcharge not to exceed 6% per retail transaction sourced | 3 | | to that jurisdiction under the provisions of paragraph (b). | 4 | | (b) The prepaid wireless 9-1-1 surcharge shall be collected | 5 | | by the seller from the consumer with respect to each retail | 6 | | transaction occurring in this State. The amount of the prepaid | 7 | | wireless 9-1-1 surcharge shall be either separately stated on | 8 | | an invoice, receipt, or other similar document that is provided | 9 | | to the consumer by the seller or otherwise disclosed to the | 10 | | consumer.
| 11 | | For purposes of this subsection (b), a retail transaction | 12 | | occurs in this State if (i) the retail transaction is made in | 13 | | person by a consumer at the seller's business location and the | 14 | | business is located within the State or (ii) the retail | 15 | | transaction is treated as occurring in this State for purposes | 16 | | of the Retailers' Occupation Tax Act.
| 17 | | (c) The prepaid wireless 9-1-1 surcharge is the liability | 18 | | of the consumer and not of the seller or of any provider, | 19 | | except that the seller shall be liable to remit all prepaid | 20 | | wireless 9-1-1 surcharges that the seller collects from | 21 | | consumers as provided in Section 20, including all such | 22 | | surcharges that the seller is deemed to collect where the | 23 | | amount of the surcharge has not been separately stated on an | 24 | | invoice, receipt, or other similar document provided to the | 25 | | consumer by the seller.
| 26 | | (d) The amount of the prepaid wireless 9-1-1 surcharge that |
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| 1 | | is collected by a seller from a consumer, whether or not such | 2 | | amount is separately stated on an invoice, receipt, or other | 3 | | similar document provided to the consumer by the seller, shall | 4 | | not be included in the base for measuring any tax, fee, | 5 | | surcharge, or other charge that is imposed by this State, any | 6 | | political subdivision of this State, or any intergovernmental | 7 | | agency.
| 8 | | (e) The prepaid wireless 9-1-1 charge shall be | 9 | | proportionately increased or reduced, as applicable, upon any | 10 | | change to the surcharge imposed under Section 17 of the | 11 | | Wireless Emergency Telephone Safety Act. The adjusted rate | 12 | | shall be determined by dividing the amount of the surcharge | 13 | | imposed under Section 17 of the Wireless Emergency Telephone | 14 | | Safety Act by $50. Such increase or reduction shall be | 15 | | effective on the effective date of the change to the surcharge | 16 | | imposed under Section 17 of the Wireless Emergency Telephone | 17 | | Safety Act or, if later, the first day of the first calendar | 18 | | month to occur at least 60 days after the enactment of the | 19 | | change to the surcharge imposed under Section 17 of the | 20 | | Wireless Emergency Telephone Safety Act. The Department shall | 21 | | provide not less than 30 days' notice of an increase or | 22 | | reduction in the amount of the surcharge on the Department's | 23 | | website.
| 24 | | (f) Bundled transactions. When prepaid wireless | 25 | | telecommunications service is sold with one or more other | 26 | | products or services for a single, non-itemized price, then the |
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| 1 | | percentage specified in subsection (a) or (a-5) of this Section | 2 | | 15 shall be applied to the entire non-itemized price unless the | 3 | | seller elects to apply the percentage to (i) the dollar amount | 4 | | of the prepaid wireless telecommunications service if that | 5 | | dollar amount is disclosed to the consumer or (ii) the portion | 6 | | of the price that is attributable to the prepaid wireless | 7 | | telecommunications service if the retailer can identify that | 8 | | portion by reasonable and verifiable standards from its books | 9 | | and records that are kept in the regular course of business for | 10 | | other purposes, including, but not limited to, books and | 11 | | records that are kept for non-tax purposes. However, if a | 12 | | minimal amount of prepaid wireless telecommunications service | 13 | | is sold with a prepaid wireless device for a single, | 14 | | non-itemized price, then the seller may elect not to apply the | 15 | | percentage specified in subsection (a) or (a-5) of this Section | 16 | | 15 to such transaction. For purposes of this subsection, an | 17 | | amount of service denominated as 10 minutes or less or $5 or | 18 | | less is considered minimal. | 19 | | Section 20. Administration of prepaid wireless 9-1-1 | 20 | | surcharge. | 21 | | (a) Prepaid wireless E911 charges collected by sellers | 22 | | shall be remitted to the Department at the times and in the | 23 | | manner provided by the Retailers' Occupation Tax Act. The | 24 | | Department shall establish registration and payment procedures | 25 | | that substantially coincide with the registration and payment |
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| 1 | | procedures that apply to the Retailers' Occupation Tax Act.
| 2 | | (b) A seller shall be permitted to deduct and retain 3% of | 3 | | prepaid wireless 9-1-1 surcharges that are collected by the | 4 | | seller from consumers.
| 5 | | (c) The audit and appeal procedures applicable to the | 6 | | Retailers' Occupation Tax Act shall apply to prepaid wireless | 7 | | E911 charges.
| 8 | | (d) The Department shall establish procedures by which a | 9 | | seller of prepaid wireless telecommunications service may | 10 | | document that a sale is not a retail transaction. The | 11 | | procedures must substantially coincide with the procedures for | 12 | | documenting sale for resale transactions under the Retailers' | 13 | | Occupation Tax Act.
| 14 | | (e) The Department shall pay all remitted prepaid wireless | 15 | | E911 charges over to the State Treasurer for deposit into the | 16 | | Wireless Service Emergency Fund within 30 days after receipt, | 17 | | for use and distribution in accordance with the provisions of | 18 | | the Wireless Emergency Telephone Safety Act. The Department may | 19 | | deduct an amount, not to exceed 2% of remitted charges, to be | 20 | | retained by the Department to reimburse its direct costs of | 21 | | administering the collection and remittance of prepaid | 22 | | wireless 9-1-1 surcharges.
| 23 | | Section 25. Liability of sellers and providers. | 24 | | (a) The provisions of Section 50 of the Wireless Emergency | 25 | | Telephone Safety Act shall apply to sellers and providers of |
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| 1 | | prepaid wireless telecommunications service.
| 2 | | (b) No provider or seller of prepaid wireless | 3 | | telecommunications service shall be liable for damages to any | 4 | | person resulting from or incurred in connection with the | 5 | | provision of any lawful assistance to any investigative or law | 6 | | enforcement officer of the United States, this or any other | 7 | | state, or any political subdivision of this or any other state, | 8 | | in connection with any lawful investigation or other law | 9 | | enforcement activity by such law enforcement officer.
| 10 | | Section 27. Home rule. A home rule unit, other than a home | 11 | | rule municipality having a population in excess of 500,000 that | 12 | | was imposing its own surcharge on wireless carriers prior to | 13 | | July 1, 1998, may not impose a separate surcharge on wireless | 14 | | 9-1-1 service in addition to the surcharge imposed on wireless | 15 | | 9-1-1 service under this Act. This Section is a denial and | 16 | | limitation of home rule powers and functions under subsection | 17 | | (h) of Section 6 of Article VII of the Illinois Constitution. | 18 | | Section 30. Exclusivity of prepaid wireless 9-1-1 | 19 | | surcharge. The prepaid wireless 9-1-1 surcharge imposed by this | 20 | | Act shall be the only 9-1-1 funding obligation imposed with | 21 | | respect to prepaid wireless telecommunications service in this | 22 | | State. No tax, fee, surcharge, or other charge shall be imposed | 23 | | by this State, any political subdivision of this State, or any | 24 | | intergovernmental agency, for 9-1-1 funding purposes, upon any |
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| 1 | | provider, seller, or consumer with respect to the sale, | 2 | | purchase, use, or provision of prepaid wireless | 3 | | telecommunications service. | 4 | | Section 95. The Wireless Emergency Telephone Safety Act is | 5 | | amended by changing Sections 10, 17, and 70 and by adding | 6 | | Section 80 as follows:
| 7 | | (50 ILCS 751/10)
| 8 | | (Section scheduled to be repealed on April 1, 2013)
| 9 | | Sec. 10. Definitions. In this Act:
| 10 | | "Active prepaid wireless telephone" means a prepaid | 11 | | wireless telephone
that has been used or activated by the | 12 | | customer during the month to complete a
telephone call for | 13 | | which the customer's card or account was decremented.
| 14 | | "Emergency telephone system board"
means a board appointed | 15 | | by the corporate authorities of any county or
municipality that | 16 | | provides
for the management and operation of a 9-1-1 system | 17 | | within the scope of the
duties and powers
prescribed by the | 18 | | Emergency Telephone System Act.
| 19 | | "Master street address guide" means the computerized | 20 | | geographical database
that consists of all street and address | 21 | | data within a 9-1-1 system.
| 22 | | "Mobile telephone number" or "MTN" shall mean the telephone | 23 | | number
assigned to a wireless telephone at the time of initial | 24 | | activation.
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| 1 | | "Prepaid wireless telecommunication telephone service" | 2 | | means a cellular or wireless telecommunications telephone | 3 | | service that allows a caller to dial 9-1-1 to access the 9-1-1 | 4 | | system, which service must be paid for in advance and is sold | 5 | | in predetermined units or dollars which the amount declines | 6 | | with use in a known amount.
which is activated by payment in | 7 | | advance of a finite dollar amount or for a
finite set of | 8 | | minutes and which, unless an additional finite dollar amount or
| 9 | | finite set of minutes is paid in advance, terminates either (i) | 10 | | upon
use by a customer and delivery by the wireless carrier of | 11 | | an agreed-upon amount
of service corresponding to the total | 12 | | dollar amount paid in advance, or within
a certain period of | 13 | | time following initial purchase or activation.
| 14 | | "Public safety agency" means a functional division of a | 15 | | public agency that
provides fire fighting, police, medical, or | 16 | | other emergency services. For the
purpose of providing wireless | 17 | | service to users of 9-1-1 emergency services, as
expressly | 18 | | provided for in this Act, the Department of State Police may be
| 19 | | considered a public safety agency.
| 20 | | "Qualified governmental entity"
means a unit of local | 21 | | government authorized to provide 9-1-1 services
pursuant to the | 22 | | Emergency Telephone System Act where no emergency telephone
| 23 | | system board exists. | 24 | | "Remit period" means the billing period, one month in | 25 | | duration, for which a wireless carrier , other than a prepaid | 26 | | wireless carrier that provides zip code information based upon |
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| 1 | | the addresses associated with its customers' points of | 2 | | purchase, customers' billing addresses, or locations | 3 | | associated with MTNs, as described in subsection (a) of Section | 4 | | 17, remits a surcharge and provides subscriber information by | 5 | | zip code to the Illinois Commerce Commission, in accordance | 6 | | with Section 17 of this Act.
| 7 | | "Statewide wireless emergency 9-1-1 system" means all | 8 | | areas of the State
where an emergency telephone system board | 9 | | or, in the absence of an emergency
telephone system board, a | 10 | | qualified governmental entity has not declared its
intention | 11 | | for one or more of its public safety answering points to serve | 12 | | as a
primary wireless 9-1-1 public safety answering point for | 13 | | its jurisdiction.
The operator of the statewide wireless | 14 | | emergency 9-1-1 system shall be the
Department of State Police.
| 15 | | "Sufficient positive balance" means a dollar amount | 16 | | greater than or equal
to the monthly wireless 9-1-1 surcharge | 17 | | amount.
| 18 | | "Wireless carrier" means a provider of two-way cellular, | 19 | | broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial | 20 | | Mobile Radio Service (CMRS),
Wireless Communications Service | 21 | | (WCS), or other Commercial Mobile Radio Service
(CMRS), as | 22 | | defined by the Federal Communications Commission, offering | 23 | | radio
communications that may provide fixed, mobile, radio | 24 | | location, or satellite
communication services to individuals | 25 | | or businesses within its assigned
spectrum block and | 26 | | geographical area or that offers real-time, two-way voice
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| 1 | | service that is interconnected with the public switched | 2 | | network, including a
reseller of such service.
| 3 | | "Wireless enhanced 9-1-1" means the ability to relay the | 4 | | telephone number
of the originator of a 9-1-1 call and location | 5 | | information from any mobile handset or text telephone
device | 6 | | accessing the wireless system to the designated wireless public | 7 | | safety
answering point as set forth in the order of the Federal | 8 | | Communications
Commission, FCC Docket No. 94-102, adopted June | 9 | | 12, 1996, with an effective
date of October 1, 1996, and any | 10 | | subsequent amendment thereto.
| 11 | | "Wireless public safety answering point" means the | 12 | | functional division of
an emergency telephone system board, | 13 | | qualified governmental entity, or the
Department of State | 14 | | Police accepting wireless 9-1-1 calls.
| 15 | | "Wireless subscriber" means an individual or entity to whom | 16 | | a wireless
service account or number has been assigned by a | 17 | | wireless carrier , other than an account or number associated | 18 | | with prepaid wireless telecommunication service .
| 19 | | "Wireless telephone service" includes prepaid wireless | 20 | | telephone service
and means all "commercial mobile service", as | 21 | | that term is defined in 47 CFR
20.3, including all personal | 22 | | communications services, wireless radio telephone
services, | 23 | | geographic area specialized and enhanced specialized mobile | 24 | | radio
services, and incumbent wide area specialized mobile | 25 | | radio licensees that offer
real time, two-way service that is | 26 | | interconnected with the public switched
telephone network.
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| 1 | | (Source: P.A. 95-63, eff. 8-13-07.)
| 2 | | (50 ILCS 751/17)
| 3 | | (Section scheduled to be repealed on April 1, 2013)
| 4 | | Sec. 17. Wireless carrier surcharge.
| 5 | | (a) Except as provided in Sections Section 45 and 80 , each | 6 | | wireless
carrier shall impose a monthly wireless carrier | 7 | | surcharge per CMRS connection
that either has a telephone | 8 | | number within an area code assigned to Illinois by
the North | 9 | | American Numbering Plan Administrator or has a billing address | 10 | | in
this State.
In the case of prepaid wireless telephone | 11 | | service, this surcharge shall be
remitted based upon the | 12 | | address associated with the point of purchase, the
customer | 13 | | billing
address, or the location associated with the MTN for | 14 | | each active prepaid
wireless telephone that has a sufficient | 15 | | positive balance
as of the last day of each month, if that | 16 | | information is available. No
wireless carrier
shall impose the | 17 | | surcharge authorized by this
Section upon any subscriber who is | 18 | | subject to the surcharge imposed by a unit
of local
government
| 19 | | pursuant to Section 45.
Prior to January 1, 2008 (the effective | 20 | | date of Public Act 95-698), the surcharge amount shall be the | 21 | | amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | 22 | | January 1, 2008 (the effective date of Public Act 95-698), the | 23 | | monthly surcharge imposed under this Section shall be $0.73 per | 24 | | CMRS connection. The wireless carrier that provides wireless | 25 | | service to the
subscriber shall collect the surcharge
from the |
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| 1 | | subscriber.
For mobile telecommunications services provided on | 2 | | and after August 1, 2002,
any surcharge imposed under this Act | 3 | | shall be imposed based upon the
municipality or county that | 4 | | encompasses
the customer's place of primary use as defined in | 5 | | the Mobile Telecommunications
Sourcing Conformity Act.
The | 6 | | surcharge shall be stated as a separate item on the
| 7 | | subscriber's monthly bill. The wireless carrier shall begin | 8 | | collecting the
surcharge on bills issued within 90 days after | 9 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 10 | | surcharge. State and local taxes shall not
apply to the | 11 | | wireless carrier surcharge.
| 12 | | (b) Except as provided in Sections Section 45 and 80 , a | 13 | | wireless carrier shall, within 45
days of collection, remit, | 14 | | either by check or by electronic funds transfer, to
the State | 15 | | Treasurer the amount of the wireless carrier surcharge | 16 | | collected
from each subscriber.
Of the amounts remitted under | 17 | | this subsection prior to January 1, 2008 (the effective date of | 18 | | Public Act 95-698), and for surcharges imposed before January | 19 | | 1, 2008 (the effective date of Public Act 95-698)
but remitted | 20 | | after January 1, 2008, the State
Treasurer shall deposit | 21 | | one-third into the Wireless Carrier Reimbursement Fund
and | 22 | | two-thirds into the Wireless Service Emergency Fund. For | 23 | | surcharges collected and remitted on or after January 1, 2008 | 24 | | (the effective date of Public Act 95-698), $0.1475 per | 25 | | surcharge collected shall be deposited into the Wireless | 26 | | Carrier Reimbursement Fund, and $0.5825 per surcharge |
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| 1 | | collected shall be deposited into the Wireless Service | 2 | | Emergency Fund. Of the amounts deposited into the Wireless | 3 | | Carrier Reimbursement Fund under this subsection, $0.01 per | 4 | | surcharge collected may be distributed to the carriers to cover | 5 | | their administrative costs. Of the amounts deposited into the | 6 | | Wireless Service Emergency Fund under this subsection, $0.01 | 7 | | per surcharge collected may be disbursed to the Illinois | 8 | | Commerce Commission to cover its administrative costs.
| 9 | | (c)
The first such remittance by wireless carriers shall | 10 | | include the number
of customers by zip code, and the 9-digit | 11 | | zip code if currently being used or
later implemented by the | 12 | | carrier, that shall be the means by which the
Illinois Commerce | 13 | | Commission shall determine distributions from
the Wireless | 14 | | Service Emergency Fund.
This information shall be updated no | 15 | | less often than every year. Wireless
carriers are not required | 16 | | to remit surcharge moneys that are billed to
subscribers but | 17 | | not yet collected. Any carrier that fails to provide the zip | 18 | | code information required under this subsection (c) or any | 19 | | prepaid wireless carrier that fails to provide zip code | 20 | | information based upon the addresses associated with its | 21 | | customers' points of purchase, customers' billing addresses, | 22 | | or locations associated with MTNs, as described in subsection | 23 | | (a) of this Section, shall be subject to the penalty set forth | 24 | | in subsection (f) of this Section.
| 25 | | (d) (Blank.) Within 90 days after August 13, 2007 (the | 26 | | effective date of Public Act 95-63), each wireless carrier must |
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| 1 | | implement a mechanism for the collection of the surcharge | 2 | | imposed under subsection (a) of this Section from its | 3 | | subscribers. If a wireless carrier does not implement a | 4 | | mechanism for the collection of the surcharge from its | 5 | | subscribers in accordance with this subsection (d), then the | 6 | | carrier is required to remit the surcharge for all subscribers | 7 | | until the carrier is deemed to be in compliance with this | 8 | | subsection (d) by the Illinois Commerce Commission. | 9 | | (e) If before midnight on the last day of the third | 10 | | calendar month after the closing date of the remit period a | 11 | | wireless carrier does not remit the surcharge or any portion | 12 | | thereof required under this Section, then the surcharge or | 13 | | portion thereof shall be deemed delinquent until paid in full, | 14 | | and the Illinois Commerce Commission may impose a penalty | 15 | | against the carrier in an amount equal to the greater of: | 16 | | (1) $25 for each month or portion of a month from the | 17 | | time an amount becomes delinquent until the amount is paid | 18 | | in full; or | 19 | | (2) an amount equal to the product of 1% and the sum of | 20 | | all delinquent amounts for each month or portion of a month | 21 | | that the delinquent amounts remain unpaid. | 22 | | A penalty imposed in accordance with this subsection (e) | 23 | | for a portion of a month during which the carrier provides the | 24 | | number of subscribers by zip code as required under subsection | 25 | | (c) of this Section shall be prorated for each day of that | 26 | | month during which the carrier had not provided the number of |
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| 1 | | subscribers by zip code as required under subsection (c) of | 2 | | this Section. Any penalty imposed under this subsection (e) is | 3 | | in addition to the amount of the delinquency and is in addition | 4 | | to any other penalty imposed under this Section. | 5 | | (f) If, before midnight on the last day of the third | 6 | | calendar month after the closing date of the remit period, a | 7 | | wireless carrier does not provide the number of subscribers by | 8 | | zip code as required under subsection (c) of this Section, then | 9 | | the report is deemed delinquent and the Illinois Commerce | 10 | | Commission may impose a penalty against the carrier in an | 11 | | amount equal to the greater of: | 12 | | (1) $25 for each month or portion of a month that the | 13 | | report is delinquent; or | 14 | | (2) an amount equal to the product of 1/2˘ and the | 15 | | number of subscribers served by the wireless carrier. | 16 | | A penalty imposed in accordance with this subsection (f) | 17 | | for a portion of a month during which the carrier pays the | 18 | | delinquent amount in full shall be prorated for each day of | 19 | | that month that the delinquent amount was paid in full. Any | 20 | | penalty imposed under this subsection (f) is in addition to any | 21 | | other penalty imposed under this Section. | 22 | | (g) The Illinois Commerce Commission may enforce the | 23 | | collection of any delinquent amount and any penalty due and | 24 | | unpaid under this Section by legal action or in any other | 25 | | manner by which the collection of debts due the State of | 26 | | Illinois may be enforced under the laws of this State. The |
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| 1 | | Executive Director of the Illinois Commerce Commission, or his | 2 | | or her designee, may excuse the payment of any penalty imposed | 3 | | under this Section if the Executive Director, or his or her | 4 | | designee, determines that the enforcement of this penalty is | 5 | | unjust. | 6 | | (h)
Notwithstanding any provision of law to the contrary,
| 7 | | nothing shall impair the right of wireless carriers to recover
| 8 | | compliance costs for all emergency communications services | 9 | | that are not reimbursed out of the Wireless Carrier | 10 | | Reimbursement Fund
directly from their customers via line-item | 11 | | charges on the
customer's bill. Those compliance costs include | 12 | | all costs
incurred by wireless carriers in complying with | 13 | | local, State,
and federal regulatory or legislative mandates | 14 | | that require the
transmission and receipt of emergency | 15 | | communications to and
from the general public, including, but | 16 | | not limited to, E-911.
| 17 | | (i)
The Auditor General shall conduct, on an annual basis, | 18 | | an audit of the Wireless Service Emergency Fund and the | 19 | | Wireless Carrier Reimbursement Fund for compliance with the | 20 | | requirements of this Act. The audit shall include, but not be | 21 | | limited to, the following determinations:
| 22 | | (1) Whether the Commission is maintaining detailed | 23 | | records of all receipts and disbursements from the Wireless | 24 | | Carrier Emergency Fund and the Wireless Carrier | 25 | | Reimbursement Fund.
| 26 | | (2) Whether the Commission's administrative costs |
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| 1 | | charged to the funds are adequately documented and are | 2 | | reasonable.
| 3 | | (3) Whether the Commission's procedures for making | 4 | | grants and providing reimbursements in accordance with the | 5 | | Act are adequate.
| 6 | | (4) The status of the implementation of wireless 9-1-1 | 7 | | and E9-1-1 services in Illinois.
| 8 | | The Commission, the Department of State Police, and any | 9 | | other entity or person that may have information relevant to | 10 | | the audit shall cooperate fully and promptly with the Office of | 11 | | the Auditor General in conducting the audit. The Auditor | 12 | | General shall commence the audit as soon as possible and | 13 | | distribute the report upon completion in accordance with | 14 | | Section 3-14 of the Illinois State Auditing Act.
| 15 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | 16 | | eff. 8-21-08.)
| 17 | | (50 ILCS 751/70)
| 18 | | (Section scheduled to be repealed on April 1, 2013)
| 19 | | Sec. 70. Repealer. This Act is repealed on January 1, 2019 | 20 | | April 1, 2013 .
| 21 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08.)
| 22 | | (50 ILCS 751/80 new) | 23 | | Sec. 80. Prepaid wireless telecommunications service; | 24 | | surcharge. The wireless carrier surcharge and any other |
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| 1 | | requirements imposed by Section 17 or authorized by Section 45 | 2 | | shall not apply to prepaid wireless telecommunications | 3 | | service. The provisions of the Prepaid Wireless 9-1-1 Surcharge | 4 | | Act shall apply to prepaid wireless telecommunications | 5 | | service.
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2011.
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