Full Text of SB2063 97th General Assembly
SB2063sam002 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/5/2011
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| 1 | | AMENDMENT TO SENATE BILL 2063
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2063 by replacing | 3 | | everything after the enacting clause with the following:
| 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, |
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| 1 | | prepaid wireless telecommunications services are not sold or | 2 | | used pursuant to term contracts or subscriptions and monthly | 3 | | bills are not sent to consumers by prepaid wireless | 4 | | telecommunication service providers or retail vendors. | 5 | | Prepaid wireless consumers have the same access to | 6 | | emergency 9-1-1 services from their wireless devices as | 7 | | wireless consumers on term contracts. Prepaid wireless | 8 | | consumers benefit from the ability to access the 9-1-1 system | 9 | | by dialing 9-1-1. | 10 | | Consumers purchase prepaid wireless telecommunication | 11 | | services at a wide variety of general retail locations and | 12 | | other distribution channels. Such purchases are made on a | 13 | | cash-and-carry or pay-as-you-go basis from retailers. | 14 | | It is the intent of the General Assembly to: | 15 | | (1) ensure equitable contributions to the funding of | 16 | | 9-1-1 systems from consumers of prepaid wireless | 17 | | telecommunication services;
| 18 | | (2) collect 9-1-1 surcharges from purchasers of | 19 | | prepaid wireless telecommunications service at the point | 20 | | of sale;
| 21 | | (3) impose the collection and remittance obligation | 22 | | for 9-1-1 surcharges on sellers of prepaid wireless | 23 | | telecommunications service;
| 24 | | (4) impose a statewide administered 9-1-1 surcharge on | 25 | | point of sale transactions in order to minimize | 26 | | administrative costs on retailers.
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| 1 | | Section 10. Definitions. In this Act: | 2 | | "Consumer" means a person who purchases prepaid wireless | 3 | | telecommunications service in a retail transaction.
| 4 | | "Department" means the Department of Revenue.
| 5 | | "Prepaid wireless E911 surcharge" means the charge that is | 6 | | required to be collected by a seller from a consumer in the | 7 | | amount established under Section 15 of this Act.
| 8 | | "Prepaid wireless telecommunications service" means a | 9 | | wireless telecommunications service that allows a caller to | 10 | | dial 9-1-1 to access the 9-1-1 system, which service must be | 11 | | paid for in advance and is sold in predetermined units or | 12 | | dollars of which the amount declines with use in a known | 13 | | amount.
| 14 | | "Provider" means a person that provides prepaid wireless | 15 | | telecommunications service pursuant to a license issued by the | 16 | | Federal Communications Commission.
| 17 | | "Retail transaction" means the purchase of prepaid | 18 | | wireless telecommunications service from a seller for any | 19 | | purpose other than resale.
| 20 | | "Seller" means a person who sells prepaid wireless | 21 | | telecommunications service to another person.
| 22 | | "Wireless telecommunications service" means commercial | 23 | | mobile radio service as defined by 47 C.F.R. 20.3.
| 24 | | Section 15. Prepaid wireless 9-1-1 surcharge. |
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| 1 | | (a) There is hereby imposed on consumers a prepaid wireless | 2 | | 9-1-1 surcharge of 1.5% per retail transaction.
The surcharge | 3 | | authorized by this subsection (a) does not apply in a home rule | 4 | | municipality having a population in excess of 500,000. The | 5 | | amount of the surcharge may be reduced or increased pursuant to | 6 | | subsection (e). | 7 | | (a-5) A home rule municipality having a population in | 8 | | excess of 500,000 on of the effective date of this Act may only | 9 | | impose a prepaid wireless 9-1-1 surcharge not to exceed 7% per | 10 | | retail transaction sourced to that jurisdiction and collected | 11 | | and remitted in accordance with the provisions of subsection | 12 | | (b-5). | 13 | | (b) The prepaid wireless 9-1-1 surcharge shall be collected | 14 | | by the seller from the consumer with respect to each retail | 15 | | transaction occurring in this State and shall be remitted to | 16 | | the Department by the seller as provided in this Act. The | 17 | | amount of the prepaid wireless 9-1-1 surcharge shall be | 18 | | separately stated as a distinct item apart from the charge for | 19 | | the prepaid wireless telecommunications service on an invoice, | 20 | | receipt, or other similar document that is provided to the | 21 | | consumer by the seller or shall be otherwise disclosed to the | 22 | | consumer.
If the seller does not separately state the surcharge | 23 | | as a distinct item to the consumer as provided in this Section, | 24 | | then the seller shall maintain books and records as required by | 25 | | this Act which clearly identify the amount of the 9-1-1 | 26 | | surcharge for retail transactions. |
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| 1 | | For purposes of this subsection (b), a retail transaction | 2 | | occurs in this State if (i) the retail transaction is made in | 3 | | person by a consumer at the seller's business location and the | 4 | | business is located within the State; (ii) the seller is a | 5 | | provider and sells prepaid wireless telecommunications service | 6 | | to a consumer located in Illinois; (iii)the retail transaction | 7 | | is treated as occurring in this State for purposes of the | 8 | | Retailers' Occupation Tax Act; or (iv) a seller that is | 9 | | included within the definition of a "retailer maintaining a | 10 | | place of business in this State" under Section 2 of the Use Tax | 11 | | Act makes a sale of prepaid wireless telecommunications service | 12 | | to a consumer located in Illinois. In the case of a retail | 13 | | transaction which does not occur in person at a seller's | 14 | | business location, if a consumer uses a credit card to purchase | 15 | | prepaid wireless telecommunications service on-line or over | 16 | | the telephone, and no product is shipped to the consumer, the | 17 | | transaction occurs in this State if the billing address for the | 18 | | consumer's credit card is in this State. | 19 | | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | 20 | | subsection (a-5) of this Section shall be collected by the | 21 | | seller from the consumer with respect to each retail | 22 | | transaction occurring in the municipality imposing the | 23 | | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | 24 | | shall be separately stated on an invoice, receipt, or other | 25 | | similar document that is provided to the consumer by the seller | 26 | | or shall be otherwise disclosed to the consumer. If the seller |
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| 1 | | does not separately state the surcharge as a distinct item to | 2 | | the consumer as provided in this Section, then the seller shall | 3 | | maintain books and records as required by this Act which | 4 | | clearly identify the amount of the 9-1-1 surcharge for retail | 5 | | transactions. | 6 | | For purposes of this subsection (b-5), a retail transaction | 7 | | occurs in the municipality if (i) the retail transaction is | 8 | | made in person by a consumer at the seller's business location | 9 | | and the business is located within the municipality; (ii) the | 10 | | seller is a provider and sells prepaid wireless | 11 | | telecommunications service to a consumer located in the | 12 | | municipality; (iii) the retail transaction is treated as | 13 | | occurring in the municipality for purposes of the Retailers' | 14 | | Occupation Tax Act; or (iv) a seller that is included within | 15 | | the definition of a "retailer maintaining a place of business | 16 | | in this State" under Section 2 of the Use Tax Act makes a sale | 17 | | of prepaid wireless telecommunications service to a consumer | 18 | | located in the municipality. In the case of a retail | 19 | | transaction which does not occur in person at a seller's | 20 | | business location, if a consumer uses a credit card to purchase | 21 | | prepaid wireless telecommunications service on-line or over | 22 | | the telephone, and no product is shipped to the consumer, the | 23 | | transaction occurs in the municipality if the billing address | 24 | | for the consumer's credit card is in the municipality. | 25 | | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | 26 | | consumer and not on any provider. The seller shall be liable to |
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| 1 | | remit all prepaid wireless 9-1-1 surcharges that the seller | 2 | | collects from consumers as provided in Section 20, including | 3 | | all such surcharges that the seller is deemed to collect where | 4 | | the amount of the surcharge has not been separately stated on | 5 | | an invoice, receipt, or other similar document provided to the | 6 | | consumer by the seller.
The surcharge collected or deemed | 7 | | collected by a seller shall constitute a debt owed by the | 8 | | seller to this State, and any such surcharge actually collected | 9 | | shall be held in trust for the benefit of the Department. | 10 | | For purposes of this subsection (c), the surcharge shall | 11 | | not be imposed or collected from entities that are tax exempt | 12 | | under the Retailers' Occupation Tax Act. | 13 | | (d) The amount of the prepaid wireless 9-1-1 surcharge that | 14 | | is collected by a seller from a consumer, if such amount is | 15 | | separately stated on an invoice, receipt, or other similar | 16 | | document provided to the consumer by the seller, shall not be | 17 | | included in the base for measuring any tax, fee, surcharge, or | 18 | | other charge that is imposed by this State, any political | 19 | | subdivision of this State, or any intergovernmental agency.
| 20 | | (e) The prepaid wireless 9-1-1 charge imposed under | 21 | | subsection (a) of this Section shall be proportionately | 22 | | increased or reduced, as applicable, upon any change to the | 23 | | surcharge imposed under Section 17 of the Wireless Emergency | 24 | | Telephone Safety Act. The adjusted rate shall be determined by | 25 | | dividing the amount of the surcharge imposed under Section 17 | 26 | | of the Wireless Emergency Telephone Safety Act by $50. Such |
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| 1 | | increase or reduction shall be effective on the first day of | 2 | | the first calendar month to occur at least 60 days after the | 3 | | enactment of the change to the surcharge imposed under Section | 4 | | 17 of the Wireless Emergency Telephone Safety Act. The | 5 | | Department shall provide not less than 30 days' notice of an | 6 | | increase or reduction in the amount of the surcharge on the | 7 | | Department's website.
| 8 | | (e-5) Any changes in the rate of the surcharge imposed by a | 9 | | municipality under the authority granted in subsection (a-5) of | 10 | | this Section shall be effective on the first day of the first | 11 | | calendar month to occur at least 60 days after the enactment of | 12 | | the change. The Department shall provide not less than 30 days' | 13 | | notice of the increase or reductions in the rate of such | 14 | | surcharge on the Department's website. | 15 | | (f) When prepaid wireless telecommunications service is | 16 | | sold with one or more other products or services for a single, | 17 | | non-itemized price, then the percentage specified in | 18 | | subsection (a) or (a-5) of this Section 15 shall be applied to | 19 | | the entire non-itemized price unless the seller elects to apply | 20 | | the percentage to (i) the dollar amount of the prepaid wireless | 21 | | telecommunications service if that dollar amount is disclosed | 22 | | to the consumer or (ii) the portion of the price that is | 23 | | attributable to the prepaid wireless telecommunications | 24 | | service if the retailer can identify that portion by reasonable | 25 | | and verifiable standards from its books and records that are | 26 | | kept in the regular course of business for other purposes, |
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| 1 | | including, but not limited to, books and records that are kept | 2 | | for non-tax purposes. However, if a minimal amount of prepaid | 3 | | wireless telecommunications service is sold with a prepaid | 4 | | wireless device for a single, non-itemized price, then the | 5 | | seller may elect not to apply the percentage specified in | 6 | | subsection (a) or (a-5) of this Section 15 to such transaction. | 7 | | For purposes of this subsection, an amount of service | 8 | | denominated as 10 minutes or less or $5 or less is considered | 9 | | minimal. | 10 | | Section 20. Administration of prepaid wireless 9-1-1 | 11 | | surcharge. | 12 | | (a) In the administration and enforcement of this Act, the | 13 | | provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e, | 14 | | 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the | 15 | | Retailers' Occupation Tax Act that are not inconsistent with | 16 | | this Act, and Section 3-7 of the Uniform Penalty and Interest | 17 | | Act shall apply as far as practicable, to the subject matter of | 18 | | this Act to the same extent as if those provisions were | 19 | | included in this Act. References to "taxes" in these | 20 | | incorporated Sections shall be construed to apply to the | 21 | | administration, payment, and remittance of all surcharges | 22 | | under this Act. The Department shall establish registration and | 23 | | payment procedures that substantially coincide with the | 24 | | registration and payment procedures that apply to the | 25 | | Retailers' Occupation Tax Act.
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| 1 | | (b) For the first 12 months after the effective date of | 2 | | this Act, a seller shall be permitted to deduct and retain 5% | 3 | | of prepaid wireless 9-1-1 surcharges that are collected by the | 4 | | seller from consumers and that are remitted and timely filed | 5 | | with the Department.
After the first 12 months, a seller shall | 6 | | be permitted to deduct and retain 3% of prepaid wireless 9-1-1 | 7 | | surcharges that are collected by the seller from consumers and | 8 | | that are remitted and timely filed with the Department. | 9 | | (c) The Department shall pay all remitted prepaid wireless | 10 | | E911 charges over to the State Treasurer for deposit into the | 11 | | Wireless Service Emergency Fund within 30 days after receipt. | 12 | | The Illinois Commerce Commission shall distribute such funds in | 13 | | the same proportion as they are distributed under the Wireless | 14 | | Emergency Telephone Safety Act and such funds may only be used | 15 | | in accordance with the provisions of the Wireless Emergency | 16 | | Telephone Safety Act. The Department may deduct an amount, not | 17 | | to exceed 3% during the first year following the effective date | 18 | | of this Act and not to exceed 2% during every year thereafter | 19 | | of remitted charges, to be retained by the Department to | 20 | | reimburse its direct costs of administering the collection and | 21 | | remittance of prepaid wireless 9-1-1 surcharges.
| 22 | | (d) The Department shall administer the collection of all | 23 | | 9-1-1 surcharges and may adopt and enforce reasonable rules | 24 | | relating to the administration and enforcement of the | 25 | | provisions of this Act as may be deemed expedient. The | 26 | | Department shall require all surcharges collected under this |
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| 1 | | Act to be reported on existing forms or combined forms, | 2 | | including, but not limited to, Form ST-1. | 3 | | Section 25. Liability of sellers and providers. The | 4 | | provisions of Section 50 of the Wireless Emergency Telephone | 5 | | Safety Act shall apply to sellers and providers of prepaid | 6 | | wireless telecommunications service. | 7 | | Section 27. Home rule. A home rule unit may not impose a | 8 | | separate surcharge on wireless 9-1-1 service in addition to the | 9 | | surcharge imposed on wireless 9-1-1 service under this Act. | 10 | | This Section is a denial and limitation of home rule powers and | 11 | | functions under subsection (h) of Section 6 of Article VII of | 12 | | the Illinois Constitution. | 13 | | Section 30. Exclusivity of prepaid wireless 9-1-1 | 14 | | surcharge. The prepaid wireless 9-1-1 surcharge imposed by this | 15 | | Act shall be the only 9-1-1 funding obligation imposed with | 16 | | respect to prepaid wireless telecommunications service in this | 17 | | State. No tax, fee, surcharge, or other charge shall be imposed | 18 | | by this State, any political subdivision of this State, or any | 19 | | intergovernmental agency, for 9-1-1 funding purposes, upon any | 20 | | provider, seller, or consumer with respect to the sale, | 21 | | purchase, use, or provision of prepaid wireless | 22 | | telecommunications service. |
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| 1 | | Section 95. The Wireless Emergency Telephone Safety Act is | 2 | | amended by changing Sections 10 and 17 and by adding Section 80 | 3 | | as follows:
| 4 | | (50 ILCS 751/10)
| 5 | | (Section scheduled to be repealed on April 1, 2013)
| 6 | | Sec. 10. Definitions. In this Act:
| 7 | | "Active prepaid wireless telephone" means a prepaid | 8 | | wireless telephone
that has been used or activated by the | 9 | | customer during the month to complete a
telephone call for | 10 | | which the customer's card or account was decremented.
| 11 | | "Emergency telephone system board"
means a board appointed | 12 | | by the corporate authorities of any county or
municipality that | 13 | | provides
for the management and operation of a 9-1-1 system | 14 | | within the scope of the
duties and powers
prescribed by the | 15 | | Emergency Telephone System Act.
| 16 | | "Master street address guide" means the computerized | 17 | | geographical database
that consists of all street and address | 18 | | data within a 9-1-1 system.
| 19 | | "Mobile telephone number" or "MTN" shall mean the telephone | 20 | | number
assigned to a wireless telephone at the time of initial | 21 | | activation.
| 22 | | "Prepaid wireless telecommunications telephone service" | 23 | | means wireless telecommunications telephone service that | 24 | | allows a caller to dial 9-1-1 to access the 9-1-1 system, which | 25 | | service must be paid for in advance and is sold in |
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| 1 | | predetermined units or dollars which the amount declines with | 2 | | use in a known amount.
which is activated by payment in advance | 3 | | of a finite dollar amount or for a
finite set of minutes and | 4 | | which, unless an additional finite dollar amount or
finite set | 5 | | of minutes is paid in advance, terminates either (i) upon
use | 6 | | by a customer and delivery by the wireless carrier of an | 7 | | agreed-upon amount
of service corresponding to the total dollar | 8 | | amount paid in advance, or within
a certain period of time | 9 | | following initial purchase or activation.
| 10 | | "Public safety agency" means a functional division of a | 11 | | public agency that
provides fire fighting, police, medical, or | 12 | | other emergency services. For the
purpose of providing wireless | 13 | | service to users of 9-1-1 emergency services, as
expressly | 14 | | provided for in this Act, the Department of State Police may be
| 15 | | considered a public safety agency.
| 16 | | "Qualified governmental entity"
means a unit of local | 17 | | government authorized to provide 9-1-1 services
pursuant to the | 18 | | Emergency Telephone System Act where no emergency telephone
| 19 | | system board exists. | 20 | | "Remit period" means the billing period, one month in | 21 | | duration, for which a wireless carrier , other than a prepaid | 22 | | wireless carrier that provides zip code information based upon | 23 | | the addresses associated with its customers' points of | 24 | | purchase, customers' billing addresses, or locations | 25 | | associated with MTNs, as described in subsection (a) of Section | 26 | | 17, remits a surcharge and provides subscriber information by |
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| 1 | | zip code to the Illinois Commerce Commission, in accordance | 2 | | with Section 17 of this Act.
| 3 | | "Statewide wireless emergency 9-1-1 system" means all | 4 | | areas of the State
where an emergency telephone system board | 5 | | or, in the absence of an emergency
telephone system board, a | 6 | | qualified governmental entity has not declared its
intention | 7 | | for one or more of its public safety answering points to serve | 8 | | as a
primary wireless 9-1-1 public safety answering point for | 9 | | its jurisdiction.
The operator of the statewide wireless | 10 | | emergency 9-1-1 system shall be the
Department of State Police.
| 11 | | "Sufficient positive balance" means a dollar amount | 12 | | greater than or equal
to the monthly wireless 9-1-1 surcharge | 13 | | amount.
| 14 | | "Wireless carrier" means a provider of two-way cellular, | 15 | | broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial | 16 | | Mobile Radio Service (CMRS),
Wireless Communications Service | 17 | | (WCS), or other Commercial Mobile Radio Service
(CMRS), as | 18 | | defined by the Federal Communications Commission, offering | 19 | | radio
communications that may provide fixed, mobile, radio | 20 | | location, or satellite
communication services to individuals | 21 | | or businesses within its assigned
spectrum block and | 22 | | geographical area or that offers real-time, two-way voice
| 23 | | service that is interconnected with the public switched | 24 | | network, including a
reseller of such service.
| 25 | | "Wireless enhanced 9-1-1" means the ability to relay the | 26 | | telephone number
of the originator of a 9-1-1 call and location |
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| 1 | | information from any mobile handset or text telephone
device | 2 | | accessing the wireless system to the designated wireless public | 3 | | safety
answering point as set forth in the order of the Federal | 4 | | Communications
Commission, FCC Docket No. 94-102, adopted June | 5 | | 12, 1996, with an effective
date of October 1, 1996, and any | 6 | | subsequent amendment thereto.
| 7 | | "Wireless public safety answering point" means the | 8 | | functional division of
an emergency telephone system board, | 9 | | qualified governmental entity, or the
Department of State | 10 | | Police accepting wireless 9-1-1 calls.
| 11 | | "Wireless subscriber" means an individual or entity to whom | 12 | | a wireless
service account or number has been assigned by a | 13 | | wireless carrier , other than an account or number associated | 14 | | with prepaid wireless telecommunication service .
| 15 | | "Wireless telephone service" includes prepaid wireless | 16 | | telephone service
and means all "commercial mobile service", as | 17 | | that term is defined in 47 CFR
20.3, including all personal | 18 | | communications services, wireless radio telephone
services, | 19 | | geographic area specialized and enhanced specialized mobile | 20 | | radio
services, and incumbent wide area specialized mobile | 21 | | radio licensees that offer
real time, two-way service that is | 22 | | interconnected with the public switched
telephone network.
| 23 | | (Source: P.A. 95-63, eff. 8-13-07.)
| 24 | | (50 ILCS 751/17)
| 25 | | (Section scheduled to be repealed on April 1, 2013)
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| 1 | | Sec. 17. Wireless carrier surcharge.
| 2 | | (a) Except as provided in Sections Section 45 and 80 , each | 3 | | wireless
carrier shall impose a monthly wireless carrier | 4 | | surcharge per CMRS connection
that either has a telephone | 5 | | number within an area code assigned to Illinois by
the North | 6 | | American Numbering Plan Administrator or has a billing address | 7 | | in
this State.
In the case of prepaid wireless telephone | 8 | | service, this surcharge shall be
remitted based upon the | 9 | | address associated with the point of purchase, the
customer | 10 | | billing
address, or the location associated with the MTN for | 11 | | each active prepaid
wireless telephone that has a sufficient | 12 | | positive balance
as of the last day of each month, if that | 13 | | information is available. No
wireless carrier
shall impose the | 14 | | surcharge authorized by this
Section upon any subscriber who is | 15 | | subject to the surcharge imposed by a unit
of local
government
| 16 | | pursuant to Section 45.
Prior to January 1, 2008 (the effective | 17 | | date of Public Act 95-698), the surcharge amount shall be the | 18 | | amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | 19 | | January 1, 2008 (the effective date of Public Act 95-698), the | 20 | | monthly surcharge imposed under this Section shall be $0.73 per | 21 | | CMRS connection. The wireless carrier that provides wireless | 22 | | service to the
subscriber shall collect the surcharge
from the | 23 | | subscriber.
For mobile telecommunications services provided on | 24 | | and after August 1, 2002,
any surcharge imposed under this Act | 25 | | shall be imposed based upon the
municipality or county that | 26 | | encompasses
the customer's place of primary use as defined in |
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| 1 | | the Mobile Telecommunications
Sourcing Conformity Act.
The | 2 | | surcharge shall be stated as a separate item on the
| 3 | | subscriber's monthly bill. The wireless carrier shall begin | 4 | | collecting the
surcharge on bills issued within 90 days after | 5 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 6 | | surcharge. State and local taxes shall not
apply to the | 7 | | wireless carrier surcharge.
| 8 | | (b) Except as provided in Sections Section 45 and 80 , a | 9 | | wireless carrier shall, within 45
days of collection, remit, | 10 | | either by check or by electronic funds transfer, to
the State | 11 | | Treasurer the amount of the wireless carrier surcharge | 12 | | collected
from each subscriber.
Of the amounts remitted under | 13 | | this subsection prior to January 1, 2008 (the effective date of | 14 | | Public Act 95-698), and for surcharges imposed before January | 15 | | 1, 2008 (the effective date of Public Act 95-698)
but remitted | 16 | | after January 1, 2008, the State
Treasurer shall deposit | 17 | | one-third into the Wireless Carrier Reimbursement Fund
and | 18 | | two-thirds into the Wireless Service Emergency Fund. For | 19 | | surcharges collected and remitted on or after January 1, 2008 | 20 | | (the effective date of Public Act 95-698), $0.1475 per | 21 | | surcharge collected shall be deposited into the Wireless | 22 | | Carrier Reimbursement Fund, and $0.5825 per surcharge | 23 | | collected shall be deposited into the Wireless Service | 24 | | Emergency Fund. Of the amounts deposited into the Wireless | 25 | | Carrier Reimbursement Fund under this subsection, $0.01 per | 26 | | surcharge collected may be distributed to the carriers to cover |
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| 1 | | their administrative costs. Of the amounts deposited into the | 2 | | Wireless Service Emergency Fund under this subsection, $0.01 | 3 | | per surcharge collected may be disbursed to the Illinois | 4 | | Commerce Commission to cover its administrative costs.
| 5 | | (c)
The first such remittance by wireless carriers shall | 6 | | include the number
of wireless subscribers customers by zip | 7 | | code, and the 9-digit zip code if currently being used or
later | 8 | | implemented by the carrier, that shall be the means by which | 9 | | the
Illinois Commerce Commission shall determine distributions | 10 | | from
the Wireless Service Emergency Fund.
This information | 11 | | shall be updated no less often than every year. Wireless
| 12 | | carriers are not required to remit surcharge moneys that are | 13 | | billed to
subscribers but not yet collected. Any carrier that | 14 | | fails to provide the zip code information required under this | 15 | | subsection (c) or any prepaid wireless carrier that fails to | 16 | | provide zip code information based upon the addresses | 17 | | associated with its customers' points of purchase, customers' | 18 | | billing addresses, or locations associated with MTNs, as | 19 | | described in subsection (a) of this Section, shall be subject | 20 | | to the penalty set forth in subsection (f) of this Section.
| 21 | | (d) Any funds collected under the Prepaid Wireless 9-1-1 | 22 | | Surcharge Act shall be distributed using a prorated method | 23 | | based upon zip code information collected from post-paid | 24 | | wireless carriers under subsection (c) of this Section. Within | 25 | | 90 days after August 13, 2007 (the effective date of Public Act | 26 | | 95-63), each wireless carrier must implement a mechanism for |
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| 1 | | the collection of the surcharge imposed under subsection (a) of | 2 | | this Section from its subscribers. If a wireless carrier does | 3 | | not implement a mechanism for the collection of the surcharge | 4 | | from its subscribers in accordance with this subsection (d), | 5 | | then the carrier is required to remit the surcharge for all | 6 | | subscribers until the carrier is deemed to be in compliance | 7 | | with this subsection (d) by the Illinois Commerce Commission. | 8 | | (e) 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 remit the surcharge or any portion | 11 | | thereof required under this Section, then the surcharge or | 12 | | portion thereof shall be deemed delinquent until paid in full, | 13 | | and the Illinois Commerce Commission may impose a penalty | 14 | | against the carrier in an amount equal to the greater of: | 15 | | (1) $25 for each month or portion of a month from the | 16 | | time an amount becomes delinquent until the amount is paid | 17 | | in full; or | 18 | | (2) an amount equal to the product of 1% and the sum of | 19 | | all delinquent amounts for each month or portion of a month | 20 | | that the delinquent amounts remain unpaid. | 21 | | A penalty imposed in accordance with this subsection (e) | 22 | | for a portion of a month during which the carrier provides the | 23 | | number of subscribers by zip code as required under subsection | 24 | | (c) of this Section shall be prorated for each day of that | 25 | | month during which the carrier had not provided the number of | 26 | | subscribers by zip code as required under subsection (c) of |
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| 1 | | this Section. Any penalty imposed under this subsection (e) is | 2 | | in addition to the amount of the delinquency and is in addition | 3 | | to any other penalty imposed under this Section. | 4 | | (f) If, before midnight on the last day of the third | 5 | | calendar month after the closing date of the remit period, a | 6 | | wireless carrier does not provide the number of subscribers by | 7 | | zip code as required under subsection (c) of this Section, then | 8 | | the report is deemed delinquent and the Illinois Commerce | 9 | | Commission may impose a penalty against the carrier in an | 10 | | amount equal to the greater of: | 11 | | (1) $25 for each month or portion of a month that the | 12 | | report is delinquent; or | 13 | | (2) an amount equal to the product of 1/2˘ and the | 14 | | number of subscribers served by the wireless carrier. | 15 | | A penalty imposed in accordance with this subsection (f) | 16 | | for a portion of a month during which the carrier pays the | 17 | | delinquent amount in full shall be prorated for each day of | 18 | | that month that the delinquent amount was paid in full. Any | 19 | | penalty imposed under this subsection (f) is in addition to any | 20 | | other penalty imposed under this Section. | 21 | | (g) The Illinois Commerce Commission may enforce the | 22 | | collection of any delinquent amount and any penalty due and | 23 | | unpaid under this Section by legal action or in any other | 24 | | manner by which the collection of debts due the State of | 25 | | Illinois may be enforced under the laws of this State. The | 26 | | Executive Director of the Illinois Commerce Commission, or his |
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| 1 | | or her designee, may excuse the payment of any penalty imposed | 2 | | under this Section if the Executive Director, or his or her | 3 | | designee, determines that the enforcement of this penalty is | 4 | | unjust. | 5 | | (h)
Notwithstanding any provision of law to the contrary,
| 6 | | nothing shall impair the right of wireless carriers to recover
| 7 | | compliance costs for all emergency communications services | 8 | | that are not reimbursed out of the Wireless Carrier | 9 | | Reimbursement Fund
directly from their wireless subscribers | 10 | | customers via line-item charges on the wireless subscriber's
| 11 | | customer's bill. Those compliance costs include all costs
| 12 | | incurred by wireless carriers in complying with local, State,
| 13 | | and federal regulatory or legislative mandates that require the
| 14 | | transmission and receipt of emergency communications to and
| 15 | | from the general public, including, but not limited to, E-911.
| 16 | | (i)
The Auditor General shall conduct, on an annual basis, | 17 | | an audit of the Wireless Service Emergency Fund and the | 18 | | Wireless Carrier Reimbursement Fund for compliance with the | 19 | | requirements of this Act. The audit shall include, but not be | 20 | | limited to, the following determinations:
| 21 | | (1) Whether the Commission is maintaining detailed | 22 | | records of all receipts and disbursements from the Wireless | 23 | | Carrier Emergency Fund and the Wireless Carrier | 24 | | Reimbursement Fund.
| 25 | | (2) Whether the Commission's administrative costs | 26 | | charged to the funds are adequately documented and are |
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| 1 | | reasonable.
| 2 | | (3) Whether the Commission's procedures for making | 3 | | grants and providing reimbursements in accordance with the | 4 | | Act are adequate.
| 5 | | (4) The status of the implementation of wireless 9-1-1 | 6 | | and E9-1-1 services in Illinois.
| 7 | | The Commission, the Department of State Police, and any | 8 | | other entity or person that may have information relevant to | 9 | | the audit shall cooperate fully and promptly with the Office of | 10 | | the Auditor General in conducting the audit. The Auditor | 11 | | General shall commence the audit as soon as possible and | 12 | | distribute the report upon completion in accordance with | 13 | | Section 3-14 of the Illinois State Auditing Act.
| 14 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | 15 | | eff. 8-21-08.)
| 16 | | (50 ILCS 751/80 new) | 17 | | Sec. 80. Prepaid wireless telecommunications service; | 18 | | surcharge. The wireless carrier surcharge and any other | 19 | | requirements imposed by Section 17 or authorized by Section 45 | 20 | | shall not apply to prepaid wireless telecommunications | 21 | | service. The provisions of the Prepaid Wireless 9-1-1 Surcharge | 22 | | Act shall apply to prepaid wireless telecommunications | 23 | | service. | 24 | | Section 97. The Public Utilities Act is amended by changing |
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| 1 | | Section 13-230 as follows: | 2 | | (220 ILCS 5/13-230) | 3 | | (Section scheduled to be repealed on July 1, 2013) | 4 | | Sec. 13-230. Prepaid calling service. "Prepaid calling | 5 | | service" means telecommunications service that must be paid for | 6 | | in advance by an end user, enables the end user to originate | 7 | | calls using an access number or authorization code, whether | 8 | | manually or electronically dialed, and is sold in predetermined | 9 | | units or dollars of which the number declines with use in a | 10 | | known amount. A prepaid calling service call is a call made by | 11 | | an end user using prepaid calling service. "Prepaid calling | 12 | | service" does not include prepaid wireless telecommunications | 13 | | telephone service as defined in Section 10 of the Wireless | 14 | | Emergency Telephone Safety Act.
| 15 | | (Source: P.A. 93-1002, eff. 1-1-05 .) | 16 | | Section 997. Severability. The provisions of this Act are | 17 | | severable under Section 1.31 of the Statute on Statutes.
| 18 | | Section 999. Effective date. This Act takes effect January | 19 | | 1, 2012.".
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