Full Text of HB0434 98th General Assembly
HB0434ham001 98TH GENERAL ASSEMBLY | Rep. Esther Golar Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 434
| 2 | | AMENDMENT NO. ______. Amend House Bill 434 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.826 as follows: | 6 | | (30 ILCS 105/5.826 new) | 7 | | Sec. 5.826. The Poison Response Fund. | 8 | | Section 10. The Wireless Emergency Telephone Safety Act is | 9 | | amended by changing Sections 17 and 70 as follows:
| 10 | | (50 ILCS 751/17)
| 11 | | (Section scheduled to be repealed on July 1, 2013)
| 12 | | Sec. 17. Wireless carrier surcharge.
| 13 | | (a) Except as provided in Sections 45 and 80, each wireless
| 14 | | carrier shall impose a monthly wireless carrier surcharge per |
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| 1 | | CMRS connection
that either has a telephone number within an | 2 | | area code assigned to Illinois by
the North American Numbering | 3 | | Plan Administrator or has a billing address in
this State. No
| 4 | | wireless carrier
shall impose the surcharge authorized by this
| 5 | | Section upon any subscriber who is subject to the surcharge | 6 | | imposed by a unit
of local
government
pursuant to Section 45.
| 7 | | Prior to January 1, 2008 (the effective date of Public Act | 8 | | 95-698), the surcharge amount shall be the amount set by the | 9 | | Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008 | 10 | | (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 Sections 45 and 80, a wireless | 26 | | carrier shall, within 45
days of collection, remit, either by |
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| 1 | | check or by electronic funds transfer, to
the State Treasurer | 2 | | the amount of the wireless carrier surcharge collected
from | 3 | | each subscriber.
Of the amounts remitted under this subsection | 4 | | prior to January 1, 2008 (the effective date of Public Act | 5 | | 95-698), 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 January 1, 2008 (the effective date of | 11 | | Public Act 95-698), $0.1475 per surcharge collected shall be | 12 | | deposited into the Wireless Carrier Reimbursement Fund, and | 13 | | $0.5825 per surcharge collected shall be deposited into the | 14 | | Wireless Service Emergency Fund. Of the amounts deposited into | 15 | | the Wireless Carrier Reimbursement Fund under this subsection, | 16 | | $0.01 per surcharge collected may be distributed to the | 17 | | carriers to cover their administrative costs. Of the amounts | 18 | | deposited into the Wireless Service Emergency Fund under this | 19 | | subsection, $0.01 per surcharge collected may be disbursed to | 20 | | the Illinois Commerce Commission to cover its administrative | 21 | | costs.
| 22 | | For surcharges collected and remitted on or after July 1, | 23 | | 2013, $0.68 per surcharge collected shall be deposited into the | 24 | | Wireless Service Emergency Fund for distribution to 9-1-1 | 25 | | authorities, $0.02 per surcharge collected shall be deposited | 26 | | into the Wireless Service Emergency Fund for distribution to |
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| 1 | | County Emergency Telephone System Boards in counties with a | 2 | | population under 250,000, $0.02 per surcharge shall be | 3 | | deposited in the Poison Response Fund for distribution to a | 4 | | human poison control center as defined in Section 10 of the | 5 | | Poison Control System Act, and $0.01 per surcharge collected | 6 | | may be disbursed to the Illinois Commerce Commission for | 7 | | administrative costs. | 8 | | (c)
The first such remittance by wireless carriers shall | 9 | | include the number
of wireless subscribers by zip code, and the | 10 | | 9-digit zip code if currently being used or
later implemented | 11 | | by the carrier, that shall be the means by which the
Illinois | 12 | | Commerce Commission shall determine distributions from
the | 13 | | Wireless Service Emergency Fund.
This information shall be | 14 | | updated no less often than every year. Wireless
carriers are | 15 | | not required to remit surcharge moneys that are billed to
| 16 | | subscribers but not yet collected. Any carrier that fails to | 17 | | provide the zip code information required under this subsection | 18 | | (c) shall be subject to the penalty set forth in subsection (f) | 19 | | of this Section.
| 20 | | (d) Any funds collected under the Prepaid Wireless 9-1-1 | 21 | | Surcharge Act shall be distributed using a prorated method | 22 | | based upon zip code information collected from post-paid | 23 | | wireless carriers under subsection (c) of this Section. | 24 | | (e) If before midnight on the last day of the third | 25 | | calendar month after the closing date of the remit period a | 26 | | wireless carrier does not remit the surcharge or any portion |
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| 1 | | thereof required under this Section, then the surcharge or | 2 | | portion thereof shall be deemed delinquent until paid in full, | 3 | | and the Illinois Commerce Commission may impose a penalty | 4 | | against the carrier in an amount equal to the greater of: | 5 | | (1) $25 for each month or portion of a month from the | 6 | | time an amount becomes delinquent until the amount is paid | 7 | | in full; or | 8 | | (2) an amount equal to the product of 1% and the sum of | 9 | | all delinquent amounts for each month or portion of a month | 10 | | that the delinquent amounts remain unpaid. | 11 | | A penalty imposed in accordance with this subsection (e) | 12 | | for a portion of a month during which the carrier provides the | 13 | | number of subscribers by zip code as required under subsection | 14 | | (c) of this Section shall be prorated for each day of that | 15 | | month during which the carrier had not provided the number of | 16 | | subscribers by zip code as required under subsection (c) of | 17 | | this Section. Any penalty imposed under this subsection (e) is | 18 | | in addition to the amount of the delinquency and is in addition | 19 | | to any other penalty imposed under this Section. | 20 | | (f) If, before midnight on the last day of the third | 21 | | calendar month after the closing date of the remit period, a | 22 | | wireless carrier does not provide the number of subscribers by | 23 | | zip code as required under subsection (c) of this Section, then | 24 | | the report is deemed delinquent and the Illinois Commerce | 25 | | Commission may impose a penalty against the carrier in an | 26 | | amount equal to the greater of: |
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| 1 | | (1) $25 for each month or portion of a month that the | 2 | | report is delinquent; or | 3 | | (2) an amount equal to the product of 1/2˘ and the | 4 | | number of subscribers served by the wireless carrier. On | 5 | | and after July 1, 2013, an amount equal to the product of | 6 | | $0.01 and the number of subscribers served by the wireless | 7 | | carrier. | 8 | | A penalty imposed in accordance with this subsection (f) | 9 | | for a portion of a month during which the carrier pays the | 10 | | delinquent amount in full shall be prorated for each day of | 11 | | that month that the delinquent amount was paid in full. A | 12 | | penalty imposed and collected in accordance with subsection (f) | 13 | | of this Section shall be deposited into the Wireless Service | 14 | | Emergency Fund. Any penalty imposed under this subsection (f) | 15 | | is in addition to any other penalty imposed under this Section. | 16 | | (g) The Illinois Commerce Commission may enforce the | 17 | | collection of any delinquent amount and any penalty due and | 18 | | unpaid under this Section by legal action or in any other | 19 | | manner by which the collection of debts due the State of | 20 | | Illinois may be enforced under the laws of this State. The | 21 | | Executive Director of the Illinois Commerce Commission, or his | 22 | | or her designee, may excuse the payment of any penalty imposed | 23 | | under this Section if the Executive Director, or his or her | 24 | | designee, determines that the enforcement of this penalty is | 25 | | unjust. | 26 | | (h)
Notwithstanding any provision of law to the contrary,
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| 1 | | nothing shall impair the right of wireless carriers to recover
| 2 | | compliance costs for all emergency communications services | 3 | | that are not reimbursed out of the Wireless Carrier | 4 | | Reimbursement Fund
directly from their wireless subscribers | 5 | | via line-item charges on the wireless subscriber's
bill. Those | 6 | | compliance costs include all costs
incurred by wireless | 7 | | carriers in complying with local, State,
and federal regulatory | 8 | | or legislative mandates that require the
transmission and | 9 | | receipt of emergency communications to and
from the general | 10 | | public, including, but not limited to, E-911.
| 11 | | (i)
The Auditor General shall conduct, on an annual basis, | 12 | | an audit of the Wireless Service Emergency Fund , the Poison | 13 | | Response Fund, and the Wireless Carrier Reimbursement Fund for | 14 | | compliance with the requirements of this Act. The audit shall | 15 | | include, but not be 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 , the Poison Response Fund, and the | 19 | | Wireless Carrier 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 |
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| 1 | | and E9-1-1 services in Illinois.
| 2 | | (5) The status of human poison response services in | 3 | | Illinois. | 4 | | The Commission, the Department of State Police, and any | 5 | | other entity or person that may have information relevant to | 6 | | the audit shall cooperate fully and promptly with the Office of | 7 | | the Auditor General in conducting the audit. The Auditor | 8 | | General shall commence the audit as soon as possible and | 9 | | distribute the report upon completion in accordance with | 10 | | Section 3-14 of the Illinois State Auditing Act.
| 11 | | (j) The Illinois Commerce Commission may require an annual | 12 | | report of income and expenditures from each emergency telephone | 13 | | systems board or qualified governmental entity providing 9-1-1 | 14 | | service, and from each human poison control center as defined | 15 | | in Section 10 of the Poison Control System Act, in a form and | 16 | | manner prescribed by the Commission. The report may require the | 17 | | inclusion of a copy of the audited financial statements of each | 18 | | human poison control center as defined in Section 10 of the | 19 | | Poison Control System Act, and each emergency telephone systems | 20 | | board or qualified governmental entity providing 9-1-1 | 21 | | service.
| 22 | | (Source: P.A. 97-463, eff. 1-1-12 .)
| 23 | | (50 ILCS 751/70)
| 24 | | (Section scheduled to be repealed on July 1, 2013)
| 25 | | Sec. 70. Repealer. This Act is repealed on July 1, 2018 |
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| 1 | | 2013 .
| 2 | | (Source: P.A. 97-1163, eff. 2-4-13.)
| 3 | | Section 15. The Public Utilities Act is amended by changing | 4 | | Sections 13-900 and 13-1200 as follows: | 5 | | (220 ILCS 5/13-900) | 6 | | (Section scheduled to be repealed on July 1, 2013) | 7 | | Sec. 13-900. Authority to serve as 9-1-1 system provider; | 8 | | rules. | 9 | | (a) The General Assembly finds that it is necessary to | 10 | | require the certification of 9-1-1 system providers to ensure | 11 | | the safety of the lives and property of Illinoisans and | 12 | | Illinois businesses, and to otherwise protect and promote the | 13 | | public safety, health, and welfare of the citizens of this | 14 | | State and their property. | 15 | | (b) For purposes of this Section: | 16 | | "9-1-1 system" has the same meaning as that term is | 17 | | defined in Section 2.19 of the Emergency Telephone System | 18 | | Act. | 19 | | "9-1-1 system provider" means any person, corporation, | 20 | | limited liability company, partnership, sole | 21 | | proprietorship, or entity of any description whatever that | 22 | | acts as a system provider within the meaning of Section | 23 | | 2.18 of the Emergency Telephone System Act. | 24 | | "Emergency Telephone System Board" has the same |
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| 1 | | meaning as that term is defined in Sections 2.11 and 15.4 | 2 | | of the Emergency Telephone System Act. | 3 | | "Public safety agency personnel" means personnel | 4 | | employed by a public safety agency, as that term is defined | 5 | | in Section 2.02 of the Emergency Telephone System Act, | 6 | | whose responsibilities include responding to requests for | 7 | | emergency services. | 8 | | (c) Except as otherwise provided in this Section, beginning | 9 | | July 1, 2010, it is unlawful for any 9-1-1 system provider to | 10 | | offer or provide or seek to offer or provide to any emergency | 11 | | telephone system board or 9-1-1 system, or agent, | 12 | | representative, or designee thereof, any network and database | 13 | | service used or intended to be used by any emergency telephone | 14 | | system board or 9-1-1 system for the purpose of answering, | 15 | | transferring, or relaying requests for emergency services, or | 16 | | dispatching public safety agency personnel in response to | 17 | | requests for emergency services, unless the 9-1-1 system | 18 | | provider has applied for and received a Certificate of 9-1-1 | 19 | | System Provider Authority from the Commission. The Commission | 20 | | shall approve an application for a Certificate of 9-1-1 System | 21 | | Provider Authority upon a showing by the applicant, and a | 22 | | finding by the Commission, after notice and hearing, that the | 23 | | applicant possesses sufficient technical, financial, and | 24 | | managerial resources and abilities to provide network service | 25 | | and database services that it seeks authority to provide in its | 26 | | application for service authority, in a safe, continuous, and |
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| 1 | | uninterrupted manner. | 2 | | (d) No incumbent local exchange carrier that provides, as | 3 | | of the effective date of this amendatory Act of the 96th | 4 | | General Assembly, any 9-1-1 network and 9-1-1 database service | 5 | | used or intended to be used by any Emergency Telephone System | 6 | | Board or 9-1-1 system, shall be required to obtain a | 7 | | Certificate of 9-1-1 System Provider Authority under this | 8 | | Section. No entity that possesses, as of the effective date of | 9 | | this amendatory Act of the 96th General Assembly, a Certificate | 10 | | of Service Authority and provides 9-1-1 network and 9-1-1 | 11 | | database services to any incumbent local exchange carrier as of | 12 | | the effective date of this amendatory Act of the 96th General | 13 | | Assembly shall be required to obtain a Certificate of 9-1-1 | 14 | | System Provider Authority under this Section. | 15 | | (e) Any and all enforcement authority granted to the | 16 | | Commission under this Section shall apply exclusively to 9-1-1 | 17 | | system providers granted a Certificate of Service Authority | 18 | | under this Section and shall not apply to incumbent local | 19 | | exchange carriers that are providing 9-1-1 service as of the | 20 | | effective date of this amendatory Act of the 96th General | 21 | | Assembly. | 22 | | (f) This Section is repealed on July 1, 2016.
| 23 | | (Source: P.A. 96-25, eff. 6-30-09 .) | 24 | | (220 ILCS 5/13-1200) | 25 | | (Section scheduled to be repealed on July 1, 2013) |
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| 1 | | Sec. 13-1200. Repealer. This Article is repealed July 1, | 2 | | 2013 , except as provided in Section 13-900 of this Article . | 3 | | (Source: P.A. 95-9, eff. 6-30-07; 96-24, eff. 6-30-09; 96-927, | 4 | | eff. 6-15-10.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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