Full Text of SB2599 98th General Assembly
SB2599sam001 98TH GENERAL ASSEMBLY | Sen. Jason A. Barickman Filed: 2/24/2014
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| 1 | | AMENDMENT TO SENATE BILL 2599
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2599 is amended by | 3 | | replacing lines 4 through 12 on page 1 with the following:
| 4 | | "(50 ILCS 751/35)
| 5 | | (Section scheduled to be repealed on July 1, 2014)
| 6 | | Sec. 35. Wireless Carrier Reimbursement Fund; | 7 | | reimbursement. | 8 | | (a) To recover costs from the Wireless Carrier | 9 | | Reimbursement Fund, the wireless
carrier shall submit sworn | 10 | | invoices to the Illinois Commerce Commission. In no event may | 11 | | any invoice for payment be approved for (i) costs
that are not | 12 | | related to compliance with the requirements established by the
| 13 | | wireless enhanced 9-1-1 mandates of the Federal Communications | 14 | | Commission, (ii)
costs with respect to any wireless enhanced | 15 | | 9-1-1 service that is not operable
at the time the invoice is | 16 | | submitted, or (iii) costs in excess of the sum of (A) the | 17 | | carrier's balance, as determined under subsection (e) of this |
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| 1 | | Section, plus (B) 100% of the surcharge
remitted to the
| 2 | | Wireless Carrier Reimbursement Fund by the wireless carrier | 3 | | under Section
17(b) since the last annual review of the balance | 4 | | in the Wireless Carrier Reimbursement Fund under subsection (e) | 5 | | of this Section, less reimbursements paid to the carrier out of | 6 | | the Wireless Carrier Reimbursement Fund since the last annual | 7 | | review of the balance under subsection (e) of this Section, | 8 | | unless the wireless carrier received prior approval for the | 9 | | expenditures
from the Illinois Commerce Commission.
| 10 | | (b) If in any month the total amount of invoices submitted | 11 | | to the Illinois Commerce Commission and approved for payment | 12 | | exceeds the amount
available in the Wireless Carrier | 13 | | Reimbursement Fund, wireless carriers that
have invoices | 14 | | approved for payment shall receive a pro-rata share of the | 15 | | amount
available in the Wireless Carrier Reimbursement Fund | 16 | | based on the relative
amount of their approved invoices | 17 | | available that month, and the balance of
the payments shall be | 18 | | carried into the following months until all of the approved
| 19 | | payments
are made.
| 20 | | (c) A wireless carrier may not receive payment from the | 21 | | Wireless Carrier
Reimbursement Fund for its costs of providing | 22 | | wireless enhanced 9-1-1 services
in an area when a unit of | 23 | | local government or emergency telephone system board
provides | 24 | | wireless 9-1-1 services in that area and was imposing and | 25 | | collecting a
wireless carrier surcharge prior to July 1, 1998.
| 26 | | (d) The Illinois Commerce Commission shall maintain |
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| 1 | | detailed records
of all receipts and disbursements and shall | 2 | | provide an annual accounting of all
receipts and disbursements | 3 | | to the Auditor General. | 4 | | (e) The Illinois Commerce Commission must annually review | 5 | | the balance in the Wireless Carrier Reimbursement Fund as of | 6 | | June 30 of each year and shall direct the Comptroller to | 7 | | transfer into the Wireless Services Emergency Fund for | 8 | | distribution in accordance with Section 25 of this Act any | 9 | | amount in excess of the amount of deposits into the Fund for | 10 | | the 24 months prior to June 30 less: | 11 | | (1) the amount of paid and payables received by June 30 | 12 | | for the 24 months prior to June 30 as determined eligible | 13 | | under subsection (a) of this Section; | 14 | | (2) the administrative costs associated with the Fund | 15 | | for the 24 months prior to June 30; and | 16 | | (3) the prorated portion of any other adjustments made | 17 | | to the Fund in the 24 months prior to June 30. | 18 | | After making the calculation required under this | 19 | | subsection (e), each carrier's available balance for purposes | 20 | | of reimbursements must be adjusted using the same calculation.
| 21 | | (f) The Illinois Commerce Commission shall adopt rules to | 22 | | govern the
reimbursement process.
| 23 | | (g) On January 1, 2008 (the effective date of Public Act | 24 | | 95-698), or as soon thereafter as practical, the State | 25 | | Comptroller shall order transferred and the State Treasurer | 26 | | shall transfer the sum of $8,000,000 from the Wireless Carrier |
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| 1 | | Reimbursement Fund to the Wireless Service Emergency Fund. That | 2 | | amount shall be used by the Illinois Commerce Commission to | 3 | | make grants in the manner described in Section 25 of this Act. | 4 | | (h) Notwithstanding any provision of law to the contrary, | 5 | | the Wireless Carrier Reimbursement Fund shall not be subject to | 6 | | sweeps, administrative charge-backs, or any other fiscal or | 7 | | budgetary maneuver that would in any way transfer any amount | 8 | | from that Fund into any other fund of the State, except as | 9 | | provided under this Section. | 10 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | 11 | | eff. 8-21-08 .)".
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