Full Text of HB3822 99th General Assembly
HB3822ham001 99TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3822
| 2 | | AMENDMENT NO. ______. Amend House Bill 3822 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 6z-101 as follows: | 6 | | (30 ILCS 105/6z-101 new) | 7 | | Sec. 6z-101. The Illinois Telecommunications Access | 8 | | Corporation Fund. The Illinois Telecommunications Access | 9 | | Corporation Fund is created as a nonappropriated trust fund to | 10 | | be held outside the State treasury, with the State Treasurer as | 11 | | ex officio custodian. | 12 | | Section 10. The Public Utilities Act is amended by changing | 13 | | Section 13-703 as follows:
| 14 | | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
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| 1 | | (Section scheduled to be repealed on July 1, 2015)
| 2 | | Sec. 13-703.
(a) The Commission shall design and implement | 3 | | a program
whereby each telecommunications carrier providing | 4 | | local exchange service
shall provide a telecommunications | 5 | | device capable of servicing the needs of
those persons with a | 6 | | hearing or speech disability together with a
single party line, | 7 | | at no charge additional to the basic exchange rate, to
any | 8 | | subscriber who is certified as having a hearing or speech | 9 | | disability by a
licensed physician, speech-language | 10 | | pathologist, audiologist or a qualified
State agency and to any | 11 | | subscriber which is an organization serving the needs
of those | 12 | | persons with a hearing or speech disability as determined and
| 13 | | specified by the Commission pursuant to subsection (d).
| 14 | | (b) The Commission shall design and implement a program, | 15 | | whereby each
telecommunications carrier providing local | 16 | | exchange service shall provide a
telecommunications relay | 17 | | system, using third party intervention to connect
those persons | 18 | | having a hearing or speech disability with persons of normal
| 19 | | hearing by way of intercommunications devices and the telephone | 20 | | system, making
available reasonable access to all phases of | 21 | | public telephone service to
persons who have a hearing or | 22 | | speech disability. In order to design a
telecommunications | 23 | | relay system which will meet the requirements of those
persons | 24 | | with a hearing or speech disability available at a reasonable | 25 | | cost, the
Commission shall initiate an investigation and | 26 | | conduct public hearings to
determine the most cost-effective |
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| 1 | | method of providing telecommunications relay
service to those | 2 | | persons who have a hearing or speech disability when using
| 3 | | telecommunications devices and therein solicit the advice, | 4 | | counsel, and
physical assistance of Statewide nonprofit | 5 | | consumer organizations that serve
persons with hearing or | 6 | | speech disabilities in such hearings and during the
development | 7 | | and implementation of the system. The Commission shall phase
in | 8 | | this program, on a geographical basis, as soon as is | 9 | | practicable, but
no later than June 30, 1990.
| 10 | | (c) The Commission shall establish a competitively neutral | 11 | | rate recovery mechanism that establishes ,
authorizing charges | 12 | | in an amount to be determined by the Commission
for each line | 13 | | of a subscriber to allow telecommunications carriers
providing | 14 | | local exchange service to recover costs as they are incurred
| 15 | | under this Section.
| 16 | | (d) The Commission shall determine and specify those | 17 | | organizations serving
the needs of those persons having a | 18 | | hearing or speech disability that shall
receive a | 19 | | telecommunications device and in which offices the equipment | 20 | | shall be
installed in the case of an organization having more | 21 | | than one office. For the
purposes of this Section, | 22 | | "organizations serving the needs of those persons
with hearing | 23 | | or speech disabilities" means centers for independent living as
| 24 | | described in Section 12a of the Disabled Persons Rehabilitation | 25 | | Act and
not-for-profit organizations whose primary purpose is | 26 | | serving the needs of
those persons with hearing or speech |
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| 1 | | disabilities. The Commission shall direct
the | 2 | | telecommunications carriers subject to its jurisdiction and | 3 | | this
Section to comply with its determinations and | 4 | | specifications in this regard.
| 5 | | (e) As used in this Section : | 6 | | "Prepaid wireless telecommunications service" means a | 7 | | wireless telecommunications service that must be paid for in | 8 | | advance and is sold in predetermined units or dollars of which | 9 | | the amount declines with use in a known amount. | 10 | | "Retail transaction" has the meaning set forth in Section | 11 | | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 12 | | "Telecommunications , the phrase "telecommunications | 13 | | carrier
providing local exchange service" includes, without | 14 | | otherwise limiting the
meaning of the term, telecommunications | 15 | | carriers which are purely mutual
concerns, having no rates or | 16 | | charges for services, but paying the operating
expenses by | 17 | | assessment upon the members of such a company and no other
| 18 | | person.
| 19 | | "Wireless telecommunications service" means commercial | 20 | | mobile service as defined in 47 CFR 20.3. | 21 | | (f) Interconnected VoIP service providers , sellers of | 22 | | prepaid wireless telecommunications service, and providers of | 23 | | other wireless telecommunications services in Illinois shall | 24 | | collect and remit assessments determined in accordance with | 25 | | this Section in a competitively neutral manner in the same | 26 | | manner as a telecommunications carrier providing local |
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| 1 | | exchange service. However, the assessment imposed on consumers | 2 | | of prepaid wireless telecommunications service shall be | 3 | | imposed per retail transaction as a percentage of that retail | 4 | | transaction. Sellers of prepaid wireless telecommunications | 5 | | service shall remit the assessments to the Department of | 6 | | Revenue on the same form and in the same manner which they | 7 | | remit the fee collected under the Prepaid Wireless 9-1-1 | 8 | | Surcharge Act. For the purposes of display on the consumers' | 9 | | receipts, the rates of the fee collected under the Prepaid | 10 | | Wireless 9-1-1 Surcharge Act and the assessment under this | 11 | | Section may be combined. In administration and enforcement of | 12 | | this Section, the provisions of Sections 15 and 20 (except | 13 | | subsection (c) and, from the effective date of this amendatory | 14 | | Act of the 99th General Assembly, the seller shall be permitted | 15 | | to deduct and retain 3% of the assessments that are collected | 16 | | by the seller from consumers and that are remitted and timely | 17 | | filed with the Department) of the Prepaid Wireless 9-1-1 | 18 | | Surcharge Act that are not inconsistent with this Section, | 19 | | shall apply, as far as practicable, to the subject matter of | 20 | | this Section to the same extent as if those provisions were | 21 | | included in this Section. The Department shall pay to the State | 22 | | Treasurer all assessments and penalties collected under this | 23 | | Section for deposit into the Illinois Telecommunications | 24 | | Access Corporation Fund. On or before the 25th day of each | 25 | | calendar month, the Department shall prepare and certify to the | 26 | | Comptroller the amount available to the Illinois Commerce |
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| 1 | | Commission for distribution out of the Illinois | 2 | | Telecommunications Access Corporation Fund. The amount | 3 | | certified shall be the amount (not including credit memoranda) | 4 | | collected during the second preceding calendar month by the | 5 | | Department, plus an amount the Department determines is | 6 | | necessary to offset any amounts which were erroneously paid to | 7 | | a different taxing body or fund. The amount paid to the | 8 | | Illinois Telecommunications Access Corporation Fund shall not | 9 | | include any amount equal to the amount of refunds made during | 10 | | the second preceding calendar month by the Department to | 11 | | retailers under this Section or any amount that the Department | 12 | | determines is necessary to offset any amounts which were | 13 | | payable to a different taxing body or fund but were erroneously | 14 | | paid to the Illinois Telecommunications Access Corporation | 15 | | Fund. The Illinois Commerce Commission shall distribute all the | 16 | | funds to the Illinois Telecommunications Access Corporation | 17 | | and the funds may only be used in accordance with the | 18 | | provisions of this Section. The Department may deduct an | 19 | | amount, not to exceed 2%, during every year of remitted | 20 | | assessments to be transferred into the Tax Compliance and | 21 | | Administration Fund to reimburse the Department for its direct | 22 | | costs of administering the collection and remittance of the | 23 | | assessment. Interconnected VoIP services shall not be | 24 | | considered an intrastate telecommunications service for the | 25 | | purposes of this Section in a manner inconsistent with federal | 26 | | law or Federal Communications Commission regulation. |
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| 1 | | (g) The provisions of this Section are severable under | 2 | | Section 1.31 of the Statute on Statutes. | 3 | | (Source: P.A. 96-927, eff. 6-15-10 .)
| 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2015.".
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