Full Text of HB3822 99th General Assembly
HB3822ham002 99TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3822
| 2 | | AMENDMENT NO. ______. Amend House Bill 3822, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The State Finance Act is amended by adding | 6 | | Section 5.866 as follows: | 7 | | (30 ILCS 105/5.866 new) | 8 | | Sec. 5.866. The Illinois Telecommunications Access | 9 | | Corporation Fund. | 10 | | Section 10. The Public Utilities Act is amended by changing | 11 | | Section 13-703 as follows:
| 12 | | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| 13 | | (Section scheduled to be repealed on July 1, 2015)
| 14 | | Sec. 13-703.
(a) The Commission shall design and implement |
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| 1 | | a program
whereby each telecommunications carrier providing | 2 | | local exchange service
shall provide a telecommunications | 3 | | device capable of servicing the needs of
those persons with a | 4 | | hearing or speech disability together with a
single party line, | 5 | | at no charge additional to the basic exchange rate, to
any | 6 | | subscriber who is certified as having a hearing or speech | 7 | | disability by a
licensed physician, speech-language | 8 | | pathologist, audiologist or a qualified
State agency and to any | 9 | | subscriber which is an organization serving the needs
of those | 10 | | persons with a hearing or speech disability as determined and
| 11 | | specified by the Commission pursuant to subsection (d).
| 12 | | (b) The Commission shall design and implement a program, | 13 | | whereby each
telecommunications carrier providing local | 14 | | exchange service shall provide a
telecommunications relay | 15 | | system, using third party intervention to connect
those persons | 16 | | having a hearing or speech disability with persons of normal
| 17 | | hearing by way of intercommunications devices and the telephone | 18 | | system, making
available reasonable access to all phases of | 19 | | public telephone service to
persons who have a hearing or | 20 | | speech disability. In order to design a
telecommunications | 21 | | relay system which will meet the requirements of those
persons | 22 | | with a hearing or speech disability available at a reasonable | 23 | | cost, the
Commission shall initiate an investigation and | 24 | | conduct public hearings to
determine the most cost-effective | 25 | | method of providing telecommunications relay
service to those | 26 | | persons who have a hearing or speech disability when using
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| 1 | | telecommunications devices and therein solicit the advice, | 2 | | counsel, and
physical assistance of Statewide nonprofit | 3 | | consumer organizations that serve
persons with hearing or | 4 | | speech disabilities in such hearings and during the
development | 5 | | and implementation of the system. The Commission shall phase
in | 6 | | this program, on a geographical basis, as soon as is | 7 | | practicable, but
no later than June 30, 1990.
| 8 | | (c) The Commission shall establish a competitively neutral | 9 | | rate recovery mechanism that establishes ,
authorizing charges | 10 | | in an amount to be determined by the Commission
for each line | 11 | | of a subscriber to allow telecommunications carriers
providing | 12 | | local exchange service to recover costs as they are incurred
| 13 | | under this Section.
| 14 | | (d) The Commission shall determine and specify those | 15 | | organizations serving
the needs of those persons having a | 16 | | hearing or speech disability that shall
receive a | 17 | | telecommunications device and in which offices the equipment | 18 | | shall be
installed in the case of an organization having more | 19 | | than one office. For the
purposes of this Section, | 20 | | "organizations serving the needs of those persons
with hearing | 21 | | or speech disabilities" means centers for independent living as
| 22 | | described in Section 12a of the Disabled Persons Rehabilitation | 23 | | Act and
not-for-profit organizations whose primary purpose is | 24 | | serving the needs of
those persons with hearing or speech | 25 | | disabilities. The Commission shall direct
the | 26 | | telecommunications carriers subject to its jurisdiction and |
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| 1 | | this
Section to comply with its determinations and | 2 | | specifications in this regard.
| 3 | | (e) As used in this Section : | 4 | | "Prepaid wireless telecommunications service" has the | 5 | | meaning set forth in Section 10 of the Prepaid Wireless 9-1-1 | 6 | | Surcharge Act. | 7 | | "Retail transaction" has the meaning set forth in Section | 8 | | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 9 | | "Telecommunications , the phrase "telecommunications | 10 | | carrier
providing local exchange service" includes, without | 11 | | otherwise limiting the
meaning of the term, telecommunications | 12 | | carriers which are purely mutual
concerns, having no rates or | 13 | | charges for services, but paying the operating
expenses by | 14 | | assessment upon the members of such a company and no other
| 15 | | person.
| 16 | | "Wireless carrier" has the meaning set forth in Section 10 | 17 | | of the Wireless Emergency Telephone Safety Act. | 18 | | (f) Interconnected VoIP service providers , sellers of | 19 | | prepaid wireless telecommunications service, and wireless | 20 | | carriers in Illinois shall collect and remit assessments | 21 | | determined in accordance with this Section in a competitively | 22 | | neutral manner in the same manner as a telecommunications | 23 | | carrier providing local exchange service. However, the | 24 | | assessment imposed on consumers of prepaid wireless | 25 | | telecommunications service shall be imposed per retail | 26 | | transaction as a percentage of that retail transaction on all |
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| 1 | | retail transactions occurring in this State. Sellers of prepaid | 2 | | wireless telecommunications service shall remit the | 3 | | assessments to the Department of Revenue on the same form and | 4 | | in the same manner which they remit the fee collected under the | 5 | | Prepaid Wireless 9-1-1 Surcharge Act. For the purposes of | 6 | | display on the consumers' receipts, the rates of the fee | 7 | | collected under the Prepaid Wireless 9-1-1 Surcharge Act and | 8 | | the assessment under this Section may be combined. In | 9 | | administration and enforcement of this Section, the provisions | 10 | | of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | 11 | | Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | 12 | | Section 15 and subsections (c) and (e) of Section 20 of the | 13 | | Prepaid Wireless 9-1-1 Surcharge Act and, from the effective | 14 | | date of this amendatory Act of the 99th General Assembly, the | 15 | | seller shall be permitted to deduct and retain 3% of the | 16 | | assessments that are collected by the seller from consumers and | 17 | | that are remitted and timely filed with the Department) that | 18 | | are not inconsistent with this Section, shall apply, as far as | 19 | | practicable, to the subject matter of this Section to the same | 20 | | extent as if those provisions were included in this Section. | 21 | | The Department shall pay to the State Treasurer all assessments | 22 | | and penalties collected under this Section for deposit into the | 23 | | Illinois Telecommunications Access Corporation Fund, a special | 24 | | fund created in the State treasury. On or before the 25th day | 25 | | of each calendar month, the Department shall prepare and | 26 | | certify to the Comptroller the amount available to the Illinois |
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| 1 | | Commerce 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. The |
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| 1 | | Illinois Commerce Commission may adopt rules necessary to | 2 | | implement this Section. | 3 | | (g) The provisions of this Section are severable under | 4 | | Section 1.31 of the Statute on Statutes. | 5 | | (Source: P.A. 96-927, eff. 6-15-10 .)
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2015.".
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