Full Text of SB0462 99th General Assembly
SB0462enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 13-703 as follows:
| 6 | | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| 7 | | (Section scheduled to be repealed on July 1, 2017)
| 8 | | Sec. 13-703.
(a) The Commission shall design and implement | 9 | | a program
whereby each telecommunications carrier providing | 10 | | local exchange service
shall provide a telecommunications | 11 | | device capable of servicing the needs of
those persons with a | 12 | | hearing or speech disability together with a
single party line, | 13 | | at no charge additional to the basic exchange rate, to
any | 14 | | subscriber who is certified as having a hearing or speech | 15 | | disability by a hearing care professional, as defined in the | 16 | | Hearing Instrument Consumer Protection Act
licensed physician , | 17 | | speech-language pathologist, audiologist or a qualified
State | 18 | | agency and to any subscriber which is an organization serving | 19 | | the needs
of those persons with a hearing or speech disability | 20 | | as determined and
specified by the Commission pursuant to | 21 | | subsection (d).
| 22 | | (b) The Commission shall design and implement a program, | 23 | | whereby each
telecommunications carrier providing local |
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| 1 | | exchange service shall provide a
telecommunications relay | 2 | | system, using third party intervention to connect
those persons | 3 | | having a hearing or speech disability with persons of normal
| 4 | | hearing by way of intercommunications devices and the telephone | 5 | | system, making
available reasonable access to all phases of | 6 | | public telephone service to
persons who have a hearing or | 7 | | speech disability. In order to design a
telecommunications | 8 | | relay system which will meet the requirements of those
persons | 9 | | with a hearing or speech disability available at a reasonable | 10 | | cost, the
Commission shall initiate an investigation and | 11 | | conduct public hearings to
determine the most cost-effective | 12 | | method of providing telecommunications relay
service to those | 13 | | persons who have a hearing or speech disability when using
| 14 | | telecommunications devices and therein solicit the advice, | 15 | | counsel, and
physical assistance of Statewide nonprofit | 16 | | consumer organizations that serve
persons with hearing or | 17 | | speech disabilities in such hearings and during the
development | 18 | | and implementation of the system. The Commission shall phase
in | 19 | | this program, on a geographical basis, as soon as is | 20 | | practicable, but
no later than June 30, 1990.
| 21 | | (c) The Commission shall establish a competitively neutral | 22 | | rate recovery mechanism that establishes charges in an amount | 23 | | to be determined by the Commission
for each line of a | 24 | | subscriber to allow telecommunications carriers
providing | 25 | | local exchange service to recover costs as they are incurred
| 26 | | under this Section. Beginning no later than April 1, 2016, and |
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| 1 | | on a yearly basis thereafter, the Commission shall initiate a | 2 | | proceeding to establish the competitively neutral amount to be | 3 | | charged or assessed to subscribers of telecommunications | 4 | | carriers and wireless carriers, Interconnected VoIP service | 5 | | providers , and consumers of prepaid wireless | 6 | | telecommunications service in a manner consistent with this | 7 | | subsection (c) and subsection (f) of this Section. The | 8 | | Commission shall issue its order establishing the | 9 | | competitively neutral amount to be charged or assessed to | 10 | | subscribers of telecommunications carriers and wireless | 11 | | carriers, Interconnected VoIP service providers , and | 12 | | purchasers of prepaid wireless telecommunications service on | 13 | | or prior to June 1 of each year, and such amount shall take | 14 | | effect June 1 of each year.
| 15 | | Telecommunications carriers, wireless carriers, | 16 | | Interconnected VoIP service providers, and sellers of prepaid | 17 | | wireless telecommunications service shall have 60 days from the | 18 | | date the Commission files its order to implement the new rate | 19 | | established by the order. | 20 | | (d) The Commission shall determine and specify those | 21 | | organizations serving
the needs of those persons having a | 22 | | hearing or speech disability that shall
receive a | 23 | | telecommunications device and in which offices the equipment | 24 | | shall be
installed in the case of an organization having more | 25 | | than one office. For the
purposes of this Section, | 26 | | "organizations serving the needs of those persons
with hearing |
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| 1 | | or speech disabilities" means centers for independent living as
| 2 | | described in Section 12a of the Rehabilitation of Persons with | 3 | | Disabilities Act and
not-for-profit organizations whose | 4 | | primary purpose is serving the needs of
those persons with | 5 | | hearing or speech disabilities. The Commission shall direct
the | 6 | | telecommunications carriers subject to its jurisdiction and | 7 | | this
Section to comply with its determinations and | 8 | | specifications in this regard.
| 9 | | (e) As used in this Section: | 10 | | "Prepaid wireless telecommunications service" has the | 11 | | meaning given to that term under Section 10 of the Prepaid | 12 | | Wireless 9-1-1 Surcharge Act. | 13 | | "Retail transaction" has the meaning given to that term | 14 | | under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 15 | | "Seller" has the meaning given to that term under Section | 16 | | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | 17 | | "Telecommunications carrier
providing local exchange | 18 | | service" includes, without otherwise limiting the
meaning of | 19 | | the term, telecommunications carriers which are purely mutual
| 20 | | concerns, having no rates or charges for services, but paying | 21 | | the operating
expenses by assessment upon the members of such a | 22 | | company and no other
person.
| 23 | | "Wireless carrier" has the meaning given to that term under | 24 | | Section 10 of the Wireless Emergency Telephone Safety Act. | 25 | | (f) Interconnected VoIP service providers, sellers of | 26 | | prepaid wireless telecommunications service, and wireless |
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| 1 | | carriers in Illinois shall collect and remit assessments | 2 | | determined in accordance with this Section in a competitively | 3 | | neutral manner in the same manner as a telecommunications | 4 | | carrier providing local exchange service. However, the | 5 | | assessment imposed on consumers of prepaid wireless | 6 | | telecommunications service shall be collected by the seller | 7 | | from the consumer and imposed per retail transaction as a | 8 | | percentage of that retail transaction on all retail | 9 | | transactions occurring in this State. The assessment on | 10 | | subscribers of wireless carriers and consumers of prepaid | 11 | | wireless telecommunications service shall not be imposed or | 12 | | collected prior to June 1, 2016. | 13 | | Sellers of prepaid wireless telecommunications service | 14 | | shall remit the assessments to the Department of Revenue on the | 15 | | same form and in the same manner which they remit the fee | 16 | | collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | 17 | | the purposes of display on the consumers' receipts, the rates | 18 | | of the fee collected under the Prepaid Wireless 9-1-1 Surcharge | 19 | | Act and the assessment under this Section may be combined. In | 20 | | administration and enforcement of this Section, the provisions | 21 | | of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | 22 | | Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | 23 | | Section 15 and subsections (c) and (e) of Section 20 of the | 24 | | Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 | 25 | | ( the effective date of Public Act 99-6) this amendatory Act of | 26 | | the 99th General Assembly , the seller shall be permitted to |
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| 1 | | deduct and retain 3% of the assessments that are collected by | 2 | | the seller from consumers and that are remitted and timely | 3 | | filed with the Department) that are not inconsistent with this | 4 | | Section, shall apply, as far as practicable, to the subject | 5 | | matter of this Section to the same extent as if those | 6 | | provisions were included in this Section. The Department shall | 7 | | deposit all assessments and penalties collected under this | 8 | | Section into the Illinois Telecommunications Access | 9 | | Corporation Fund, a special fund created in the State treasury. | 10 | | On or before the 25th day of each calendar month, the | 11 | | Department shall prepare and certify to the Comptroller the | 12 | | amount available to the Commission for distribution out of the | 13 | | Illinois Telecommunications Access Corporation Fund. The | 14 | | amount certified shall be the amount (not including credit | 15 | | memoranda) collected during the second preceding calendar | 16 | | month by the Department, plus an amount the Department | 17 | | determines is necessary to offset any amounts which were | 18 | | erroneously paid to a different taxing body or fund. The amount | 19 | | paid to the Illinois Telecommunications Access Corporation | 20 | | Fund shall not include any amount equal to the amount of | 21 | | refunds made during the second preceding calendar month by the | 22 | | Department to retailers under this Section or any amount that | 23 | | the Department determines is necessary to offset any amounts | 24 | | which were payable to a different taxing body or fund but were | 25 | | erroneously paid to the Illinois Telecommunications Access | 26 | | Corporation Fund. The Commission shall distribute all the funds |
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| 1 | | to the Illinois Telecommunications Access Corporation and the | 2 | | funds may only be used in accordance with the provisions of | 3 | | this Section. The Department shall deduct 2% of all amounts | 4 | | deposited in the Illinois Telecommunications Access | 5 | | Corporation Fund during every year of remitted assessments. Of | 6 | | the 2% deducted by the Department, one-half shall be | 7 | | transferred into the Tax Compliance and Administration Fund to | 8 | | reimburse the Department for its direct costs of administering | 9 | | the collection and remittance of the assessment. The remaining | 10 | | one-half shall be transferred into the Public Utilities Fund to | 11 | | reimburse the Commission for its costs of distributing to the | 12 | | Illinois Telecommunications Access Corporation the amount | 13 | | certified by the Department for distribution. The amount to be | 14 | | charged or assessed under subsections (c) and (f) is not | 15 | | imposed on a provider or the consumer for wireless Lifeline | 16 | | service where the consumer does not pay the provider for the | 17 | | service. Where the consumer purchases from the provider | 18 | | optional minutes, texts, or other services in addition to the | 19 | | federally funded Lifeline benefit, a consumer must pay the | 20 | | charge or assessment, and it must be collected by the seller | 21 | | according to subsection (f). | 22 | | Interconnected VoIP services shall not be considered an | 23 | | intrastate telecommunications service for the purposes of this | 24 | | Section in a manner inconsistent with federal law or Federal | 25 | | Communications Commission regulation. | 26 | | (g) The provisions of this Section are severable under |
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| 1 | | Section 1.31 of the Statute on Statutes. | 2 | | (h) The Commission may adopt rules necessary to implement | 3 | | this Section. | 4 | | (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; revised | 5 | | 10-21-15.)
| 6 | | Section 10. The Hearing Instrument Consumer Protection Act | 7 | | is amended by changing Section 8 as follows:
| 8 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
| 9 | | (Section scheduled to be repealed on January 1, 2026)
| 10 | | Sec. 8. Applicant qualifications; examination.
| 11 | | (a) In order to protect persons who are deaf or hard of | 12 | | hearing, the Department
shall authorize or shall conduct an | 13 | | appropriate examination, which may be the International | 14 | | Hearing Society's licensure examination, for persons
who | 15 | | dispense, test, select, recommend, fit, or service hearing
| 16 | | instruments. The frequency of holding these examinations shall
| 17 | | be determined by the Department by rule. Those
who successfully | 18 | | pass such an examination shall be issued a license
as a hearing | 19 | | instrument dispenser, which shall be effective for
a 2-year | 20 | | period.
| 21 | | (b) Applicants shall be:
| 22 | | (1) at least 18 years of age;
| 23 | | (2) of good moral character;
| 24 | | (3) the holder of an associate's degree or the |
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| 1 | | equivalent;
| 2 | | (4) free of contagious or infectious disease; and
| 3 | | (5) a citizen or person who has the status as a legal | 4 | | alien.
| 5 | | Felony convictions of the applicant and findings against | 6 | | the applicant
involving matters set forth in Sections 17 and 18 | 7 | | shall be considered in
determining moral character, but such a | 8 | | conviction or finding shall not make an
applicant ineligible to | 9 | | register for examination.
| 10 | | (c) Prior to engaging in the practice of fitting, | 11 | | dispensing, or servicing
hearing instruments, an applicant
| 12 | | shall demonstrate, by means of written
and practical | 13 | | examinations, that such person is qualified to
practice the | 14 | | testing, selecting, recommending, fitting, selling, or
| 15 | | servicing of hearing instruments as defined in this
Act. An | 16 | | applicant must obtain a license within 12
months after passing | 17 | | either the written or practical examination, whichever is | 18 | | passed first, or must take and
pass those examinations again in | 19 | | order to be eligible to receive a license.
| 20 | | The Department shall, by rule, determine the conditions | 21 | | under which an
individual is examined.
| 22 | | (d) Proof of having met the minimum requirements of | 23 | | continuing education
as determined by the Board shall be | 24 | | required of all license renewals.
Pursuant to rule, the | 25 | | continuing education requirements may, upon petition to
the | 26 | | Board,
be waived in whole or in part if the hearing instrument |
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| 1 | | dispenser
can demonstrate
that he or she served in the Coast | 2 | | Guard or Armed Forces, had an extreme
hardship, or obtained his | 3 | | or her license by examination or
endorsement within
the | 4 | | preceding renewal period.
| 5 | | (e) Persons applying for an initial
license
must | 6 | | demonstrate having earned, at a minimum, an associate degree or | 7 | | its equivalent from an
accredited institution of higher | 8 | | education that is recognized by the U.S. Department of | 9 | | Education or that meets the U.S. Department of Education | 10 | | equivalency as determined through a National Association of | 11 | | Credential Evaluation Services (NACES) member, and meet the | 12 | | other requirements of
this Section. In addition, the applicant | 13 | | must demonstrate the successful
completion of (1) 12 semester | 14 | | hours or 18 quarter hours of academic undergraduate
course work | 15 | | in an accredited institution consisting of 3 semester hours of
| 16 | | anatomy and physiology of the speech and hearing mechanism, 3 | 17 | | semester hours of
hearing science, 3 semester hours of | 18 | | introduction to audiology, and 3 semester
hours of aural | 19 | | rehabilitation, or the quarter hour equivalent or (2) an | 20 | | equivalent program as determined by the Department that is | 21 | | consistent with the scope of practice of a hearing instrument | 22 | | dispenser as defined in Section 3 of this Act . Persons
licensed | 23 | | before January 1, 2003 who
have a valid license on that date | 24 | | may have their license renewed
without meeting the requirements | 25 | | of this subsection.
| 26 | | (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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