Full Text of HB4668 101st General Assembly
HB4668 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4668 Introduced 2/18/2020, by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: |
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Amends the Mobile Telecommunications Sourcing Conformity Act. Makes changes to the definition of "charges for mobile telecommunications services" to conform to the Code of Federal Regulations (currently, the Code of Federal Regulations as in effect on
June 1, 1999). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mobile Telecommunications Sourcing | 5 | | Conformity Act is amended by changing Section 10 as follows:
| 6 | | (35 ILCS 638/10)
| 7 | | Sec. 10. Definitions. As used in this Act:
| 8 | | "Charges for mobile telecommunications services" means any | 9 | | charge for, or
associated with, the provision of commercial | 10 | | mobile radio service, as defined
in Section 20.3 of Title 47 of | 11 | | the Code of Federal Regulations as in effect on
June 1, 1999 , | 12 | | or any charge for, or associated with, a service provided as an
| 13 | | adjunct to a commercial mobile radio service, that is billed to | 14 | | the customer by
or for the customer's home service provider | 15 | | regardless of whether individual
transmissions originate or | 16 | | terminate within the licensed service area of the
home service | 17 | | provider.
| 18 | | "Customer" means (i) the person or entity that contracts | 19 | | with the home
service provider for mobile telecommunications | 20 | | services or (ii) if the end
user of mobile telecommunications | 21 | | services is not the contracting party, the
end user of the | 22 | | mobile telecommunications services, but this clause (ii)
| 23 | | applies
only for the purpose of determining the place of |
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| 1 | | primary use. "Customer" does
not include (i) a reseller of | 2 | | mobile telecommunications service or (ii) a
serving carrier | 3 | | under an arrangement to serve the customer outside the home
| 4 | | service provider's licensed service area.
| 5 | | "Designated database provider" means a corporation, | 6 | | association, or other
entity representing all the political | 7 | | subdivisions of a State that is:
| 8 | | (i) responsible for providing an electronic database | 9 | | prescribed in
Section 25 if the State has not provided such | 10 | | electronic
database; and
| 11 | | (ii) approved by municipal and county associations or | 12 | | leagues of the State
whose responsibility it would | 13 | | otherwise be to provide such database prescribed
by | 14 | | Sections 116 through 126 of Title 4 of the United States | 15 | | Code.
| 16 | | "Enhanced zip code" means a United States postal zip code | 17 | | of 9 or more
digits.
| 18 | | "Home service provider" means the facilities-based carrier | 19 | | or reseller with
which the customer contracts for the provision | 20 | | of mobile telecommunications
services.
| 21 | | "Licensed service area" means the geographic area in which | 22 | | the home service
provider is authorized by law or contract to | 23 | | provide commercial mobile radio
service to the customer.
| 24 | | "Mobile telecommunications service" means commercial | 25 | | mobile radio service, as
defined in Section 20.3 of Title 47 of | 26 | | the Code of Federal Regulations as in
effect on June 1, 1999.
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| 1 | | "Place of primary use" means the street address | 2 | | representative of where the
customer's use of the mobile | 3 | | telecommunications service primarily occurs, which
must be:
| 4 | | (i) the residential street address or the primary | 5 | | business street address
of the customer; and
| 6 | | (ii) within the licensed service area of the home | 7 | | service provider.
| 8 | | "Prepaid telephone calling services" means the right to | 9 | | purchase exclusively
telecommunications services that must be | 10 | | paid for in advance that enables the
origination of calls using | 11 | | an access number, authorization code, or both,
whether manually | 12 | | or electronically dialed, if the remaining amount of units of
| 13 | | service that have been prepaid is known by the provider of the | 14 | | prepaid service
on a continuous basis.
| 15 | | "Reseller" means a provider who purchases | 16 | | telecommunications services from
another telecommunications | 17 | | service provider and then resells, uses as a
component part of, | 18 | | or integrates the purchased services into a mobile
| 19 | | telecommunications service. "Reseller" does not include a | 20 | | serving carrier with
which a home service provider arranges for | 21 | | the services to its customers
outside the home service | 22 | | provider's licensed service area.
| 23 | | "Serving carrier" means a facilities-based carrier | 24 | | providing mobile
telecommunications service to a customer | 25 | | outside a home service provider's or
reseller's licensed | 26 | | service area.
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| 1 | | "Taxing jurisdiction" means any of the several states, the | 2 | | District of
Columbia, or any territory or possession of the | 3 | | United States, any
municipality, city, county, township, | 4 | | parish, transportation district, or
assessment jurisdiction, | 5 | | or any other political subdivision within the
territorial | 6 | | limits of the United States with the authority to impose a tax,
| 7 | | charge, or fee.
| 8 | | (Source: P.A. 92-474, eff. 8-1-02.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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