Full Text of HB1212 98th General Assembly
HB1212 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1212 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
| 50 ILCS 751/10 | | 50 ILCS 751/17 | | 50 ILCS 751/70 | |
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Amends the Wireless Emergency Telephone Safety Act. Defines "Trust Fund". Provides that beginning April 1, 2013, (now, January 1, 2008) the monthly surcharge imposed on wireless carriers shall be $1.00, rather than $0.73. Removes provisions concerning amounts per surcharge to be deposited into specified funds. Requires the State Treasurer to deposit $0.80 per surcharge into the Wireless Service Emergency Fund for distribution to the 9-1-1 authorities and $0.18 per surcharge into the NG9-1-1 Service Equalization Trust Fund. Provides that 1% of the amounts collected may be distributed to the Illinois Commerce Commission to cover administrative costs. Further provides that in the case of a delinquent report, the Illinois Commerce Commission may impose a penalty on a carrier equal to the product of $0.1 (now, 1/2˘) and the number of subscribers served by the carrier, and that any penalty imposed shall be deposited into the NG9-1-1 Service Equalization Trust Fund. Provides that the Act is repealed on January 1, 2019 (now, April 1, 2013). Effective April 1, 2013.
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wireless Emergency Telephone Safety Act is | 5 | | amended by changing Sections 10, 17, and 70 as follows:
| 6 | | (50 ILCS 751/10)
| 7 | | (Section scheduled to be repealed on April 1, 2013)
| 8 | | Sec. 10. Definitions. In this Act:
| 9 | | "Emergency telephone system board"
means a board appointed | 10 | | by the corporate authorities of any county or
municipality that | 11 | | provides
for the management and operation of a 9-1-1 system | 12 | | within the scope of the
duties and powers
prescribed by the | 13 | | Emergency Telephone System Act.
| 14 | | "Master street address guide" means the computerized | 15 | | geographical database
that consists of all street and address | 16 | | data within a 9-1-1 system.
| 17 | | "Mobile telephone number" or "MTN" shall mean the telephone | 18 | | number
assigned to a wireless telephone at the time of initial | 19 | | activation.
| 20 | | "Prepaid wireless telecommunications service" means | 21 | | wireless telecommunications service that allows a caller to | 22 | | dial 9-1-1 to access the 9-1-1 system, which service must be | 23 | | paid for in advance and is sold in predetermined units or |
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| 1 | | dollars which the amount declines with use in a known amount.
| 2 | | "Public safety agency" means a functional division of a | 3 | | public agency that
provides fire fighting, police, medical, or | 4 | | other emergency services. For the
purpose of providing wireless | 5 | | service to users of 9-1-1 emergency services, as
expressly | 6 | | provided for in this Act, the Department of State Police may be
| 7 | | considered a public safety agency.
| 8 | | "Qualified governmental entity"
means a unit of local | 9 | | government authorized to provide 9-1-1 services
pursuant to the | 10 | | Emergency Telephone System Act where no emergency telephone
| 11 | | system board exists. | 12 | | "Remit period" means the billing period, one month in | 13 | | duration, for which a wireless carrier remits a surcharge and | 14 | | provides subscriber information by zip code to the Illinois | 15 | | Commerce Commission, in accordance with Section 17 of this Act.
| 16 | | "Statewide wireless emergency 9-1-1 system" means all | 17 | | areas of the State
where an emergency telephone system board | 18 | | or, in the absence of an emergency
telephone system board, a | 19 | | qualified governmental entity has not declared its
intention | 20 | | for one or more of its public safety answering points to serve | 21 | | as a
primary wireless 9-1-1 public safety answering point for | 22 | | its jurisdiction.
The operator of the statewide wireless | 23 | | emergency 9-1-1 system shall be the
Department of State Police.
| 24 | | "Trust Fund" means the NG 9-1-1 Service Equalization Trust | 25 | | Fund. | 26 | | "Wireless carrier" means a provider of two-way cellular, |
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| 1 | | broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial | 2 | | Mobile Radio Service (CMRS),
Wireless Communications Service | 3 | | (WCS), or other Commercial Mobile Radio Service
(CMRS), as | 4 | | defined by the Federal Communications Commission, offering | 5 | | radio
communications that may provide fixed, mobile, radio | 6 | | location, or satellite
communication services to individuals | 7 | | or businesses within its assigned
spectrum block and | 8 | | geographical area or that offers real-time, two-way voice
| 9 | | service that is interconnected with the public switched | 10 | | network, including a
reseller of such service.
| 11 | | "Wireless enhanced 9-1-1" means the ability to relay the | 12 | | telephone number
of the originator of a 9-1-1 call and location | 13 | | information from any mobile handset or text telephone
device | 14 | | accessing the wireless system to the designated wireless public | 15 | | safety
answering point as set forth in the order of the Federal | 16 | | Communications
Commission, FCC Docket No. 94-102, adopted June | 17 | | 12, 1996, with an effective
date of October 1, 1996, and any | 18 | | subsequent amendment thereto.
| 19 | | "Wireless public safety answering point" means the | 20 | | functional division of
an emergency telephone system board, | 21 | | qualified governmental entity, or the
Department of State | 22 | | Police accepting wireless 9-1-1 calls.
| 23 | | "Wireless subscriber" means an individual or entity to whom | 24 | | a wireless
service account or number has been assigned by a | 25 | | wireless carrier, other than an account or number associated | 26 | | with prepaid wireless telecommunication service.
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| 1 | | (Source: P.A. 97-463, eff. 1-1-12.)
| 2 | | (50 ILCS 751/17)
| 3 | | (Section scheduled to be repealed on April 1, 2013)
| 4 | | Sec. 17. Wireless carrier surcharge.
| 5 | | (a) Except as provided in Sections 45 and 80, each wireless
| 6 | | carrier shall impose a monthly wireless carrier surcharge per | 7 | | CMRS connection
that either has a telephone number within an | 8 | | area code assigned to Illinois by
the North American Numbering | 9 | | Plan Administrator or has a billing address in
this State. No
| 10 | | wireless carrier
shall impose the surcharge authorized by this
| 11 | | Section upon any subscriber who is subject to the surcharge | 12 | | imposed by a unit
of local
government
pursuant to Section 45.
| 13 | | Prior to January 1, 2008 (the effective date of Public Act | 14 | | 95-698), the surcharge amount shall be the amount set by the | 15 | | Wireless Enhanced 9-1-1 Board. Beginning on April 1, 2013 | 16 | | January 1, 2008 (the effective date of Public Act 95-698) , the | 17 | | monthly surcharge imposed under this Section shall be $1.00 | 18 | | $0.73 per CMRS connection. The wireless carrier that provides | 19 | | wireless service to the
subscriber shall collect the surcharge
| 20 | | from the subscriber.
For mobile telecommunications services | 21 | | provided on and after August 1, 2002,
any surcharge imposed | 22 | | under this Act shall be imposed based upon the
municipality or | 23 | | county that encompasses
the customer's place of primary use as | 24 | | defined in the Mobile Telecommunications
Sourcing Conformity | 25 | | Act.
The surcharge shall be stated as a separate item on the
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| 1 | | subscriber's monthly bill. The wireless carrier shall begin | 2 | | collecting the
surcharge on bills issued within 90 days after | 3 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 4 | | surcharge. State and local taxes shall not
apply to the | 5 | | wireless carrier surcharge.
| 6 | | (b) Except as provided in Sections 45 and 80, a wireless | 7 | | carrier shall, within 45
days of collection, remit, either by | 8 | | check or by electronic funds transfer, to
the State Treasurer | 9 | | the amount of the wireless carrier surcharge collected
from | 10 | | each subscriber.
Of the amounts remitted under this subsection | 11 | | prior to January 1, 2008 (the effective date of Public Act | 12 | | 95-698), and for surcharges imposed before January 1, 2008 (the | 13 | | effective date of Public Act 95-698)
but remitted after January | 14 | | 1, 2008 , the State
Treasurer shall deposit $0.80 per surcharge | 15 | | one-third into the Wireless Carrier Reimbursement Fund
and | 16 | | two-thirds into the Wireless Service Emergency Fund for | 17 | | distribution to the 9-1-1 authorities, . For surcharges | 18 | | collected and remitted on or after January 1, 2008 (the | 19 | | effective date of Public Act 95-698), $0.1475 per surcharge | 20 | | collected shall be deposited into the Wireless Carrier | 21 | | Reimbursement Fund, and $0.18 $0.5825 per surcharge collected | 22 | | shall be deposited into the Trust Fund Wireless Service | 23 | | Emergency Fund . 1% of that Of the amounts deposited into the | 24 | | Wireless Carrier Reimbursement Fund under this subsection, | 25 | | $0.01 per surcharge collected may be distributed to the | 26 | | carriers to cover their administrative costs. Of the amounts |
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| 1 | | deposited into the Wireless Service Emergency Fund under this | 2 | | subsection, $0.01 per surcharge collected may be disbursed to | 3 | | the Illinois Commerce Commission to cover its administrative | 4 | | costs.
| 5 | | (c)
The first such remittance by wireless carriers shall | 6 | | include the number
of wireless subscribers by zip code, and the | 7 | | 9-digit zip code if currently being used or
later implemented | 8 | | by the carrier, that shall be the means by which the
Illinois | 9 | | Commerce Commission shall determine distributions to the 9-1-1 | 10 | | authorities from
the Wireless Service Emergency Fund.
This | 11 | | information shall be updated no less often than every year , and | 12 | | the resulting data shall be shared with the Illinois Next | 13 | | Generation 9-1-1 Network (INGN) . Wireless
carriers are not | 14 | | required to remit surcharge moneys that are billed to
| 15 | | subscribers but not yet collected. Any carrier that fails to | 16 | | provide the zip code information required under this subsection | 17 | | (c) shall be subject to the penalty set forth in subsection (f) | 18 | | of this Section.
| 19 | | (d) Any funds collected under the Prepaid Wireless 9-1-1 | 20 | | Surcharge Act shall be distributed using a prorated method | 21 | | based upon zip code information collected from post-paid | 22 | | wireless carriers under subsection (c) of this Section. | 23 | | (e) If before midnight on the last day of the third | 24 | | calendar month after the closing date of the remit period a | 25 | | wireless carrier does not remit the surcharge or any portion | 26 | | thereof required under this Section, then the surcharge or |
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| 1 | | portion thereof shall be deemed delinquent until paid in full, | 2 | | and the Illinois Commerce Commission may impose a penalty | 3 | | against the carrier in an amount equal to the greater of: | 4 | | (1) $25 for each month or portion of a month from the | 5 | | time an amount becomes delinquent until the amount is paid | 6 | | in full; or | 7 | | (2) an amount equal to the product of 1% and the sum of | 8 | | all delinquent amounts for each month or portion of a month | 9 | | that the delinquent amounts remain unpaid. | 10 | | A penalty imposed in accordance with this subsection (e) | 11 | | for a portion of a month during which the carrier provides the | 12 | | number of subscribers by zip code as required under subsection | 13 | | (c) of this Section shall be prorated for each day of that | 14 | | month during which the carrier had not provided the number of | 15 | | subscribers by zip code as required under subsection (c) of | 16 | | this Section. Any penalty imposed under this subsection (e) is | 17 | | in addition to the amount of the delinquency and is in addition | 18 | | to any other penalty imposed under this Section. | 19 | | (f) If, before midnight on the last day of the third | 20 | | calendar month after the closing date of the remit period, a | 21 | | wireless carrier does not provide the number of subscribers by | 22 | | zip code as required under subsection (c) of this Section, then | 23 | | the report is deemed delinquent and the Illinois Commerce | 24 | | Commission may impose a penalty against the carrier in an | 25 | | amount equal to the greater of: | 26 | | (1) $25 for each month or portion of a month that the |
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| 1 | | report is delinquent; or | 2 | | (2) an amount equal to the product of $0.1 1/2˘ and the | 3 | | number of subscribers served by the wireless carrier. | 4 | | A penalty imposed in accordance with this subsection (f) | 5 | | for a portion of a month during which the carrier pays the | 6 | | delinquent amount in full shall be prorated for each day of | 7 | | that month that the delinquent amount was paid in full. Any | 8 | | penalty imposed under this subsection (f) is in addition to any | 9 | | other penalty imposed under this Section. A penalty imposed | 10 | | under this subsection shall be deposited into the Trust Fund. | 11 | | (g) The Illinois Commerce Commission may enforce the | 12 | | collection of any delinquent amount and any penalty due and | 13 | | unpaid under this Section by legal action or in any other | 14 | | manner by which the collection of debts due the State of | 15 | | Illinois may be enforced under the laws of this State. The | 16 | | Executive Director of the Illinois Commerce Commission, or his | 17 | | or her designee, may excuse the payment of any penalty imposed | 18 | | under this Section if the Executive Director, or his or her | 19 | | designee, determines that the enforcement of this penalty is | 20 | | unjust. | 21 | | (h)
Notwithstanding any provision of law to the contrary,
| 22 | | nothing shall impair the right of wireless carriers to recover
| 23 | | compliance costs for all emergency communications services | 24 | | that are not reimbursed out of the Wireless Carrier | 25 | | Reimbursement Fund
directly from their wireless subscribers | 26 | | via line-item charges on the wireless subscriber's
bill. Those |
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| 1 | | compliance costs include all costs
incurred by wireless | 2 | | carriers in complying with local, State,
and federal regulatory | 3 | | or legislative mandates that require the
transmission and | 4 | | receipt of emergency communications to and
from the general | 5 | | public, including, but not limited to, E-911.
| 6 | | (i)
The Auditor General shall conduct, on an annual basis, | 7 | | an audit of the Wireless Service Emergency Fund and the | 8 | | Wireless Carrier Reimbursement Fund for compliance with the | 9 | | requirements of this Act. The audit shall include, but not be | 10 | | limited to, the following determinations:
| 11 | | (1) Whether the Commission is maintaining detailed | 12 | | records of all receipts and disbursements from the Wireless | 13 | | Carrier Emergency Fund and the Wireless Carrier | 14 | | Reimbursement Fund.
| 15 | | (2) Whether the Commission's administrative costs | 16 | | charged to the funds are adequately documented and are | 17 | | reasonable.
| 18 | | (3) Whether the Commission's procedures for making | 19 | | grants and providing reimbursements in accordance with the | 20 | | Act are adequate.
| 21 | | (4) The status of the implementation of wireless 9-1-1 | 22 | | and E9-1-1 services in Illinois.
| 23 | | The Commission, the Department of State Police, and any | 24 | | other entity or person that may have information relevant to | 25 | | the audit shall cooperate fully and promptly with the Office of | 26 | | the Auditor General in conducting the audit. The Auditor |
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| 1 | | General shall commence the audit as soon as possible and | 2 | | distribute the report upon completion in accordance with | 3 | | Section 3-14 of the Illinois State Auditing Act.
| 4 | | (Source: P.A. 97-463, eff. 1-1-12.)
| 5 | | (50 ILCS 751/70)
| 6 | | (Section scheduled to be repealed on April 1, 2013)
| 7 | | Sec. 70. Repealer. This Act is repealed on January 1, 2019 | 8 | | April 1, 2013 .
| 9 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08.)
| 10 | | Section 99. Effective date. This Act takes effect April 1, | 11 | | 2013.
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