Full Text of SB1564 100th General Assembly
SB1564 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1564 Introduced 2/9/2017, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Telephone System Act. Provides that a monthly surcharge of $0.87 charged by telecommunications carriers shall not apply to local, municipal, or State police or fire departments who use cell phones owned by that department for communication related to the response of emergencies.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Emergency Telephone System Act is amended by | 5 | | changing Section 20 as follows: | 6 | | (50 ILCS 750/20) | 7 | | (Section scheduled to be repealed on July 1, 2017) | 8 | | Sec. 20. Statewide surcharge. | 9 | | (a) On and after January 1, 2016, and except with respect | 10 | | to those customers who are subject to surcharges as provided in | 11 | | Sections 15.3 and 15.3a of this Act, a monthly surcharge shall | 12 | | be imposed on all customers of telecommunications carriers and | 13 | | wireless carriers as follows: | 14 | | (1) Each telecommunications carrier shall impose a | 15 | | monthly surcharge of $0.87 per network connection; | 16 | | provided, however, the monthly surcharge shall not apply to | 17 | | a network connection provided for use with pay telephone | 18 | | services. Where multiple voice grade communications | 19 | | channels are connected between the subscriber's premises | 20 | | and a public switched network through private branch | 21 | | exchange (PBX) or centrex type service there shall be | 22 | | imposed 5 such surcharges per network connection for both | 23 | | regular service and advanced service provisioned trunk |
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| 1 | | lines. The monthly surcharge shall not apply local, | 2 | | municipal, or State police or fire departments who use cell | 3 | | phones owned by that department for communication related | 4 | | to the response of emergencies. | 5 | | (2) Each wireless carrier shall impose and collect a | 6 | | monthly surcharge of $0.87 per CMRS connection that either | 7 | | has a telephone number within an area code assigned to | 8 | | Illinois by the North American Numbering Plan | 9 | | Administrator or has a billing address in this State. | 10 | | (b) State and local taxes shall not apply to the surcharges | 11 | | imposed under this Section. | 12 | | (c) The surcharges imposed by this Section shall be stated | 13 | | as a separately stated item on subscriber bills. | 14 | | (d) The telecommunications carrier collecting the | 15 | | surcharge shall also be entitled to deduct 3% of the gross | 16 | | amount of surcharge collected to reimburse the | 17 | | telecommunications carrier for the expense of accounting and | 18 | | collecting the surcharge. On and after July 1, 2022, the | 19 | | wireless carrier collecting a surcharge under this Section | 20 | | shall be entitled to deduct up to 3% of the gross amount of the | 21 | | surcharge collected to reimburse the wireless carrier for the | 22 | | expense of accounting and collecting the surcharge. | 23 | | (e) Surcharges imposed under this Section shall be | 24 | | collected by the carriers and, within 30 days of collection, | 25 | | remitted, either by check or electronic funds transfer, to the | 26 | | Department for deposit into the Statewide 9-1-1 Fund. Carriers |
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| 1 | | are not required to remit surcharge moneys that are billed to | 2 | | subscribers but not yet collected. | 3 | | The first remittance by wireless carriers shall include the | 4 | | number of subscribers by zip code, and the 9-digit zip code if | 5 | | currently being used or later implemented by the carrier, that | 6 | | shall be the means by which the Department shall determine | 7 | | distributions from the Statewide 9-1-1 Fund. This information | 8 | | shall be updated at least once each year. Any carrier that | 9 | | fails to provide the zip code information required under this | 10 | | subsection (e) shall be subject to the penalty set forth in | 11 | | subsection (g) of this Section. | 12 | | (f) If, within 5 business days it is due under subsection | 13 | | (e) of this Section, a carrier does not remit the surcharge or | 14 | | any portion thereof required under this Section, then the | 15 | | surcharge or portion thereof shall be deemed delinquent until | 16 | | paid in full, and the Department may impose a penalty against | 17 | | the carrier in an amount equal to the greater of: | 18 | | (1) $25 for each month or portion of a month from the | 19 | | time an amount becomes delinquent until the amount is paid | 20 | | in full; or | 21 | | (2) an amount equal to the product of 1% and the sum of | 22 | | all delinquent amounts for each month or portion of a month | 23 | | that the delinquent amounts remain unpaid. | 24 | | A penalty imposed in accordance with this subsection (f) | 25 | | for a portion of a month during which the carrier pays the | 26 | | delinquent amount in full shall be prorated for each day of |
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| 1 | | that month that the delinquent amount was paid in full. Any | 2 | | penalty imposed under this subsection (f) is in addition to the | 3 | | amount of the delinquency and is in addition to any other | 4 | | penalty imposed under this Section. | 5 | | (g) If, within 5 business days after it is due, a wireless | 6 | | carrier does not provide the number of subscribers by zip code | 7 | | as required under subsection (e) of this Section, then the | 8 | | report is deemed delinquent and the Department may impose a | 9 | | penalty against the carrier in an amount equal to the greater | 10 | | of: | 11 | | (1) $25 for each month or portion of a month that the | 12 | | report is delinquent; or | 13 | | (2) an amount equal to the product of $0.01 and the | 14 | | number of subscribers served by the carrier. | 15 | | A penalty imposed in accordance with this subsection (g) | 16 | | for a portion of a month during which the carrier provides the | 17 | | number of subscribers by zip code as required under subsection | 18 | | (e) of this Section shall be prorated for each day of that | 19 | | month during which the carrier had not provided the number of | 20 | | subscribers by zip code as required under subsection (e) of | 21 | | this Section. Any penalty imposed under this subsection (g) is | 22 | | in addition to any other penalty imposed under this Section. | 23 | | (h) A penalty imposed and collected in accordance with | 24 | | subsection (f) or (g) of this Section shall be deposited into | 25 | | the Statewide 9-1-1 Fund for distribution according to Section | 26 | | 30 of this Act. |
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| 1 | | (i) The Department may enforce the collection of any | 2 | | delinquent amount and any penalty due and unpaid under this | 3 | | Section by legal action or in any other manner by which the | 4 | | collection of debts due the State of Illinois may be enforced | 5 | | under the laws of this State. The Department may excuse the | 6 | | payment of any penalty imposed under this Section if the | 7 | | Administrator determines that the enforcement of this penalty | 8 | | is unjust. | 9 | | (j) Notwithstanding any provision of law to the contrary, | 10 | | nothing shall impair the right of wireless carriers to recover | 11 | | compliance costs for all emergency communications services | 12 | | that are not reimbursed out of the Wireless Carrier | 13 | | Reimbursement Fund directly from their wireless subscribers by | 14 | | line-item charges on the wireless subscriber's bill. Those | 15 | | compliance costs include all costs incurred by wireless | 16 | | carriers in complying with local, State, and federal regulatory | 17 | | or legislative mandates that require the transmission and | 18 | | receipt of emergency communications to and from the general | 19 | | public, including, but not limited to, E9-1-1.
| 20 | | (Source: P.A. 99-6, eff. 1-1-16 .)
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