Full Text of HB4029 100th General Assembly
HB4029 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4029 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Telephone System Act. Provides that a monthly surcharge of $0.87 charged by each wireless carrier per CMRS connection that has a telephone number within an area code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State does not apply to local, municipal, or State police or fire departments who are customers of wireless carriers.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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Act is amended by | 5 | | changing Section 20 as follows: | 6 | | (50 ILCS 750/20) | 7 | | (Section scheduled to be repealed on July 1, 2017) | 8 | | Sec. 20.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. | 2 | | (2) Each wireless carrier shall impose and collect a | 3 | | monthly surcharge of $0.87 per CMRS connection that either | 4 | | has a telephone number within an area code assigned to | 5 | | Illinois by the North American Numbering Plan | 6 | | Administrator or has a billing address in this State. This | 7 | | monthly surcharge shall not apply to local, municipal, or | 8 | | State police or fire departments who are customers of | 9 | | wireless carriers. | 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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