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Public Act 098-1167 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wireless Emergency Telephone Safety Act is | ||||
amended by changing Section 17 as follows:
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(50 ILCS 751/17)
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(Section scheduled to be repealed on July 1, 2015)
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Sec. 17. Wireless carrier surcharge.
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(a) Except as provided in Sections 45 and 80, each wireless
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carrier shall impose a monthly wireless carrier surcharge per | ||||
CMRS connection
that either 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. No
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wireless carrier
shall impose the surcharge authorized by this
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Section upon any subscriber who is subject to the surcharge | ||||
imposed by a unit
of local
government
pursuant to Section 45.
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Prior to January 1, 2008 (the effective date of Public Act | ||||
95-698), the surcharge amount shall be the amount set by the | ||||
Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008 | ||||
(the effective date of Public Act 95-698), the monthly | ||||
surcharge imposed under this Section shall be $0.73 per CMRS | ||||
connection. The wireless carrier that provides wireless | ||||
service to the
subscriber shall collect the surcharge
from the |
subscriber.
For mobile telecommunications services provided on | ||
and after August 1, 2002,
any surcharge imposed under this Act | ||
shall be imposed based upon the
municipality or county that | ||
encompasses
the customer's place of primary use as defined in | ||
the Mobile Telecommunications
Sourcing Conformity Act.
The | ||
surcharge shall be stated as a separate item on the
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subscriber's monthly bill. The wireless carrier shall begin | ||
collecting the
surcharge on bills issued within 90 days after | ||
the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||
surcharge. State and local taxes shall not
apply to the | ||
wireless carrier surcharge.
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(b) Except as provided in Sections 45 and 80, a wireless | ||
carrier shall, within 45
days of collection, remit, either by | ||
check or by electronic funds transfer, to
the Illinois Commerce | ||
Commission for deposit with the State Treasurer the amount of | ||
the wireless carrier surcharge collected
from each subscriber.
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Of the amounts remitted under this subsection prior to January | ||
1, 2008 (the effective date of Public Act 95-698), and for | ||
surcharges imposed before January 1, 2008 (the effective date | ||
of Public Act 95-698)
but remitted after January 1, 2008, the | ||
State
Treasurer shall deposit one-third into the Wireless | ||
Carrier Reimbursement Fund
and two-thirds into the Wireless | ||
Service Emergency Fund. For surcharges collected and remitted | ||
on or after January 1, 2008 (the effective date of Public Act | ||
95-698), $0.1475 per surcharge collected shall be deposited | ||
into the Wireless Carrier Reimbursement Fund, and $0.5825 per |
surcharge collected shall be deposited into the Wireless | ||
Service Emergency Fund. For surcharges collected and remitted | ||
on or after July 1, 2014, $0.05 per surcharge collected shall | ||
be deposited into the Wireless Carrier Reimbursement Fund, | ||
$0.66 per surcharge shall be deposited into the Wireless | ||
Service Emergency Fund, and $0.02 per surcharge collected shall | ||
be deposited into the Wireless Service Emergency Fund and | ||
distributed in equal amounts to each County Emergency Telephone | ||
System Board or qualified governmental entity Telephone Boards | ||
in counties with a population under 100,000 according to the | ||
most recent census data which is authorized by the Illinois | ||
Commerce Commission to serve as a primary wireless 9-1-1 public | ||
safety answering point for the county and to provide wireless | ||
9-1-1 service as prescribed by subsection (b) of Section 15 of | ||
this Act, and which does provide such service . Of the amounts | ||
deposited into the Wireless Carrier Reimbursement Fund under | ||
this subsection, $0.01 per surcharge collected may be | ||
distributed to the carriers to cover their administrative | ||
costs. Of the amounts deposited into the Wireless Service | ||
Emergency Fund under this subsection, $0.01 per surcharge | ||
collected may be disbursed to the Illinois Commerce Commission | ||
to cover its administrative costs.
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(c)
The first such remittance by wireless carriers shall | ||
include the number
of wireless subscribers by zip code, and the | ||
9-digit zip code if currently being used or
later implemented | ||
by the carrier, that shall be the means by which the
Illinois |
Commerce Commission shall determine distributions from
the | ||
Wireless Service Emergency Fund.
This information shall be | ||
updated no less often than every year. Wireless
carriers are | ||
not required to remit surcharge moneys that are billed to
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subscribers but not yet collected. Any carrier that fails to | ||
provide the zip code information required under this subsection | ||
(c) shall be subject to the penalty set forth in subsection (f) | ||
of this Section.
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(d) Any funds collected under the Prepaid Wireless 9-1-1 | ||
Surcharge Act shall be distributed using a prorated method | ||
based upon zip code information collected from post-paid | ||
wireless carriers under subsection (c) of this Section. | ||
(e) If before midnight on the last day of the third | ||
calendar month after the closing date of the remit period a | ||
wireless carrier does not remit the surcharge or any portion | ||
thereof required under this Section, then the surcharge or | ||
portion thereof shall be deemed delinquent until paid in full, | ||
and the Illinois Commerce Commission may impose a penalty | ||
against the carrier in an amount equal to the greater of: | ||
(1) $25 for each month or portion of a month from the | ||
time an amount becomes delinquent until the amount is paid | ||
in full; or | ||
(2) an amount equal to the product of 1% and the sum of | ||
all delinquent amounts for each month or portion of a month | ||
that the delinquent amounts remain unpaid. | ||
A penalty imposed in accordance with this subsection (e) |
for a portion of a month during which the carrier provides the | ||
number of subscribers by zip code as required under subsection | ||
(c) of this Section shall be prorated for each day of that | ||
month during which the carrier had not provided the number of | ||
subscribers by zip code as required under subsection (c) of | ||
this Section. Any penalty imposed under this subsection (e) is | ||
in addition to the amount of the delinquency and is in addition | ||
to any other penalty imposed under this Section. | ||
(f) If, before midnight on the last day of the third | ||
calendar month after the closing date of the remit period, a | ||
wireless carrier does not provide the number of subscribers by | ||
zip code as required under subsection (c) of this Section, then | ||
the report is deemed delinquent and the Illinois Commerce | ||
Commission may impose a penalty against the carrier in an | ||
amount equal to the greater of: | ||
(1) $25 for each month or portion of a month that the | ||
report is delinquent; or | ||
(2) an amount equal to the product of 1/2ยข and the | ||
number of subscribers served by the wireless carrier. On | ||
and after July 1, 2014, an amount equal to the product of | ||
$0.01 and the number of subscribers served by the wireless | ||
carrier. | ||
A penalty imposed in accordance with this subsection (f) | ||
for a portion of a month during which the carrier pays the | ||
delinquent amount in full shall be prorated for each day of | ||
that month that the delinquent amount was paid in full. A |
penalty imposed and collected in accordance with subsection (e) | ||
or this subsection (f) shall be deposited into the Wireless | ||
Service Emergency Fund for distribution according to Section 25 | ||
of this Act. Any penalty imposed under this subsection (f) is | ||
in addition to any other penalty imposed under this Section. | ||
(g) The Illinois Commerce Commission may enforce the | ||
collection of any delinquent amount and any penalty due and | ||
unpaid under this Section by legal action or in any other | ||
manner by which the collection of debts due the State of | ||
Illinois may be enforced under the laws of this State. The | ||
Executive Director of the Illinois Commerce Commission, or his | ||
or her designee, may excuse the payment of any penalty imposed | ||
under this Section if the Executive Director, or his or her | ||
designee, determines that the enforcement of this penalty is | ||
unjust. | ||
(h)
Notwithstanding any provision of law to the contrary,
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nothing shall impair the right of wireless carriers to recover
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compliance costs for all emergency communications services | ||
that are not reimbursed out of the Wireless Carrier | ||
Reimbursement Fund
directly from their wireless subscribers | ||
via line-item charges on the wireless subscriber's
bill. Those | ||
compliance costs include all costs
incurred by wireless | ||
carriers in complying with local, State,
and federal regulatory | ||
or legislative mandates that require the
transmission and | ||
receipt of emergency communications to and
from the general | ||
public, including, but not limited to, E-911.
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(i)
The Auditor General shall conduct, on an annual basis, | ||
an audit of the Wireless Service Emergency Fund and the | ||
Wireless Carrier Reimbursement Fund for compliance with the | ||
requirements of this Act. The audit shall include, but not be | ||
limited to, the following determinations:
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(1) Whether the Commission is maintaining detailed | ||
records of all receipts and disbursements from the Wireless | ||
Carrier Emergency Fund and the Wireless Carrier | ||
Reimbursement Fund.
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(2) Whether the Commission's administrative costs | ||
charged to the funds are adequately documented and are | ||
reasonable.
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(3) Whether the Commission's procedures for making | ||
grants and providing reimbursements in accordance with the | ||
Act are adequate.
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(4) The status of the implementation of wireless 9-1-1 | ||
and E9-1-1 services in Illinois.
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The Commission, the Department of State Police, and any | ||
other entity or person that may have information relevant to | ||
the audit shall cooperate fully and promptly with the Office of | ||
the Auditor General in conducting the audit. The Auditor | ||
General shall commence the audit as soon as possible and | ||
distribute the report upon completion in accordance with | ||
Section 3-14 of the Illinois State Auditing Act.
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(Source: P.A. 97-463, eff. 1-1-12; 98-634, eff. 6-6-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |