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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wireless Emergency Telephone Safety Act is | ||||||
5 | amended by changing Sections 5, 10, 17, 35, and 70 as follows:
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6 | (50 ILCS 751/5)
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7 | (Section scheduled to be repealed on April 1, 2008)
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8 | Sec. 5. Purpose. The General Assembly finds and declares it | ||||||
9 | is in the
public interest to promote the use of wireless 9-1-1 | ||||||
10 | and wireless enhanced
9-1-1 (E9-1-1) service in order to save | ||||||
11 | lives and protect the property of the
citizens of the State of | ||||||
12 | Illinois.
| ||||||
13 | Wireless carriers are required by the Federal | ||||||
14 | Communications Commission (FCC)
to provide E9-1-1 service in | ||||||
15 | the form of automatic location identification and
automatic | ||||||
16 | number identification pursuant to policies set forth by the | ||||||
17 | FCC.
| ||||||
18 | Public safety agencies and wireless
carriers are | ||||||
19 | encouraged to work together to provide emergency access to
| ||||||
20 | wireless 9-1-1 and
wireless E9-1-1 service. Public safety | ||||||
21 | agencies and wireless
carriers operating wireless 9-1-1 and | ||||||
22 | wireless E9-1-1 systems require adequate
funding to
recover the | ||||||
23 | costs of designing, purchasing, installing, testing, and |
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1 | operating
enhanced facilities,
systems, and services necessary | ||||||
2 | to comply with the wireless E9-1-1 requirements
mandated by
the | ||||||
3 | Federal Communications Commission and to maximize the | ||||||
4 | availability of
wireless E9-1-1 services throughout
the State | ||||||
5 | of
Illinois.
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6 | The revenues generated by the wireless carrier surcharge | ||||||
7 | enacted by this Act
are
required to fund the efforts of the | ||||||
8 | wireless carriers, emergency telephone
system boards,
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9 | qualified governmental entities, and the Department of State | ||||||
10 | Police to improve
the public health,
safety, and welfare and to | ||||||
11 | serve a public purpose by providing emergency
telephone
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12 | assistance
through wireless communications.
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13 | It is the intent of the General Assembly to:
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14 | (1) establish and implement a cohesive statewide | ||||||
15 | emergency
telephone number that will provide wireless | ||||||
16 | telephone users with rapid
direct access to public safety | ||||||
17 | agencies by dialing the telephone number 9-1-1;
| ||||||
18 | (2) encourage wireless carriers and public
safety | ||||||
19 | agencies to provide E9-1-1 services that will assist public | ||||||
20 | safety
agencies in determining the caller's approximate | ||||||
21 | location and wireless
telephone number;
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22 | (3) grant authority to public safety agencies not | ||||||
23 | already in possession of
the authority to finance the cost | ||||||
24 | of installing and operating wireless 9-1-1
systems and | ||||||
25 | reimbursing wireless carriers for costs incurred to | ||||||
26 | provide
wireless E9-1-1 services; and
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1 | (4) provide for a reasonable fee on wireless telephone | ||||||
2 | service
subscribers to accomplish these purposes and | ||||||
3 | provide for the enforcement and collection of such fees .
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4 | (Source: P.A. 91-660, eff. 12-22-99 .)
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5 | (50 ILCS 751/10)
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6 | (Section scheduled to be repealed on April 1, 2008)
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7 | Sec. 10. Definitions. In this Act:
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8 | "Active prepaid wireless telephone" means a prepaid | ||||||
9 | wireless telephone
that has been used or activated by the | ||||||
10 | customer during the month to complete a
telephone call for | ||||||
11 | which the customer's card or account was decremented.
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12 | "Emergency telephone system board"
means a board appointed | ||||||
13 | by the corporate authorities of any county or
municipality that | ||||||
14 | provides
for the management and operation of a 9-1-1 system | ||||||
15 | within the scope of the
duties and powers
prescribed by the | ||||||
16 | Emergency Telephone System Act.
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17 | "Master street address guide" means the computerized | ||||||
18 | geographical database
that consists of all street and address | ||||||
19 | data within a 9-1-1 system.
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20 | "Mobile telephone number" or "MTN" shall mean the telephone | ||||||
21 | number
assigned to a wireless telephone at the time of initial | ||||||
22 | activation.
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23 | "Prepaid wireless telephone service" means wireless | ||||||
24 | telephone service
which is activated by payment in advance of a | ||||||
25 | finite dollar amount or for a
finite set of minutes and which, |
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1 | unless an additional finite dollar amount or
finite set of | ||||||
2 | minutes is paid in advance, terminates either (i) upon
use by a | ||||||
3 | customer and delivery by the wireless carrier of an agreed-upon | ||||||
4 | amount
of service corresponding to the total dollar amount paid | ||||||
5 | in advance, or within
a certain period of time following | ||||||
6 | initial purchase or activation.
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7 | "Public safety agency" means a functional division of a | ||||||
8 | public agency that
provides fire fighting, police, medical, or | ||||||
9 | other emergency services. For the
purpose of providing wireless | ||||||
10 | service to users of 9-1-1 emergency services, as
expressly | ||||||
11 | provided for in this Act, the Department of State Police may be
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12 | considered a public safety agency.
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13 | "Qualified governmental entity"
means a unit of local | ||||||
14 | government authorized to provide 9-1-1 services
pursuant to the | ||||||
15 | Emergency Telephone System Act where no emergency telephone
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16 | system board exists. | ||||||
17 | "Remit period" means the billing period, one month in | ||||||
18 | duration, for which a wireless carrier, other than a prepaid | ||||||
19 | wireless carrier that provides zip code information based upon | ||||||
20 | the addresses associated with its customers' points of | ||||||
21 | purchase, customers' billing addresses, or locations | ||||||
22 | associated with MTNs, as described in subsection (a) of Section | ||||||
23 | 17, remits a surcharge and provides subscriber information by | ||||||
24 | zip code to the Illinois Commerce Commission, in accordance | ||||||
25 | with Section 17 of this Act.
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26 | "Statewide wireless emergency 9-1-1 system" means all |
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1 | areas of the State
where an emergency telephone system board | ||||||
2 | or, in the absence of an emergency
telephone system board, a | ||||||
3 | qualified governmental entity has not declared its
intention | ||||||
4 | for one or more of its public safety answering points to serve | ||||||
5 | as a
primary wireless 9-1-1 public safety answering point for | ||||||
6 | its jurisdiction.
The operator of the statewide wireless | ||||||
7 | emergency 9-1-1 system shall be the
Department of State Police.
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8 | "Sufficient positive balance" means a dollar amount | ||||||
9 | greater than or equal
to the monthly wireless 9-1-1 surcharge | ||||||
10 | amount.
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11 | "Wireless carrier" means a provider of two-way cellular, | ||||||
12 | broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial | ||||||
13 | Mobile Radio Service (CMRS),
Wireless Communications Service | ||||||
14 | (WCS), or other Commercial Mobile Radio Service
(CMRS), as | ||||||
15 | defined by the Federal Communications Commission, offering | ||||||
16 | radio
communications that may provide fixed, mobile, radio | ||||||
17 | location, or satellite
communication services to individuals | ||||||
18 | or businesses within its assigned
spectrum block and | ||||||
19 | geographical area or that offers real-time, two-way voice
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20 | service that is interconnected with the public switched | ||||||
21 | network, including a
reseller of such service.
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22 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
23 | telephone number
of the originator of a 9-1-1 call and location | ||||||
24 | information from any mobile handset or text telephone
device | ||||||
25 | accessing the wireless system to the designated wireless public | ||||||
26 | safety
answering point as set forth in the order of the Federal |
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1 | Communications
Commission, FCC Docket No. 94-102, adopted June | ||||||
2 | 12, 1996, with an effective
date of October 1, 1996, and any | ||||||
3 | subsequent amendment thereto.
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4 | "Wireless public safety answering point" means the | ||||||
5 | functional division of
an emergency telephone system board, | ||||||
6 | qualified governmental entity, or the
Department of State | ||||||
7 | Police accepting wireless 9-1-1 calls.
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8 | "Wireless subscriber" means an individual or entity to whom | ||||||
9 | a wireless
service account or number has been assigned by a | ||||||
10 | wireless carrier.
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11 | "Wireless telephone service" includes prepaid wireless | ||||||
12 | telephone service
and means all "commercial mobile service", as | ||||||
13 | that term is defined in 47 CFR
20.3, including all personal | ||||||
14 | communications services, wireless radio telephone
services, | ||||||
15 | geographic area specialized and enhanced specialized mobile | ||||||
16 | radio
services, and incumbent wide area specialized mobile | ||||||
17 | radio licensees that offer
real time, two-way service that is | ||||||
18 | interconnected with the public switched
telephone network.
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19 | (Source: P.A. 93-507, eff. 1-1-04.)
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20 | (50 ILCS 751/17)
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21 | (Section scheduled to be repealed on April 1, 2008)
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22 | Sec. 17. Wireless carrier surcharge.
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23 | (a) Except as provided in Section 45, each wireless
carrier | ||||||
24 | shall impose a monthly wireless carrier surcharge per CMRS | ||||||
25 | connection
that either has a telephone number within an area |
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1 | code assigned to Illinois by
the North American Numbering Plan | ||||||
2 | Administrator or has a billing address in
this State.
In the | ||||||
3 | case of prepaid wireless telephone service, this surcharge | ||||||
4 | shall be
remitted based upon the address associated with the | ||||||
5 | point of purchase, the
customer billing
address, or the | ||||||
6 | location associated with the MTN for each active prepaid
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7 | wireless telephone that has a sufficient positive balance
as of | ||||||
8 | the last day of each month, if that information is available. | ||||||
9 | No
wireless carrier
shall impose the surcharge authorized by | ||||||
10 | this
Section upon any subscriber who is subject to the | ||||||
11 | surcharge imposed by a unit
of local
government
pursuant to | ||||||
12 | Section 45.
The wireless carrier that provides wireless service | ||||||
13 | to the
subscriber shall collect the surcharge set by the | ||||||
14 | Wireless Enhanced 9-1-1 Board
from the subscriber.
For mobile | ||||||
15 | telecommunications services provided on and after August 1, | ||||||
16 | 2002,
any surcharge imposed under this Act shall be imposed | ||||||
17 | based upon the
municipality or county that encompasses
the | ||||||
18 | customer's place of primary use as defined in the Mobile | ||||||
19 | Telecommunications
Sourcing Conformity Act.
The surcharge | ||||||
20 | shall be stated as a separate item on the
subscriber's monthly | ||||||
21 | bill. The wireless carrier shall begin collecting the
surcharge | ||||||
22 | on bills issued within 90 days after the Wireless Enhanced | ||||||
23 | 9-1-1
Board sets the monthly wireless surcharge. State and | ||||||
24 | local taxes shall not
apply to the wireless carrier surcharge.
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25 | (b) Except as provided in Section 45, a wireless carrier | ||||||
26 | shall, within 45
days of collection, remit, either by check or |
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1 | by electronic funds transfer, to
the State Treasurer the amount | ||||||
2 | of the wireless carrier surcharge collected
from each | ||||||
3 | subscriber. Of the amounts remitted under this subsection, the | ||||||
4 | State
Treasurer shall deposit one-third into the Wireless | ||||||
5 | Carrier Reimbursement Fund
and two-thirds into the Wireless | ||||||
6 | Service Emergency Fund.
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7 | (c) The first such remittance by wireless carriers shall | ||||||
8 | include the number
of customers by zip code, and the 9-digit | ||||||
9 | zip code if currently being used or
later implemented by the | ||||||
10 | carrier, that shall be the means by which the
Illinois Commerce | ||||||
11 | Commission shall determine distributions from
the Wireless | ||||||
12 | Service Emergency Fund.
This information shall be updated no | ||||||
13 | less often than every year. Wireless
carriers are not required | ||||||
14 | to remit surcharge moneys that are billed to
subscribers but | ||||||
15 | not yet collected. Any carrier that fails to provide the zip | ||||||
16 | code information required under this subsection (c) or any | ||||||
17 | prepaid wireless carrier that fails to provide zip code | ||||||
18 | information based upon the addresses associated with its | ||||||
19 | customers' points of purchase, customers' billing addresses, | ||||||
20 | or locations associated with MTNs, as described in subsection | ||||||
21 | (a) of this Section, shall be subject to the penalty set forth | ||||||
22 | in subsection (f) of this Section. | ||||||
23 | (d) Within 90 days after the effective date of this | ||||||
24 | amendatory Act of the 94th General Assembly, each wireless | ||||||
25 | carrier must implement a mechanism for the collection of the | ||||||
26 | surcharge imposed under subsection (a) of this Section from its |
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1 | subscribers. If a wireless carrier does not implement a | ||||||
2 | mechanism for the collection of the surcharge from its | ||||||
3 | subscribers in accordance with this subsection (d), then the | ||||||
4 | carrier is required to remit the surcharge for all subscribers | ||||||
5 | until the carrier is deemed to be in compliance with this | ||||||
6 | subsection (d) by the Illinois Commerce Commission. | ||||||
7 | (e) If before midnight on the last day of the third | ||||||
8 | calendar month after the closing date of the remit period a | ||||||
9 | wireless carrier does not remit the surcharge or any portion | ||||||
10 | thereof required under this Section, then the surcharge or | ||||||
11 | portion thereof shall be deemed delinquent until paid in full, | ||||||
12 | and the Illinois Commerce Commission may impose a penalty | ||||||
13 | against the carrier in an amount equal to the greater of: | ||||||
14 | (1) $25 for each month or portion of a month from the | ||||||
15 | time an amount becomes delinquent until the amount is paid | ||||||
16 | in full; or | ||||||
17 | (2) an amount equal to the product of 1% and the sum of | ||||||
18 | all delinquent amounts for each month or portion of a month | ||||||
19 | that the delinquent amounts remain unpaid. | ||||||
20 | A penalty imposed in accordance with this subsection (e) | ||||||
21 | for a portion of a month during which the carrier provides the | ||||||
22 | number of subscribers by zip code as required under subsection | ||||||
23 | (c) of this Section shall be prorated for each day of that | ||||||
24 | month during which the carrier had not provided the number of | ||||||
25 | subscribers by zip code as required under subsection (c) of | ||||||
26 | this Section. Any penalty imposed under this subsection (e) is |
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1 | in addition to the amount of the delinquency and is in addition | ||||||
2 | to any other penalty imposed under this Section. | ||||||
3 | (f) If, before midnight on the last day of the third | ||||||
4 | calendar month after the closing date of the remit period, a | ||||||
5 | wireless carrier does not provide the number of subscribers by | ||||||
6 | zip code as required under subsection (c) of this Section, then | ||||||
7 | the report is deemed delinquent and the Illinois Commerce | ||||||
8 | Commission may impose a penalty against the carrier in an | ||||||
9 | amount equal to the greater of: | ||||||
10 | (1) $25 for each month or portion of a month that the | ||||||
11 | report is delinquent; or | ||||||
12 | (2) an amount equal to the product of 1/2ยข and the | ||||||
13 | number of subscribers served by the wireless carrier. | ||||||
14 | A penalty imposed in accordance with this subsection (f) | ||||||
15 | for a portion of a month during which the carrier pays the | ||||||
16 | delinquent amount in full shall be prorated for each day of | ||||||
17 | that month that the delinquent amount was paid in full. Any | ||||||
18 | penalty imposed under this subsection (f) is in addition to any | ||||||
19 | other penalty imposed under this Section. | ||||||
20 | (g) The Illinois Commerce Commission may enforce the | ||||||
21 | collection of any delinquent amount and any penalty due and | ||||||
22 | unpaid under this Section by legal action or in any other | ||||||
23 | manner by which the collection of debts due the State of | ||||||
24 | Illinois may be enforced under the laws of this State. The | ||||||
25 | Executive Director of the Illinois Commerce Commission, or his | ||||||
26 | or her designee, may excuse the payment of any penalty imposed |
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1 | under this Section if the Executive Director, or his or her | ||||||
2 | designee, determines that the enforcement of this penalty is | ||||||
3 | unjust.
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4 | (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||||||
5 | eff. 7-30-04.)
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6 | (50 ILCS 751/35)
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7 | (Section scheduled to be repealed on April 1, 2008)
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8 | Sec. 35. Wireless Carrier Reimbursement Fund; | ||||||
9 | reimbursement. | ||||||
10 | (a) To recover costs from the Wireless Carrier | ||||||
11 | Reimbursement Fund, the wireless
carrier shall submit sworn | ||||||
12 | invoices to the Illinois Commerce Commission. In no event may | ||||||
13 | any invoice for payment be approved for (i) costs
that are not | ||||||
14 | related to compliance with the requirements established by the
| ||||||
15 | wireless enhanced 9-1-1 mandates of the Federal Communications | ||||||
16 | Commission, (ii)
costs with respect to any wireless enhanced | ||||||
17 | 9-1-1 service that is not operable
at the time the invoice is | ||||||
18 | submitted, or (iii) costs in excess of the sum of (A) the | ||||||
19 | carrier's balance, as determined under subsection (e) of this | ||||||
20 | Section, plus (B) 100% of the surcharge
of any wireless carrier
| ||||||
21 | exceeding 100% of the wireless emergency services charges
| ||||||
22 | remitted to the
Wireless Carrier Reimbursement Fund by the | ||||||
23 | wireless carrier under Section
17(b) since the last annual | ||||||
24 | review of the balance in the Wireless Carrier Reimbursement | ||||||
25 | Fund under subsection (e) of this Section, less reimbursements |
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1 | paid to the carrier out of the Wireless Carrier Reimbursement | ||||||
2 | Fund since the last annual review of the balance under | ||||||
3 | subsection (e) of this Section, unless the wireless carrier | ||||||
4 | received prior approval for the expenditures
from the Illinois | ||||||
5 | Commerce Commission.
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6 | (b) If in any month the total amount of invoices submitted | ||||||
7 | to the Illinois Commerce Commission and approved for payment | ||||||
8 | exceeds the amount
available in the Wireless Carrier | ||||||
9 | Reimbursement Fund, wireless carriers that
have invoices | ||||||
10 | approved for payment shall receive a pro-rata share of the | ||||||
11 | amount
available in the Wireless Carrier Reimbursement Fund | ||||||
12 | based on the relative
amount of their approved invoices | ||||||
13 | available that month, and the balance of
the payments shall be | ||||||
14 | carried into the following months until all of the approved
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15 | payments
are made.
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16 | (c) A wireless carrier may not receive payment from the | ||||||
17 | Wireless Carrier
Reimbursement Fund for its costs of providing | ||||||
18 | wireless enhanced 9-1-1 services
in an area when a unit of | ||||||
19 | local government or emergency telephone system board
provides | ||||||
20 | wireless 9-1-1 services in that area and was imposing and | ||||||
21 | collecting a
wireless carrier surcharge prior to July 1, 1998.
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22 | (d) The Illinois Commerce Commission shall maintain | ||||||
23 | detailed records
of all receipts and disbursements and shall | ||||||
24 | provide an annual accounting of all
receipts and disbursements | ||||||
25 | to the Auditor General. | ||||||
26 | (e) The Illinois Commerce Commission must annually review |
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| |||||||
1 | the balance in the Wireless Carrier Reimbursement Fund as of | ||||||
2 | June 30 of each year and shall direct the Comptroller to | ||||||
3 | transfer into the Wireless Services Emergency Fund for | ||||||
4 | distribution in accordance with Section 25 of this Act any | ||||||
5 | amount in excess of the amount of deposits into the Fund for | ||||||
6 | the 24 months prior to June 30 less: | ||||||
7 | (1) the amount of paid and payables received by June 30 | ||||||
8 | for the 24 months prior to June 30 as determined eligible | ||||||
9 | under subsection (a) of this Section; | ||||||
10 | (2) the administrative costs associated with the Fund | ||||||
11 | for the 24 months prior to June 30; and | ||||||
12 | (3) the prorated portion of any other adjustments made | ||||||
13 | to the Fund in the 24 months prior to June 30. | ||||||
14 | After making the calculation required under this | ||||||
15 | subsection (e), each carrier's available balance for purposes | ||||||
16 | of reimbursements must be adjusted using the same calculation.
| ||||||
17 | (f) The Illinois Commerce Commission shall adopt rules to | ||||||
18 | govern the
reimbursement process.
| ||||||
19 | (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
| ||||||
20 | (50 ILCS 751/70)
| ||||||
21 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
22 | Sec. 70. Repealer. This Act is repealed on April 1, 2013
| ||||||
23 | 2008 .
| ||||||
24 | (Source: P.A. 93-507, eff. 1-1-04.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon |
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| |||||||
1 | becoming law.
|