Sen. William R. Haine
Filed: 5/23/2007
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1 | AMENDMENT TO HOUSE BILL 828
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2 | AMENDMENT NO. ______. Amend House Bill 828 on page 4, below | ||||||
3 | line 24, by inserting the following:
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4 | "Section 10. The Wireless Emergency Telephone Safety Act is | ||||||
5 | amended by changing Sections 15, 17, 25, 35, and 70 as follows:
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6 | (50 ILCS 751/15)
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7 | (Section scheduled to be repealed on April 1, 2008)
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8 | Sec. 15. Wireless emergency 9-1-1 service. The digits | ||||||
9 | "9-1-1" shall be
the designated emergency telephone number | ||||||
10 | within the wireless system.
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11 | (a) Standards.
The Illinois Commerce Commission may set | ||||||
12 | non-discriminatory, uniform
technical and operational | ||||||
13 | standards consistent with the rules of the Federal
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14 | Communications Commission for directing calls to authorized | ||||||
15 | public safety
answering points. These standards shall not in | ||||||
16 | any way prescribe the
technology or manner a wireless carrier |
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1 | shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | ||||||
2 | and these standards shall not exceed the requirements set
by | ||||||
3 | the Federal Communications Commission. However, standards for | ||||||
4 | directing
calls to the authorized public safety answering point | ||||||
5 | shall be included. The
authority given to the Illinois Commerce | ||||||
6 | Commission in this Section is limited
to setting standards as | ||||||
7 | set forth herein and does not constitute authority to
regulate | ||||||
8 | wireless carriers.
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9 | (b) Wireless public safety answering points.
For the | ||||||
10 | purpose of providing wireless 9-1-1 emergency services, an | ||||||
11 | emergency
telephone system board or, in the absence of an | ||||||
12 | emergency telephone system
board, a qualified governmental | ||||||
13 | entity may declare its intention for one or
more of its public | ||||||
14 | safety answering points to serve as a primary wireless 9-1-1
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15 | public safety answering point for its jurisdiction by notifying | ||||||
16 | the Chief Clerk
of the Illinois Commerce Commission and the | ||||||
17 | Director of State Police in writing
within 6 months after the | ||||||
18 | effective date of this Act or within 6 months after
receiving | ||||||
19 | its authority to operate a 9-1-1 system under the Emergency | ||||||
20 | Telephone
System Act, whichever is later. In addition, 2 or | ||||||
21 | more emergency telephone
system boards or
qualified units of | ||||||
22 | local government may, by virtue of an intergovernmental
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23 | agreement, provide wireless 9-1-1 service. The Department of | ||||||
24 | State Police
shall be the primary wireless 9-1-1 public safety | ||||||
25 | answering point for any
jurisdiction not providing notice to | ||||||
26 | the Commission and the Department of State
Police. Nothing in |
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1 | this Act shall require the provision of wireless enhanced
9-1-1 | ||||||
2 | services.
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3 | The Illinois Commerce Commission, upon a joint request from | ||||||
4 | the Department of
State Police and a qualified
governmental | ||||||
5 | entity or an emergency telephone system board, may grant
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6 | authority to the
emergency telephone system board or a | ||||||
7 | qualified governmental entity to provide
wireless
9-1-1 | ||||||
8 | service in areas for which the Department of State Police has | ||||||
9 | accepted
wireless 9-1-1
responsibility. The Illinois Commerce | ||||||
10 | Commission shall maintain a current list
of all 9-1-1
systems | ||||||
11 | and qualified governmental entities providing wireless 9-1-1 | ||||||
12 | service
under this Act.
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13 | Any emergency telephone system board or qualified | ||||||
14 | governmental entity
providing
wireless 9-1-1 service prior to | ||||||
15 | the effective date of this Act
may continue to
operate upon | ||||||
16 | notification as previously described in this Section. An
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17 | emergency
telephone system
board or a qualified governmental | ||||||
18 | entity shall submit, with its notification,
the date
upon which | ||||||
19 | it commenced operating.
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20 | (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | ||||||
21 | 9-1-1 Board is
created. The Board consists of 7
members
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22 | appointed by the Governor with the advice and consent of the | ||||||
23 | Senate.
It is recommended that the Governor appoint members | ||||||
24 | from the following: the
Illinois Chapter of the National | ||||||
25 | Emergency Numbers Association, the Illinois
State Police, law | ||||||
26 | enforcement
agencies, the wireless telecommunications |
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1 | industry, an emergency
telephone system board in Cook County | ||||||
2 | (outside the City of
Chicago), an emergency telephone system | ||||||
3 | board in
the Metro-east area,
and an emergency telephone system | ||||||
4 | board in the
collar counties (Lake, McHenry, DuPage, Kane, and | ||||||
5 | Will
counties). Members of the Board
may not receive any | ||||||
6 | compensation but may, however, be reimbursed for any
necessary | ||||||
7 | expenditure in connection with their duties.
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8 | Except as provided in Section 45, the Wireless Enhanced | ||||||
9 | 9-1-1 Board shall
set the amount of the monthly wireless | ||||||
10 | surcharge required to be imposed under
Section 17 on all | ||||||
11 | wireless subscribers in this State.
Prior to the Wireless | ||||||
12 | Enhanced 9-1-1 Board setting any surcharge, the Board
shall
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13 | publish the proposed surcharge in the Illinois Register, hold | ||||||
14 | hearings on the
surcharge
and the requirements for an efficient | ||||||
15 | wireless emergency number system, and
elicit
public comment. | ||||||
16 | The Board shall determine the minimum cost necessary for
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17 | implementation of this system and the amount of revenue | ||||||
18 | produced based upon the
number of wireless telephones in use. | ||||||
19 | The Board shall set the surcharge at the
minimum
amount | ||||||
20 | necessary to achieve the goals of the Act and shall, by July 1, | ||||||
21 | 2000,
file this
information with the Governor, the Clerk of the | ||||||
22 | House, and the Secretary of the
Senate.
The surcharge may not | ||||||
23 | be more than $0.75 per month per CMRS connection.
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24 | The Wireless Enhanced 9-1-1 Board shall report to the | ||||||
25 | General Assembly by
July 1, 2000 on implementing wireless | ||||||
26 | non-emergency services for the
purpose of public safety using |
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1 | the digits 3-1-1. The Board shall consider the
delivery of | ||||||
2 | 3-1-1 services in a 6 county area, including rural Cook County
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3 | (outside of the City of Chicago), and DuPage, Lake, McHenry, | ||||||
4 | Will, and Kane
Counties, as well as counties outside of this | ||||||
5 | area by an emergency telephone
system board, a qualified | ||||||
6 | governmental entity, or private industry. The Board,
upon | ||||||
7 | completion of all its duties required under this Act, is | ||||||
8 | dissolved.
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9 | (Source: P.A. 91-660, eff. 12-22-99 .)
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10 | (50 ILCS 751/17)
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11 | (Section scheduled to be repealed on April 1, 2008)
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12 | Sec. 17. Wireless carrier surcharge.
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13 | (a) Except as provided in Section 45, each wireless
carrier | ||||||
14 | shall impose a monthly wireless carrier surcharge per CMRS | ||||||
15 | connection
that either has a telephone number within an area | ||||||
16 | code assigned to Illinois by
the North American Numbering Plan | ||||||
17 | Administrator or has a billing address in
this State.
In the | ||||||
18 | case of prepaid wireless telephone service, this surcharge | ||||||
19 | shall be
remitted based upon the address associated with the | ||||||
20 | point of purchase, the
customer billing
address, or the | ||||||
21 | location associated with the MTN for each active prepaid
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22 | wireless telephone that has a sufficient positive balance
as of | ||||||
23 | the last day of each month, if that information is available. | ||||||
24 | No
wireless carrier
shall impose the surcharge authorized by | ||||||
25 | this
Section upon any subscriber who is subject to the |
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1 | surcharge imposed by a unit
of local
government
pursuant to | ||||||
2 | Section 45.
Prior to the effective date of this amendatory Act | ||||||
3 | of the 95th General Assembly, the surcharge amount shall be the | ||||||
4 | amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | ||||||
5 | the effective date of this amendatory Act of the 95th General | ||||||
6 | Assembly, the monthly surcharge imposed under this Section | ||||||
7 | shall be $0.73 per CMRS connection. The wireless carrier that | ||||||
8 | provides wireless service to the
subscriber shall collect the | ||||||
9 | surcharge set by the Wireless Enhanced 9-1-1 Board
from the | ||||||
10 | subscriber.
For mobile telecommunications services provided on | ||||||
11 | and after August 1, 2002,
any surcharge imposed under this Act | ||||||
12 | shall be imposed based upon the
municipality or county that | ||||||
13 | encompasses
the customer's place of primary use as defined in | ||||||
14 | the Mobile Telecommunications
Sourcing Conformity Act.
The | ||||||
15 | surcharge shall be stated as a separate item on the
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16 | subscriber's monthly bill. The wireless carrier shall begin | ||||||
17 | collecting the
surcharge on bills issued within 90 days after | ||||||
18 | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||||||
19 | surcharge. State and local taxes shall not
apply to the | ||||||
20 | wireless carrier surcharge.
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21 | (b) Except as provided in Section 45, a wireless carrier | ||||||
22 | shall, within 45
days of collection, remit, either by check or | ||||||
23 | by electronic funds transfer, to
the State Treasurer the amount | ||||||
24 | of the wireless carrier surcharge collected
from each | ||||||
25 | subscriber.
Of the amounts remitted under this subsection prior | ||||||
26 | to the effective date of this amendatory Act of the 95th |
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1 | General Assembly, and for surcharges imposed before the | ||||||
2 | effective date of this amendatory Act of the 95th General | ||||||
3 | Assembly but remitted after its effective date , the State
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4 | Treasurer shall deposit one-third into the Wireless Carrier | ||||||
5 | Reimbursement Fund
and two-thirds into the Wireless Service | ||||||
6 | Emergency Fund. For surcharges collected and remitted on or | ||||||
7 | after the effective date of this amendatory Act of the 95th | ||||||
8 | General Assembly, $0.1475 per surcharge collected shall be | ||||||
9 | deposited into the Wireless Carrier Reimbursement Fund, and | ||||||
10 | $0.5825 per surcharge collected shall be deposited into the | ||||||
11 | Wireless Service Emergency Fund. Of the amounts deposited into | ||||||
12 | the Wireless Carrier Reimbursement Fund under this subsection, | ||||||
13 | $0.01 per surcharge collected may be distributed to the | ||||||
14 | carriers to cover their administrative costs. Of the amounts | ||||||
15 | deposited into the Wireless Service Emergency Fund under this | ||||||
16 | subsection, $0.01 per surcharge collected may be disbursed to | ||||||
17 | the Illinois Commerce Commission to cover its administrative | ||||||
18 | costs.
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19 | (c)
The first such remittance by wireless carriers shall | ||||||
20 | include the number
of customers by zip code, and the 9-digit | ||||||
21 | zip code if currently being used or
later implemented by the | ||||||
22 | carrier, that shall be the means by which the
Illinois Commerce | ||||||
23 | Commission shall determine distributions from
the Wireless | ||||||
24 | Service Emergency Fund.
This information shall be updated no | ||||||
25 | less often than every year. Wireless
carriers are not required | ||||||
26 | to remit surcharge moneys that are billed to
subscribers but |
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1 | not yet collected.
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2 | (d) Notwithstanding any provision of law to the contrary, | ||||||
3 | nothing shall impair the right of wireless carriers to recover | ||||||
4 | compliance costs for all emergency communications services | ||||||
5 | directly from their customers via line-item charges on the | ||||||
6 | customer's bill. Those compliance costs include all costs | ||||||
7 | incurred by wireless carriers in complying with local, State, | ||||||
8 | and federal regulatory or legislative mandates that require the | ||||||
9 | transmission and receipt of emergency communications to and | ||||||
10 | from the general public, including, but not limited to, E-911.
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11 | (e) The Auditor General shall conduct, on an annual basis, | ||||||
12 | an audit of the Wireless Service Emergency Fund and the | ||||||
13 | Wireless Carrier Reimbursement Fund for compliance with the | ||||||
14 | requirements of this Act. The audit shall include, but not be | ||||||
15 | limited to, the following determinations:
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16 | (1) Whether the Commission is maintaining detailed | ||||||
17 | records of all receipts and disbursements from the Wireless | ||||||
18 | Carrier Emergency Fund and the Wireless Carrier | ||||||
19 | Reimbursement Fund.
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20 | (2) Whether the Commission's administrative costs | ||||||
21 | charged to the funds are adequately documented and are | ||||||
22 | reasonable.
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23 | (3) Whether the Commission's procedures for making | ||||||
24 | grants and providing reimbursements in accordance with the | ||||||
25 | Act are adequate.
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26 | (4) The status of the implementation of wireless 9-1-1 |
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1 | and E9-1-1 services in Illinois.
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2 | The Commission, the Department of State Police, and any | ||||||
3 | other entity or person that may have information relevant to | ||||||
4 | the audit shall cooperate fully and promptly with the Office of | ||||||
5 | the Auditor General in conducting the audit. The Auditor | ||||||
6 | General shall commence the audit as soon as possible and | ||||||
7 | distribute the report upon completion in accordance with | ||||||
8 | Section 3-14 of the Illinois State Auditing Act.
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9 | (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||||||
10 | eff. 7-30-04.)
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11 | (50 ILCS 751/25)
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12 | (Section scheduled to be repealed on April 1, 2008)
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13 | Sec. 25. Wireless Service Emergency Fund; distribution of | ||||||
14 | moneys.
Within 60 days after the effective date of this Act, | ||||||
15 | wireless carriers
shall submit to the Illinois Commerce | ||||||
16 | Commission the number of
wireless subscribers by zip code and | ||||||
17 | the 9-digit zip code of the wireless
subscribers, if currently | ||||||
18 | being used or later implemented by the carrier.
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19 | The Illinois Commerce Commission shall, subject to
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20 | appropriation, make monthly proportional grants to the | ||||||
21 | appropriate emergency
telephone system board or qualified | ||||||
22 | governmental entity based upon the United
States Postal Zip | ||||||
23 | Code of the wireless subscriber's billing address. No
matching | ||||||
24 | funds shall be required from grant recipients.
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25 | If the Illinois Commerce Commission is notified of an area
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1 | of overlapping jurisdiction, grants for that area shall be made | ||||||
2 | based upon
reference to an official Master Street Address Guide | ||||||
3 | to the emergency
telephone system board or qualified | ||||||
4 | governmental entity whose public
service answering points | ||||||
5 | provide wireless 9-1-1 service in that area.
The emergency | ||||||
6 | telephone system board or qualified governmental entity shall
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7 | provide the Illinois Commerce Commission with a valid copy of | ||||||
8 | the
appropriate Master Street Address Guide. The Illinois | ||||||
9 | Commerce Commission does not have a duty to verify | ||||||
10 | jurisdictional responsibility.
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11 | In the event of a subscriber billing address being matched | ||||||
12 | to an incorrect
jurisdiction by the Illinois Commerce | ||||||
13 | Commission, the recipient,
upon notification from the Illinois | ||||||
14 | Commerce Commission, shall
redirect the funds to the correct | ||||||
15 | jurisdiction. The Illinois Commerce Commission
shall not be | ||||||
16 | held liable for any damages relating to an
act or omission | ||||||
17 | under this Act, unless the act or omission constitutes gross
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18 | negligence, recklessness, or intentional misconduct.
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19 | In the event of a dispute between emergency telephone | ||||||
20 | system boards or
qualified governmental entities concerning a | ||||||
21 | subscriber billing address, the
Illinois Commerce Commission | ||||||
22 | shall resolve the dispute.
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23 | The Illinois Commerce Commission shall maintain detailed | ||||||
24 | records
of all receipts and disbursements and shall provide an | ||||||
25 | annual accounting of all
receipts and disbursements to the | ||||||
26 | Auditor General.
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1 | The Illinois Commerce Commission shall adopt rules to | ||||||
2 | govern the
grant process.
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3 | The Illinois Commerce Commission may also use moneys in the | ||||||
4 | Wireless Service Emergency Fund to make grants to the Illinois | ||||||
5 | National Emergency Number Association for the purpose of | ||||||
6 | conducting a study to determine the future technological and | ||||||
7 | financial needs of the wireless 9-1-1 systems. The study shall | ||||||
8 | include input from the telecommunications industry and the | ||||||
9 | public safety community.
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10 | (Source: P.A. 93-839, eff. 7-30-04.)
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11 | (50 ILCS 751/35)
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12 | (Section scheduled to be repealed on April 1, 2008)
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13 | Sec. 35. Wireless Carrier Reimbursement Fund; | ||||||
14 | reimbursement. To recover costs from the Wireless Carrier | ||||||
15 | Reimbursement Fund, the wireless
carrier shall submit sworn | ||||||
16 | invoices to the Illinois Commerce Commission. In no event may | ||||||
17 | any invoice for payment be approved for (i) costs
that are not | ||||||
18 | related to compliance with the requirements established by the
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19 | wireless enhanced 9-1-1 mandates of the Federal Communications | ||||||
20 | Commission, (ii)
costs with respect to any wireless enhanced | ||||||
21 | 9-1-1 service that is not operable
at the time the invoice is | ||||||
22 | submitted, or (iii) costs of any wireless carrier
exceeding | ||||||
23 | 100% of the wireless emergency services charges remitted to the
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24 | Wireless Carrier Reimbursement Fund by the wireless carrier | ||||||
25 | under Section
17(b) unless the wireless carrier received prior |
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1 | approval for the expenditures
from the Illinois Commerce | ||||||
2 | Commission.
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3 | If in any month the total amount of invoices submitted to | ||||||
4 | the Illinois Commerce Commission and approved for payment | ||||||
5 | exceeds the amount
available in the Wireless Carrier | ||||||
6 | Reimbursement Fund, wireless carriers that
have invoices | ||||||
7 | approved for payment shall receive a pro-rata share of the | ||||||
8 | amount
available in the Wireless Carrier Reimbursement Fund | ||||||
9 | based on the relative
amount of their approved invoices | ||||||
10 | available that month, and the balance of
the payments shall be | ||||||
11 | carried into the following months until all of the approved
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12 | payments
are made.
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13 | A wireless carrier may not receive payment from the | ||||||
14 | Wireless Carrier
Reimbursement Fund for its costs of providing | ||||||
15 | wireless enhanced 9-1-1 services
in an area when a unit of | ||||||
16 | local government or emergency telephone system board
provides | ||||||
17 | wireless 9-1-1 services in that area and was imposing and | ||||||
18 | collecting a
wireless carrier surcharge prior to July 1, 1998.
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19 | The Illinois Commerce Commission shall maintain detailed | ||||||
20 | records
of all receipts and disbursements and shall provide an | ||||||
21 | annual accounting of all
receipts and disbursements to the | ||||||
22 | Auditor General.
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23 | The Illinois Commerce Commission shall adopt rules to | ||||||
24 | govern the
reimbursement process.
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25 | Upon the effective date of this amendatory Act of the 95th | ||||||
26 | General Assembly, or as soon thereafter as practical, the State |
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1 | Comptroller shall order transferred and the State Treasurer | ||||||
2 | shall transfer the sum of $8,000,000 from the Wireless Carrier | ||||||
3 | Reimbursement Fund to the Wireless Service Emergency Fund. That | ||||||
4 | amount shall be used by the Illinois Commerce Commission to | ||||||
5 | make grants in the manner described in Section 25 of this Act.
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6 | (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
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7 | (50 ILCS 751/70)
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8 | (Section scheduled to be repealed on April 1, 2008)
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9 | Sec. 70. Repealer. This Act is repealed on April 1, 2013
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10 | 2008 .
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11 | (Source: P.A. 93-507, eff. 1-1-04.)".
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