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1 | | AN ACT concerning local government.
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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 Section 17 as follows:
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6 | | (50 ILCS 751/17)
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7 | | (Section scheduled to be repealed on July 1, 2015)
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8 | | Sec. 17. Wireless carrier surcharge.
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9 | | (a) Except as provided in Sections 45 and 80, each wireless
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10 | | carrier shall impose a monthly wireless carrier surcharge per |
11 | | CMRS connection
that either has a telephone number within an |
12 | | area code assigned to Illinois by
the North American Numbering |
13 | | Plan Administrator or has a billing address in
this State. No
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14 | | wireless carrier
shall impose the surcharge authorized by this
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15 | | Section upon any subscriber who is subject to the surcharge |
16 | | imposed by a unit
of local
government
pursuant to Section 45.
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17 | | Prior to January 1, 2008 (the effective date of Public Act |
18 | | 95-698), the surcharge amount shall be the amount set by the |
19 | | Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008 |
20 | | (the effective date of Public Act 95-698), the monthly |
21 | | surcharge imposed under this Section shall be $0.73 per CMRS |
22 | | connection. The wireless carrier that provides wireless |
23 | | service to the
subscriber shall collect the surcharge
from the |
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1 | | subscriber.
For mobile telecommunications services provided on |
2 | | and after August 1, 2002,
any surcharge imposed under this Act |
3 | | shall be imposed based upon the
municipality or county that |
4 | | encompasses
the customer's place of primary use as defined in |
5 | | the Mobile Telecommunications
Sourcing Conformity Act.
The |
6 | | surcharge shall be stated as a separate item on the
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7 | | subscriber's monthly bill. The wireless carrier shall begin |
8 | | collecting the
surcharge on bills issued within 90 days after |
9 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless |
10 | | surcharge. State and local taxes shall not
apply to the |
11 | | wireless carrier surcharge.
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12 | | (b) Except as provided in Sections 45 and 80, a wireless |
13 | | carrier shall, within 45
days of collection, remit, either by |
14 | | check or by electronic funds transfer, to
the Illinois Commerce |
15 | | Commission for deposit with the State Treasurer the amount of |
16 | | the wireless carrier surcharge collected
from each subscriber.
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17 | | Of the amounts remitted under this subsection prior to January |
18 | | 1, 2008 (the effective date of Public Act 95-698), and for |
19 | | surcharges imposed before January 1, 2008 (the effective date |
20 | | of Public Act 95-698)
but remitted after January 1, 2008, the |
21 | | State
Treasurer shall deposit one-third into the Wireless |
22 | | Carrier Reimbursement Fund
and two-thirds into the Wireless |
23 | | Service Emergency Fund. For surcharges collected and remitted |
24 | | on or after January 1, 2008 (the effective date of Public Act |
25 | | 95-698), $0.1475 per surcharge collected shall be deposited |
26 | | into the Wireless Carrier Reimbursement Fund, and $0.5825 per |
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1 | | surcharge collected shall be deposited into the Wireless |
2 | | Service Emergency Fund. For surcharges collected and remitted |
3 | | on or after July 1, 2014, $0.05 per surcharge collected shall |
4 | | be deposited into the Wireless Carrier Reimbursement Fund, |
5 | | $0.66 per surcharge shall be deposited into the Wireless |
6 | | Service Emergency Fund, and $0.02 per surcharge collected shall |
7 | | be deposited into the Wireless Service Emergency Fund and |
8 | | distributed in equal amounts to each County Emergency Telephone |
9 | | System Board or qualified governmental entity Telephone Boards |
10 | | in counties with a population under 100,000 according to the |
11 | | most recent census data which is authorized by the Illinois |
12 | | Commerce Commission to serve as a primary wireless 9-1-1 public |
13 | | safety answering point for the county and to provide wireless |
14 | | 9-1-1 service as prescribed by subsection (b) of Section 15 of |
15 | | this Act, and which does provide such service . Of the amounts |
16 | | deposited into the Wireless Carrier Reimbursement Fund under |
17 | | this subsection, $0.01 per surcharge collected may be |
18 | | distributed to the carriers to cover their administrative |
19 | | costs. Of the amounts deposited into the Wireless Service |
20 | | Emergency Fund under this subsection, $0.01 per surcharge |
21 | | collected may be disbursed to the Illinois Commerce Commission |
22 | | to cover its administrative costs.
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23 | | (c)
The first such remittance by wireless carriers shall |
24 | | include the number
of wireless subscribers by zip code, and the |
25 | | 9-digit zip code if currently being used or
later implemented |
26 | | by the carrier, that shall be the means by which the
Illinois |
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1 | | Commerce Commission shall determine distributions from
the |
2 | | Wireless Service Emergency Fund.
This information shall be |
3 | | updated no less often than every year. Wireless
carriers are |
4 | | not required to remit surcharge moneys that are billed to
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5 | | subscribers but not yet collected. Any carrier that fails to |
6 | | provide the zip code information required under this subsection |
7 | | (c) shall be subject to the penalty set forth in subsection (f) |
8 | | of this Section.
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9 | | (d) Any funds collected under the Prepaid Wireless 9-1-1 |
10 | | Surcharge Act shall be distributed using a prorated method |
11 | | based upon zip code information collected from post-paid |
12 | | wireless carriers under subsection (c) of this Section. |
13 | | (e) If before midnight on the last day of the third |
14 | | calendar month after the closing date of the remit period a |
15 | | wireless carrier does not remit the surcharge or any portion |
16 | | thereof required under this Section, then the surcharge or |
17 | | portion thereof shall be deemed delinquent until paid in full, |
18 | | and the Illinois Commerce Commission may impose a penalty |
19 | | against the carrier in an amount equal to the greater of: |
20 | | (1) $25 for each month or portion of a month from the |
21 | | time an amount becomes delinquent until the amount is paid |
22 | | in full; or |
23 | | (2) an amount equal to the product of 1% and the sum of |
24 | | all delinquent amounts for each month or portion of a month |
25 | | that the delinquent amounts remain unpaid. |
26 | | A penalty imposed in accordance with this subsection (e) |
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1 | | for a portion of a month during which the carrier provides the |
2 | | number of subscribers by zip code as required under subsection |
3 | | (c) of this Section shall be prorated for each day of that |
4 | | month during which the carrier had not provided the number of |
5 | | subscribers by zip code as required under subsection (c) of |
6 | | this Section. Any penalty imposed under this subsection (e) is |
7 | | in addition to the amount of the delinquency and is in addition |
8 | | to any other penalty imposed under this Section. |
9 | | (f) If, before midnight on the last day of the third |
10 | | calendar month after the closing date of the remit period, a |
11 | | wireless carrier does not provide the number of subscribers by |
12 | | zip code as required under subsection (c) of this Section, then |
13 | | the report is deemed delinquent and the Illinois Commerce |
14 | | Commission may impose a penalty against the carrier in an |
15 | | amount equal to the greater of: |
16 | | (1) $25 for each month or portion of a month that the |
17 | | report is delinquent; or |
18 | | (2) an amount equal to the product of 1/2¢ and the |
19 | | number of subscribers served by the wireless carrier. On |
20 | | and after July 1, 2014, an amount equal to the product of |
21 | | $0.01 and the number of subscribers served by the wireless |
22 | | carrier. |
23 | | A penalty imposed in accordance with this subsection (f) |
24 | | for a portion of a month during which the carrier pays the |
25 | | delinquent amount in full shall be prorated for each day of |
26 | | that month that the delinquent amount was paid in full. A |
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1 | | penalty imposed and collected in accordance with subsection (e) |
2 | | or this subsection (f) shall be deposited into the Wireless |
3 | | Service Emergency Fund for distribution according to Section 25 |
4 | | of this Act. Any penalty imposed under this subsection (f) is |
5 | | in addition to any other penalty imposed under this Section. |
6 | | (g) The Illinois Commerce Commission may enforce the |
7 | | collection of any delinquent amount and any penalty due and |
8 | | unpaid under this Section by legal action or in any other |
9 | | manner by which the collection of debts due the State of |
10 | | Illinois may be enforced under the laws of this State. The |
11 | | Executive Director of the Illinois Commerce Commission, or his |
12 | | or her designee, may excuse the payment of any penalty imposed |
13 | | under this Section if the Executive Director, or his or her |
14 | | designee, determines that the enforcement of this penalty is |
15 | | unjust. |
16 | | (h)
Notwithstanding any provision of law to the contrary,
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17 | | nothing shall impair the right of wireless carriers to recover
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18 | | compliance costs for all emergency communications services |
19 | | that are not reimbursed out of the Wireless Carrier |
20 | | Reimbursement Fund
directly from their wireless subscribers |
21 | | via line-item charges on the wireless subscriber's
bill. Those |
22 | | compliance costs include all costs
incurred by wireless |
23 | | carriers in complying with local, State,
and federal regulatory |
24 | | or legislative mandates that require the
transmission and |
25 | | receipt of emergency communications to and
from the general |
26 | | public, including, but not limited to, E-911.
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1 | | (i)
The Auditor General shall conduct, on an annual basis, |
2 | | an audit of the Wireless Service Emergency Fund and the |
3 | | Wireless Carrier Reimbursement Fund for compliance with the |
4 | | requirements of this Act. The audit shall include, but not be |
5 | | limited to, the following determinations:
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6 | | (1) Whether the Commission is maintaining detailed |
7 | | records of all receipts and disbursements from the Wireless |
8 | | Carrier Emergency Fund and the Wireless Carrier |
9 | | Reimbursement Fund.
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10 | | (2) Whether the Commission's administrative costs |
11 | | charged to the funds are adequately documented and are |
12 | | reasonable.
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13 | | (3) Whether the Commission's procedures for making |
14 | | grants and providing reimbursements in accordance with the |
15 | | Act are adequate.
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16 | | (4) The status of the implementation of wireless 9-1-1 |
17 | | and E9-1-1 services in Illinois.
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18 | | The Commission, the Department of State Police, and any |
19 | | other entity or person that may have information relevant to |
20 | | the audit shall cooperate fully and promptly with the Office of |
21 | | the Auditor General in conducting the audit. The Auditor |
22 | | General shall commence the audit as soon as possible and |
23 | | distribute the report upon completion in accordance with |
24 | | Section 3-14 of the Illinois State Auditing Act.
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25 | | (Source: P.A. 97-463, eff. 1-1-12; 98-634, eff. 6-6-14.)
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26 | | Section 99. Effective date. This Act takes effect upon |