Illinois General Assembly - Full Text of SB0462
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Full Text of SB0462  99th General Assembly


Rep. Jaime M. Andrade, Jr.

Filed: 5/11/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 462, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Public Utilities Act is amended by changing
6Section 13-703 as follows:
7    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
8    (Section scheduled to be repealed on July 1, 2017)
9    Sec. 13-703. (a) The Commission shall design and implement
10a program whereby each telecommunications carrier providing
11local exchange service shall provide a telecommunications
12device capable of servicing the needs of those persons with a
13hearing or speech disability together with a single party line,
14at no charge additional to the basic exchange rate, to any
15subscriber who is certified as having a hearing or speech
16disability by a hearing care professional, as defined in the



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1Hearing Instrument Consumer Protection Act, licensed
2physician, speech-language pathologist, audiologist or a
3qualified State agency and to any subscriber which is an
4organization serving the needs of those persons with a hearing
5or speech disability as determined and specified by the
6Commission pursuant to subsection (d).
7    (b) The Commission shall design and implement a program,
8whereby each telecommunications carrier providing local
9exchange service shall provide a telecommunications relay
10system, using third party intervention to connect those persons
11having a hearing or speech disability with persons of normal
12hearing by way of intercommunications devices and the telephone
13system, making available reasonable access to all phases of
14public telephone service to persons who have a hearing or
15speech disability. In order to design a telecommunications
16relay system which will meet the requirements of those persons
17with a hearing or speech disability available at a reasonable
18cost, the Commission shall initiate an investigation and
19conduct public hearings to determine the most cost-effective
20method of providing telecommunications relay service to those
21persons who have a hearing or speech disability when using
22telecommunications devices and therein solicit the advice,
23counsel, and physical assistance of Statewide nonprofit
24consumer organizations that serve persons with hearing or
25speech disabilities in such hearings and during the development
26and implementation of the system. The Commission shall phase in



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1this program, on a geographical basis, as soon as is
2practicable, but no later than June 30, 1990.
3    (c) The Commission shall establish a competitively neutral
4rate recovery mechanism that establishes charges in an amount
5to be determined by the Commission for each line of a
6subscriber to allow telecommunications carriers providing
7local exchange service to recover costs as they are incurred
8under this Section. Beginning no later than April 1, 2016, and
9on a yearly basis thereafter, the Commission shall initiate a
10proceeding to establish the competitively neutral amount to be
11charged or assessed to subscribers of telecommunications
12carriers and wireless carriers, Interconnected VoIP service
13providers, and consumers of prepaid wireless
14telecommunications service in a manner consistent with this
15subsection (c) and subsection (f) of this Section. The
16Commission shall issue its order establishing the
17competitively neutral amount to be charged or assessed to
18subscribers of telecommunications carriers and wireless
19carriers, Interconnected VoIP service providers, and
20purchasers of prepaid wireless telecommunications service on
21or prior to June 1 of each year, and such amount shall take
22effect June 1 of each year.
23    Telecommunications carriers, wireless carriers,
24Interconnected VoIP service providers, and sellers of prepaid
25wireless telecommunications service shall have 60 days from the
26date the Commission files its order to implement the new rate



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1established by the order.
2    (d) The Commission shall determine and specify those
3organizations serving the needs of those persons having a
4hearing or speech disability that shall receive a
5telecommunications device and in which offices the equipment
6shall be installed in the case of an organization having more
7than one office. For the purposes of this Section,
8"organizations serving the needs of those persons with hearing
9or speech disabilities" means centers for independent living as
10described in Section 12a of the Rehabilitation of Persons with
11Disabilities Act and not-for-profit organizations whose
12primary purpose is serving the needs of those persons with
13hearing or speech disabilities. The Commission shall direct the
14telecommunications carriers subject to its jurisdiction and
15this Section to comply with its determinations and
16specifications in this regard.
17    (e) As used in this Section:
18    "Prepaid wireless telecommunications service" has the
19meaning given to that term under Section 10 of the Prepaid
20Wireless 9-1-1 Surcharge Act.
21    "Retail transaction" has the meaning given to that term
22under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
23    "Seller" has the meaning given to that term under Section
2410 of the Prepaid Wireless 9-1-1 Surcharge Act.
25    "Telecommunications carrier providing local exchange
26service" includes, without otherwise limiting the meaning of



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1the term, telecommunications carriers which are purely mutual
2concerns, having no rates or charges for services, but paying
3the operating expenses by assessment upon the members of such a
4company and no other person.
5    "Wireless carrier" has the meaning given to that term under
6Section 10 of the Wireless Emergency Telephone Safety Act.
7    (f) Interconnected VoIP service providers, sellers of
8prepaid wireless telecommunications service, and wireless
9carriers in Illinois shall collect and remit assessments
10determined in accordance with this Section in a competitively
11neutral manner in the same manner as a telecommunications
12carrier providing local exchange service. However, the
13assessment imposed on consumers of prepaid wireless
14telecommunications service shall be collected by the seller
15from the consumer and imposed per retail transaction as a
16percentage of that retail transaction on all retail
17transactions occurring in this State. The assessment on
18subscribers of wireless carriers and consumers of prepaid
19wireless telecommunications service shall not be imposed or
20collected prior to June 1, 2016.
21    Sellers of prepaid wireless telecommunications service
22shall remit the assessments to the Department of Revenue on the
23same form and in the same manner which they remit the fee
24collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
25the purposes of display on the consumers' receipts, the rates
26of the fee collected under the Prepaid Wireless 9-1-1 Surcharge



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1Act and the assessment under this Section may be combined. In
2administration and enforcement of this Section, the provisions
3of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
4Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
5Section 15 and subsections (c) and (e) of Section 20 of the
6Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
7(the effective date of Public Act 99-6) this amendatory Act of
8the 99th General Assembly, the seller shall be permitted to
9deduct and retain 3% of the assessments that are collected by
10the seller from consumers and that are remitted and timely
11filed with the Department) that are not inconsistent with this
12Section, shall apply, as far as practicable, to the subject
13matter of this Section to the same extent as if those
14provisions were included in this Section. The Department shall
15deposit all assessments and penalties collected under this
16Section into the Illinois Telecommunications Access
17Corporation Fund, a special fund created in the State treasury.
18On or before the 25th day of each calendar month, the
19Department shall prepare and certify to the Comptroller the
20amount available to the Commission for distribution out of the
21Illinois Telecommunications Access Corporation Fund. The
22amount certified shall be the amount (not including credit
23memoranda) collected during the second preceding calendar
24month by the Department, plus an amount the Department
25determines is necessary to offset any amounts which were
26erroneously paid to a different taxing body or fund. The amount



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1paid to the Illinois Telecommunications Access Corporation
2Fund shall not include any amount equal to the amount of
3refunds made during the second preceding calendar month by the
4Department to retailers under this Section or any amount that
5the Department determines is necessary to offset any amounts
6which were payable to a different taxing body or fund but were
7erroneously paid to the Illinois Telecommunications Access
8Corporation Fund. The Commission shall distribute all the funds
9to the Illinois Telecommunications Access Corporation and the
10funds may only be used in accordance with the provisions of
11this Section. The Department shall deduct 2% of all amounts
12deposited in the Illinois Telecommunications Access
13Corporation Fund during every year of remitted assessments. Of
14the 2% deducted by the Department, one-half shall be
15transferred into the Tax Compliance and Administration Fund to
16reimburse the Department for its direct costs of administering
17the collection and remittance of the assessment. The remaining
18one-half shall be transferred into the Public Utilities Fund to
19reimburse the Commission for its costs of distributing to the
20Illinois Telecommunications Access Corporation the amount
21certified by the Department for distribution. The amount to be
22charged or assessed under subsections (c) and (f) is not
23imposed on a provider or the consumer for wireless Lifeline
24service where the consumer does not pay the provider for the
25service. Where the consumer purchases from the provider
26optional minutes, texts, or other services in addition to the



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1federally funded Lifeline benefit, a consumer must pay the
2charge or assessment, and it must be collected by the seller
3according to subsection (f).
4    Interconnected VoIP services shall not be considered an
5intrastate telecommunications service for the purposes of this
6Section in a manner inconsistent with federal law or Federal
7Communications Commission regulation.
8    (g) The provisions of this Section are severable under
9Section 1.31 of the Statute on Statutes.
10    (h) The Commission may adopt rules necessary to implement
11this Section.
12(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; revised
14    Section 10. The Hearing Instrument Consumer Protection Act
15is amended by changing Section 8 as follows:
16    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 8. Applicant qualifications; examination.
19    (a) In order to protect persons who are deaf or hard of
20hearing, the Department shall authorize or shall conduct an
21appropriate examination, which may be the International
22Hearing Society's licensure examination, for persons who
23dispense, test, select, recommend, fit, or service hearing
24instruments. The frequency of holding these examinations shall



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1be determined by the Department by rule. Those who successfully
2pass such an examination shall be issued a license as a hearing
3instrument dispenser, which shall be effective for a 2-year
5    (b) Applicants shall be:
6        (1) at least 18 years of age;
7        (2) of good moral character;
8        (3) the holder of an associate's degree or the
9    equivalent;
10        (4) free of contagious or infectious disease; and
11        (5) a citizen or person who has the status as a legal
12    alien.
13    Felony convictions of the applicant and findings against
14the applicant involving matters set forth in Sections 17 and 18
15shall be considered in determining moral character, but such a
16conviction or finding shall not make an applicant ineligible to
17register for examination.
18    (c) Prior to engaging in the practice of fitting,
19dispensing, or servicing hearing instruments, an applicant
20shall demonstrate, by means of written and practical
21examinations, that such person is qualified to practice the
22testing, selecting, recommending, fitting, selling, or
23servicing of hearing instruments as defined in this Act. An
24applicant must obtain a license within 12 months after passing
25either the written or practical examination, whichever is
26passed first, or must take and pass those examinations again in



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1order to be eligible to receive a license.
2    The Department shall, by rule, determine the conditions
3under which an individual is examined.
4    (d) Proof of having met the minimum requirements of
5continuing education as determined by the Board shall be
6required of all license renewals. Pursuant to rule, the
7continuing education requirements may, upon petition to the
8Board, be waived in whole or in part if the hearing instrument
9dispenser can demonstrate that he or she served in the Coast
10Guard or Armed Forces, had an extreme hardship, or obtained his
11or her license by examination or endorsement within the
12preceding renewal period.
13    (e) Persons applying for an initial license must
14demonstrate having earned, at a minimum, an associate degree or
15its equivalent from an accredited institution of higher
16education that is recognized by the U.S. Department of
17Education or that meets the U.S. Department of Education
18equivalency as determined through a National Association of
19Credential Evaluation Services (NACES) member, and meet the
20other requirements of this Section. In addition, the applicant
21must demonstrate the successful completion of (1) 12 semester
22hours or 18 quarter hours of academic undergraduate course work
23in an accredited institution consisting of 3 semester hours of
24anatomy and physiology of the speech and hearing mechanism, 3
25semester hours of hearing science, 3 semester hours of
26introduction to audiology, and 3 semester hours of aural



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1rehabilitation, or the quarter hour equivalent or (2) an
2equivalent program as determined by the Department that is
3consistent with the scope of practice of a hearing instrument
4dispenser as defined in Section 3 of this Act. Persons licensed
5before January 1, 2003 who have a valid license on that date
6may have their license renewed without meeting the requirements
7of this subsection.
8(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".