Full Text of HB2453 98th General Assembly
HB2453enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by changing Section | 6 | | 2605-25 as follows:
| 7 | | (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
| 8 | | Sec. 2605-25. Department divisions. The Department is | 9 | | divided into the
Illinois State Police Academy and 4 divisions:
| 10 | | the Division of Operations,
the Division of Forensic Services, | 11 | | the Division of
Administration, and the Division of Internal | 12 | | Investigation. Beginning on July 1, 2015, there shall be the | 13 | | Division of the Statewide 9-1-1 Administrator within the | 14 | | Department of State Police to develop, implement, and oversee a | 15 | | uniform statewide 9-1-1 system for all areas of the State | 16 | | outside of municipalities having a population of more than | 17 | | 500,000.
| 18 | | (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-760, | 19 | | eff. 1-1-01.)
| 20 | | Section 10. The Emergency Telephone System Act is amended | 21 | | by changing Section 15.3 as follows:
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| 1 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| 2 | | Sec. 15.3. Surcharge. | 3 | | (a) The corporate authorities of any municipality or any
| 4 | | county may, subject to the limitations of subsections (c), (d), | 5 | | and (h),
and in addition to any tax levied pursuant to the | 6 | | Simplified Municipal
Telecommunications Tax Act, impose a | 7 | | monthly surcharge on billed subscribers
of network connection | 8 | | provided by telecommunication carriers engaged in the
business | 9 | | of transmitting messages by means of electricity originating | 10 | | within
the corporate limits of the municipality or county | 11 | | imposing the surcharge at
a rate per network connection | 12 | | determined in accordance with subsection (c), however the | 13 | | monthly surcharge shall not apply to a network connection | 14 | | provided for use with pay telephone services.
Provided, | 15 | | however, that where multiple voice grade communications | 16 | | channels
are connected between the subscriber's premises and a | 17 | | public switched network
through private branch exchange (PBX) | 18 | | or centrex type service, a municipality
imposing a surcharge at | 19 | | a rate per network connection, as determined in
accordance with | 20 | | this Act, shall impose: | 21 | | (i) in a municipality with a population of 500,000 or | 22 | | less or in any county, 5 such surcharges per network
| 23 | | connection, as determined in accordance with subsections | 24 | | (a) and (d) of
Section 2.12 of this Act, for both regular | 25 | | service and advanced service provisioned trunk lines; | 26 | | (ii) in a municipality with a population, prior to |
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| 1 | | March 1, 2010, of 500,000 or more, 5 surcharges per network | 2 | | connection, as determined in accordance
with subsections | 3 | | (a) and (d) of Section 2.12 of this Act, for both regular | 4 | | service and advanced
service provisioned trunk lines; | 5 | | (iii) in a municipality with a population, as of March | 6 | | 1, 2010, of 500,000 or more, 5 surcharges per network | 7 | | connection, as determined in
accordance with subsections | 8 | | (a) and (d) of Section 2.12 of this Act, for regular | 9 | | service
provisioned trunk lines, and 12 surcharges per | 10 | | network connection, as determined in accordance
with | 11 | | subsections (a) and (d) of Section 2.12 of this Act, for | 12 | | advanced service provisioned trunk
lines, except where an | 13 | | advanced service provisioned trunk line supports at least 2 | 14 | | but fewer
than 23 simultaneous voice grade calls ("VGC's"), | 15 | | a telecommunication carrier may
elect to impose fewer than | 16 | | 12 surcharges per trunk line as provided in subsection (iv)
| 17 | | of this Section; or | 18 | | (iv) for an advanced service provisioned trunk line | 19 | | connected between the
subscriber's premises and the public | 20 | | switched network through a P.B.X., where the advanced
| 21 | | service provisioned trunk line is capable of transporting | 22 | | at least 2 but fewer than 23
simultaneous VGC's per trunk | 23 | | line, the telecommunications carrier collecting the | 24 | | surcharge
may elect to impose surcharges in accordance with | 25 | | the table provided in this Section, without limiting
any | 26 | | telecommunications carrier's obligations to otherwise keep |
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| 1 | | and maintain records. Any
telecommunications carrier | 2 | | electing to impose fewer than 12 surcharges per an advanced
| 3 | | service provisioned trunk line shall keep and maintain | 4 | | records adequately to demonstrate the
VGC capability of | 5 | | each advanced service provisioned trunk line with fewer | 6 | | than 12
surcharges imposed, provided that 12 surcharges | 7 | | shall be imposed on an advanced service
provisioned trunk | 8 | | line regardless of the VGC capability where a | 9 | | telecommunications carrier
cannot demonstrate the VGC | 10 | | capability of the advanced service provisioned trunk line.
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11 | | Facility | VGC's | 911 Surcharges | |
12 | | Advanced service provisioned trunk line | 18-23 | 12 | |
13 | | Advanced service provisioned trunk line | 12-17 | 10 | |
14 | | Advanced service provisioned trunk line | 2-11 | 8 |
| 15 | | Subsections (i), (ii), (iii), and (iv) are not intended to | 16 | | make any change in the meaning of this Section, but are | 17 | | intended to remove possible ambiguity, thereby confirming the | 18 | | intent of paragraph (a) as it existed prior to and following | 19 | | the effective date of this amendatory Act of the 97th General | 20 | | Assembly. | 21 | | For mobile telecommunications services, if a surcharge is | 22 | | imposed it shall be
imposed based upon the municipality or | 23 | | county that encompasses the customer's
place of primary use as | 24 | | defined in the Mobile Telecommunications Sourcing
Conformity |
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| 1 | | Act. A municipality may enter into an intergovernmental
| 2 | | agreement with any county in which it is partially located, | 3 | | when the county
has adopted an ordinance to impose a surcharge | 4 | | as provided in subsection
(c), to include that portion of the | 5 | | municipality lying outside the county
in that county's | 6 | | surcharge referendum. If the county's surcharge
referendum is | 7 | | approved, the portion of the municipality identified in the
| 8 | | intergovernmental agreement shall automatically be | 9 | | disconnected from the
county in which it lies and connected to | 10 | | the county which approved the
referendum for purposes of a | 11 | | surcharge on telecommunications carriers.
| 12 | | (b) For purposes of computing the surcharge imposed by | 13 | | subsection (a),
the network connections to which the surcharge | 14 | | shall apply shall be those
in-service network connections, | 15 | | other than those network connections
assigned to the | 16 | | municipality or county, where the service address for each
such | 17 | | network connection or connections is located within the | 18 | | corporate
limits of the municipality or county levying the | 19 | | surcharge. Except for mobile
telecommunication services, the | 20 | | "service address" shall mean the location of
the primary use of | 21 | | the network connection or connections. For mobile
| 22 | | telecommunication services, "service address" means the | 23 | | customer's place of
primary use as defined in the Mobile | 24 | | Telecommunications Sourcing Conformity
Act.
| 25 | | (c) Upon the passage of an ordinance to impose a surcharge | 26 | | under this
Section the clerk of the municipality or county |
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| 1 | | shall certify the question
of whether the surcharge may be | 2 | | imposed to the proper election authority
who shall submit the | 3 | | public question to the electors of the municipality or
county | 4 | | in accordance with the general election law; provided that such
| 5 | | question shall not be submitted at a consolidated primary | 6 | | election. The
public question shall be in substantially the | 7 | | following form:
| 8 | | -------------------------------------------------------------
| 9 | | Shall the county (or city, village
| 10 | | or incorporated town) of ..... impose YES
| 11 | | a surcharge of up to ...˘ per month per
| 12 | | network connection, which surcharge will
| 13 | | be added to the monthly bill you receive ------------------
| 14 | | for telephone or telecommunications
| 15 | | charges, for the purpose of installing
| 16 | | (or improving) a 9-1-1 Emergency NO
| 17 | | Telephone System?
| 18 | | -------------------------------------------------------------
| 19 | | If a majority of the votes cast upon the public question | 20 | | are in favor
thereof, the surcharge shall be imposed.
| 21 | | However, if a Joint Emergency Telephone System Board is to | 22 | | be created
pursuant to an intergovernmental agreement under | 23 | | Section 15.4, the
ordinance to impose the surcharge shall be | 24 | | subject to the approval of a
majority of the total number of | 25 | | votes cast upon the public question by the
electors of all of | 26 | | the municipalities or counties, or combination thereof,
that |
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| 1 | | are parties to the intergovernmental agreement.
| 2 | | The referendum requirement of this subsection (c) shall not | 3 | | apply
to any municipality with a population over 500,000 or to | 4 | | any
county in which a proposition as to whether a sophisticated | 5 | | 9-1-1 Emergency
Telephone System should be installed in the | 6 | | county, at a cost not to
exceed a specified monthly amount per | 7 | | network connection, has previously
been approved by a majority | 8 | | of the electors of the county voting on the
proposition at an | 9 | | election conducted before the effective date of this
amendatory | 10 | | Act of 1987.
| 11 | | (d) A county may not impose a surcharge, unless requested | 12 | | by a
municipality, in any incorporated area which has | 13 | | previously approved a
surcharge as provided in subsection (c) | 14 | | or in any incorporated area where
the corporate authorities of | 15 | | the municipality have previously entered into
a binding | 16 | | contract or letter of intent with a telecommunications carrier | 17 | | to
provide sophisticated 9-1-1 service through municipal | 18 | | funds.
| 19 | | (e) A municipality or county may at any time by ordinance | 20 | | change the
rate of the surcharge imposed under this Section if | 21 | | the new rate does not
exceed the rate specified in the | 22 | | referendum held pursuant to subsection (c).
| 23 | | (f) The surcharge authorized by this Section shall be | 24 | | collected from
the subscriber by the telecommunications | 25 | | carrier providing the subscriber
the network connection as a | 26 | | separately stated item on the subscriber's bill.
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| 1 | | (g) The amount of surcharge collected by the | 2 | | telecommunications carrier
shall be paid to the particular | 3 | | municipality or county or Joint Emergency
Telephone System | 4 | | Board not later than 30 days after the surcharge is
collected, | 5 | | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| 6 | | charges then due the particular telecommunications carrier, as | 7 | | shown on an
itemized bill. The telecommunications carrier | 8 | | collecting the surcharge
shall also be entitled to deduct 3% of | 9 | | the gross amount of surcharge
collected to reimburse the | 10 | | telecommunications carrier for the expense of
accounting and | 11 | | collecting the surcharge.
| 12 | | (h) Except as expressly provided in subsection (a) of this | 13 | | Section, on or after the effective date of this amendatory Act | 14 | | of the 98th General Assembly and until July 1, 2015, a | 15 | | municipality with a population of 500,000 or more shall not | 16 | | impose a monthly surcharge per network connection in excess of | 17 | | the highest monthly surcharge imposed as of January 1, 2014 by | 18 | | any county or municipality under subsection (c) of this | 19 | | Section. On or after July 1, 2015, a
municipality with a | 20 | | population over 500,000 may not impose a
monthly surcharge in | 21 | | excess of $2.50
per network connection.
| 22 | | (i) Any municipality or county or joint emergency telephone | 23 | | system
board that has imposed a surcharge pursuant to this | 24 | | Section prior to the
effective date of this amendatory Act of | 25 | | 1990 shall hereafter impose the
surcharge in accordance with | 26 | | subsection (b) of this Section.
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| 1 | | (j) The corporate authorities of any municipality or county | 2 | | may issue,
in accordance with Illinois law, bonds, notes or | 3 | | other obligations secured
in whole or in part by the proceeds | 4 | | of the surcharge described in this
Section. Notwithstanding any | 5 | | change in law subsequent to the issuance of
any bonds, notes or | 6 | | other obligations secured by the surcharge, every
municipality | 7 | | or county issuing such bonds, notes or other obligations shall
| 8 | | be authorized to impose the surcharge as though the laws | 9 | | relating to the
imposition of the surcharge in effect at the | 10 | | time of issuance of the
bonds, notes or other obligations were | 11 | | in full force and effect until the
bonds, notes or other | 12 | | obligations are paid in full.
The State of Illinois pledges and | 13 | | agrees that it will not limit or alter
the rights and powers | 14 | | vested in municipalities and counties by this Section
to impose | 15 | | the surcharge so as to impair the terms of or affect the
| 16 | | security for bonds, notes or other obligations secured in whole | 17 | | or in part
with the proceeds of the surcharge described in this | 18 | | Section.
| 19 | | (k) Any surcharge collected by or imposed on a | 20 | | telecommunications
carrier pursuant to this Section shall be | 21 | | held to be a special fund in
trust for the municipality, county | 22 | | or Joint Emergency Telephone Board
imposing the surcharge. | 23 | | Except for the 3% deduction provided in subsection
(g) above, | 24 | | the special fund shall not be subject to the claims of
| 25 | | creditors of the telecommunication carrier.
| 26 | | (Source: P.A. 97-463, eff. 8-19-11.)
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| 1 | | Section 15. The Wireless Emergency Telephone Safety Act is | 2 | | amended by changing Sections 17, 35, 45, 70, and 85 and by | 3 | | adding Section 27 as follows:
| 4 | | (50 ILCS 751/17)
| 5 | | (Section scheduled to be repealed on July 1, 2014)
| 6 | | Sec. 17. Wireless carrier surcharge.
| 7 | | (a) Except as provided in Sections 45 and 80, each wireless
| 8 | | carrier shall impose a monthly wireless carrier surcharge per | 9 | | CMRS connection
that either has a telephone number within an | 10 | | area code assigned to Illinois by
the North American Numbering | 11 | | Plan Administrator or has a billing address in
this State. No
| 12 | | wireless carrier
shall impose the surcharge authorized by this
| 13 | | Section upon any subscriber who is subject to the surcharge | 14 | | imposed by a unit
of local
government
pursuant to Section 45.
| 15 | | Prior to January 1, 2008 (the effective date of Public Act | 16 | | 95-698), the surcharge amount shall be the amount set by the | 17 | | Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008 | 18 | | (the effective date of Public Act 95-698), the monthly | 19 | | surcharge imposed under this Section shall be $0.73 per CMRS | 20 | | connection. The wireless carrier that provides wireless | 21 | | service to the
subscriber shall collect the surcharge
from the | 22 | | subscriber.
For mobile telecommunications services provided on | 23 | | and after August 1, 2002,
any surcharge imposed under this Act | 24 | | shall be imposed based upon the
municipality or county that |
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| 1 | | encompasses
the customer's place of primary use as defined in | 2 | | the Mobile Telecommunications
Sourcing Conformity Act.
The | 3 | | surcharge shall be stated as a separate item on the
| 4 | | subscriber's monthly bill. The wireless carrier shall begin | 5 | | collecting the
surcharge on bills issued within 90 days after | 6 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 7 | | surcharge. State and local taxes shall not
apply to the | 8 | | wireless carrier surcharge.
| 9 | | (b) Except as provided in Sections 45 and 80, a wireless | 10 | | carrier shall, within 45
days of collection, remit, either by | 11 | | check or by electronic funds transfer, to
the State Treasurer | 12 | | the amount of the wireless carrier surcharge collected
from | 13 | | each subscriber.
Of the amounts remitted under this subsection | 14 | | prior to January 1, 2008 (the effective date of Public Act | 15 | | 95-698), and for surcharges imposed before January 1, 2008 (the | 16 | | effective date of Public Act 95-698)
but remitted after January | 17 | | 1, 2008, the State
Treasurer shall deposit one-third into the | 18 | | Wireless Carrier Reimbursement Fund
and two-thirds into the | 19 | | Wireless Service Emergency Fund. For surcharges collected and | 20 | | remitted on or after January 1, 2008 (the effective date of | 21 | | Public Act 95-698), $0.1475 per surcharge collected shall be | 22 | | deposited into the Wireless Carrier Reimbursement Fund, and | 23 | | $0.5825 per surcharge collected shall be deposited into the | 24 | | Wireless Service Emergency Fund. For surcharges collected and | 25 | | remitted on or after July 1, 2014, $0.05 per surcharge | 26 | | collected shall be deposited into the Wireless Carrier |
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| 1 | | Reimbursement Fund, $0.66 per surcharge shall be deposited into | 2 | | the Wireless Service Emergency Fund, and $0.02 per surcharge | 3 | | collected shall be deposited into the Wireless Service | 4 | | Emergency Fund and distributed in equal amounts to County | 5 | | Emergency System Telephone Boards in counties with a population | 6 | | under 100,000 according to the most recent census data. Of the | 7 | | amounts deposited into the Wireless Carrier Reimbursement Fund | 8 | | under this subsection, $0.01 per surcharge collected may be | 9 | | distributed to the carriers to cover their administrative | 10 | | costs. Of the amounts deposited into the Wireless Service | 11 | | Emergency Fund under this subsection, $0.01 per surcharge | 12 | | collected may be disbursed to the Illinois Commerce Commission | 13 | | to cover its administrative costs.
| 14 | | (c)
The first such remittance by wireless carriers shall | 15 | | include the number
of wireless subscribers by zip code, and the | 16 | | 9-digit zip code if currently being used or
later implemented | 17 | | by the carrier, that shall be the means by which the
Illinois | 18 | | Commerce Commission shall determine distributions from
the | 19 | | Wireless Service Emergency Fund.
This information shall be | 20 | | updated no less often than every year. Wireless
carriers are | 21 | | not required to remit surcharge moneys that are billed to
| 22 | | subscribers but not yet collected. Any carrier that fails to | 23 | | provide the zip code information required under this subsection | 24 | | (c) shall be subject to the penalty set forth in subsection (f) | 25 | | of this Section.
| 26 | | (d) Any funds collected under the Prepaid Wireless 9-1-1 |
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| 1 | | Surcharge Act shall be distributed using a prorated method | 2 | | based upon zip code information collected from post-paid | 3 | | wireless carriers under subsection (c) of this Section. | 4 | | (e) If before midnight on the last day of the third | 5 | | calendar month after the closing date of the remit period a | 6 | | wireless carrier does not remit the surcharge or any portion | 7 | | thereof required under this Section, then the surcharge or | 8 | | portion thereof shall be deemed delinquent until paid in full, | 9 | | and the Illinois Commerce Commission may impose a penalty | 10 | | against the carrier in an amount equal to the greater of: | 11 | | (1) $25 for each month or portion of a month from the | 12 | | time an amount becomes delinquent until the amount is paid | 13 | | in full; or | 14 | | (2) an amount equal to the product of 1% and the sum of | 15 | | all delinquent amounts for each month or portion of a month | 16 | | that the delinquent amounts remain unpaid. | 17 | | A penalty imposed in accordance with this subsection (e) | 18 | | for a portion of a month during which the carrier provides the | 19 | | number of subscribers by zip code as required under subsection | 20 | | (c) of this Section shall be prorated for each day of that | 21 | | month during which the carrier had not provided the number of | 22 | | subscribers by zip code as required under subsection (c) of | 23 | | this Section. Any penalty imposed under this subsection (e) is | 24 | | in addition to the amount of the delinquency and is in addition | 25 | | to any other penalty imposed under this Section. | 26 | | (f) If, before midnight on the last day of the third |
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| 1 | | calendar month after the closing date of the remit period, a | 2 | | wireless carrier does not provide the number of subscribers by | 3 | | zip code as required under subsection (c) of this Section, then | 4 | | the report is deemed delinquent and the Illinois Commerce | 5 | | Commission may impose a penalty against the carrier in an | 6 | | amount equal to the greater of: | 7 | | (1) $25 for each month or portion of a month that the | 8 | | report is delinquent; or | 9 | | (2) an amount equal to the product of 1/2˘ and the | 10 | | number of subscribers served by the wireless carrier. On | 11 | | and after July 1, 2014, an amount equal to the product of | 12 | | $0.01 and the number of subscribers served by the wireless | 13 | | 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. A | 18 | | penalty imposed and collected in accordance with subsection (e) | 19 | | or this subsection (f) shall be deposited into the Wireless | 20 | | Service Emergency Fund for distribution according to Section 25 | 21 | | of this Act. Any penalty imposed under this subsection (f) is | 22 | | in addition to any other penalty imposed under this Section. | 23 | | (g) The Illinois Commerce Commission may enforce the | 24 | | collection of any delinquent amount and any penalty due and | 25 | | unpaid under this Section by legal action or in any other | 26 | | manner by which the collection of debts due the State of |
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| 1 | | Illinois may be enforced under the laws of this State. The | 2 | | Executive Director of the Illinois Commerce Commission, or his | 3 | | or her designee, may excuse the payment of any penalty imposed | 4 | | under this Section if the Executive Director, or his or her | 5 | | designee, determines that the enforcement of this penalty is | 6 | | unjust. | 7 | | (h)
Notwithstanding any provision of law to the contrary,
| 8 | | nothing shall impair the right of wireless carriers to recover
| 9 | | compliance costs for all emergency communications services | 10 | | that are not reimbursed out of the Wireless Carrier | 11 | | Reimbursement Fund
directly from their wireless subscribers | 12 | | via line-item charges on the wireless subscriber's
bill. Those | 13 | | compliance costs include all costs
incurred by wireless | 14 | | carriers in complying with local, State,
and federal regulatory | 15 | | or legislative mandates that require the
transmission and | 16 | | receipt of emergency communications to and
from the general | 17 | | public, including, but not limited to, E-911.
| 18 | | (i)
The Auditor General shall conduct, on an annual basis, | 19 | | an audit of the Wireless Service Emergency Fund and the | 20 | | Wireless Carrier Reimbursement Fund for compliance with the | 21 | | requirements of this Act. The audit shall include, but not be | 22 | | limited to, the following determinations:
| 23 | | (1) Whether the Commission is maintaining detailed | 24 | | records of all receipts and disbursements from the Wireless | 25 | | Carrier Emergency Fund and the Wireless Carrier | 26 | | Reimbursement Fund.
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| 1 | | (2) Whether the Commission's administrative costs | 2 | | charged to the funds are adequately documented and are | 3 | | reasonable.
| 4 | | (3) Whether the Commission's procedures for making | 5 | | grants and providing reimbursements in accordance with the | 6 | | Act are adequate.
| 7 | | (4) The status of the implementation of wireless 9-1-1 | 8 | | and E9-1-1 services in Illinois.
| 9 | | The Commission, the Department of State Police, and any | 10 | | other entity or person that may have information relevant to | 11 | | the audit shall cooperate fully and promptly with the Office of | 12 | | the Auditor General in conducting the audit. The Auditor | 13 | | General shall commence the audit as soon as possible and | 14 | | distribute the report upon completion in accordance with | 15 | | Section 3-14 of the Illinois State Auditing Act.
| 16 | | (Source: P.A. 97-463, eff. 1-1-12 .)
| 17 | | (50 ILCS 751/27 new) | 18 | | Sec. 27. Financial reports. | 19 | | (a) The Illinois Commerce Commission shall create uniform | 20 | | accounting procedures, with such modification as may be | 21 | | required to give effect to statutory provisions applicable only | 22 | | to municipalities with a population in excess of 500,000, that | 23 | | any emergency telephone system board, qualified governmental | 24 | | entity, or unit of local government described in Section 15 of | 25 | | this Act and Section 15.4 of the Emergency Telephone System Act |
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| 1 | | or any entity imposing a wireless surcharge pursuant to Section | 2 | | 45 of this Act must follow. | 3 | | (b) By October 1, 2014, each emergency telephone system | 4 | | board, qualified governmental entity, or unit of local | 5 | | government described in Section 15 of this Act and Section 15.4 | 6 | | of the Emergency Telephone System Act or any entity imposing a | 7 | | wireless surcharge pursuant to Section 45 of this Act shall | 8 | | report to the Illinois Commerce Commission audited financial | 9 | | statements showing total revenue and expenditures for each of | 10 | | the last two of its fiscal years in a form and manner as | 11 | | prescribed by the Illinois Commerce Commission's Manager of | 12 | | Accounting. Such financial information shall include: | 13 | | (1) a detailed summary of revenue from all sources | 14 | | including, but not limited to, local, State, federal, and | 15 | | private revenues, and any other funds received; | 16 | | (2) operating expenses, capital expenditures, and cash | 17 | | balances; and | 18 | | (3) such other financial information that is relevant | 19 | | to the provision of 9-1-1 services as determined by the | 20 | | Illinois Commerce Commission's Manager of Accounting. | 21 | | The emergency telephone system board, qualified | 22 | | governmental entity, or unit of local government is responsible | 23 | | for any costs associated with auditing such financial | 24 | | statements. The Illinois Commerce Commission shall post the | 25 | | audited financial statements on the Commission's website. | 26 | | (c) By January 31, 2016 and each year thereafter, each |
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| 1 | | emergency telephone system board, qualified governmental | 2 | | entity, or unit of local government described in Section 15 of | 3 | | this Act and Section 15.4 of the Emergency Telephone System Act | 4 | | or any entity imposing a wireless surcharge pursuant to Section | 5 | | 45 of this Act shall report to the Illinois Commerce Commission | 6 | | audited annual financial statements showing total revenue and | 7 | | expenditures in a form and manner as prescribed by the Illinois | 8 | | Commerce Commission's Manager of Accounting. | 9 | | The emergency telephone system board, qualified | 10 | | governmental entity, or unit of local government is responsible | 11 | | for any costs associated with auditing such financial | 12 | | statements. | 13 | | The Illinois Commerce Commission shall post each entity's | 14 | | individual audited annual financial statements on the | 15 | | Commission's website. | 16 | | (d) If an emergency telephone system board or qualified | 17 | | governmental entity that receives funds from the Wireless | 18 | | Service Emergency Fund fails to file the 9-1-1 system financial | 19 | | reports as required under this Section, the Illinois Commerce | 20 | | Commission shall suspend and withhold monthly grants otherwise | 21 | | due to the emergency telephone system board or qualified | 22 | | governmental entity under Section 25 of this Act until the | 23 | | report is filed. | 24 | | Any monthly grants that have been withheld for 12 months or | 25 | | more shall be forfeited by the emergency telephone system board | 26 | | or qualified governmental entity and shall be distributed |
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| 1 | | proportionally by the Illinois Commerce Commission to | 2 | | compliant emergency telephone system boards and qualified | 3 | | governmental entities that receive funds from the Wireless | 4 | | Service Emergency Fund. | 5 | | (e) The Illinois Commerce Commission may adopt emergency | 6 | | rules necessary to carry out the provisions of this Section.
| 7 | | (50 ILCS 751/35)
| 8 | | (Section scheduled to be repealed on July 1, 2014)
| 9 | | Sec. 35. Wireless Carrier Reimbursement Fund; | 10 | | reimbursement. | 11 | | (a) To recover costs from the Wireless Carrier | 12 | | Reimbursement Fund, the wireless
carrier shall submit sworn | 13 | | invoices to the Illinois Commerce Commission. In no event may | 14 | | any invoice for payment be approved for (i) costs
that are not | 15 | | related to compliance with the requirements established by the
| 16 | | wireless enhanced 9-1-1 mandates of the Federal Communications | 17 | | Commission, or (ii)
costs with respect to any wireless enhanced | 18 | | 9-1-1 service that is not operable
at the time the invoice is | 19 | | submitted , or (iii) costs in excess of the sum of (A) the | 20 | | carrier's balance, as determined under subsection (e) of this | 21 | | Section, plus (B) 100% of the surcharge
remitted to the
| 22 | | Wireless Carrier Reimbursement Fund by the wireless carrier | 23 | | under Section
17(b) since the last annual review of the balance | 24 | | in the Wireless Carrier Reimbursement Fund under subsection (e) | 25 | | of this Section, less reimbursements paid to the carrier out of |
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| 1 | | the Wireless Carrier Reimbursement Fund since the last annual | 2 | | review of the balance under subsection (e) of this Section, | 3 | | unless the wireless carrier received prior approval for the | 4 | | expenditures
from the Illinois Commerce Commission .
| 5 | | (b) If in any month the total amount of invoices submitted | 6 | | to the Illinois Commerce Commission and approved for payment | 7 | | exceeds the amount
available in the Wireless Carrier | 8 | | Reimbursement Fund, wireless carriers that
have invoices | 9 | | approved for payment shall receive a pro-rata share of the | 10 | | amount
available in the Wireless Carrier Reimbursement Fund | 11 | | based on the relative
amount of their approved invoices | 12 | | available that month, and the balance of
the payments shall be | 13 | | carried into the following months until all of the approved
| 14 | | payments
are made.
| 15 | | (c) A wireless carrier may not receive payment from the | 16 | | Wireless Carrier
Reimbursement Fund for its costs of providing | 17 | | wireless enhanced 9-1-1 services
in an area when a unit of | 18 | | local government or emergency telephone system board
provides | 19 | | wireless 9-1-1 services in that area and was imposing and | 20 | | collecting a
wireless carrier surcharge prior to July 1, 1998.
| 21 | | (d) The Illinois Commerce Commission shall maintain | 22 | | detailed records
of all receipts and disbursements and shall | 23 | | provide an annual accounting of all
receipts and disbursements | 24 | | to the Auditor General. | 25 | | (e) The Illinois Commerce Commission must annually review | 26 | | the balance in the Wireless Carrier Reimbursement Fund as of |
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| 1 | | June 30 of each year and shall direct the Comptroller to | 2 | | transfer into the Wireless Services Emergency Fund for | 3 | | distribution in accordance with Section 25 of this Act any | 4 | | amount in excess of the amount of deposits into the Fund for | 5 | | the 24 months prior to June 30 less: | 6 | | (1) the amount of paid and payables received by June 30 | 7 | | for the 24 months prior to June 30 as determined eligible | 8 | | under subsection (a) of this Section; | 9 | | (2) the administrative costs associated with the Fund | 10 | | for the 24 months prior to June 30; and | 11 | | (3) the prorated portion of any other adjustments made | 12 | | to the Fund in the 24 months prior to June 30. | 13 | | After making the calculation required under this | 14 | | subsection (e), each carrier's available balance for purposes | 15 | | of reimbursements must be adjusted using the same calculation.
| 16 | | (f) The Illinois Commerce Commission shall adopt rules to | 17 | | govern the
reimbursement process.
| 18 | | (g) On January 1, 2008 (the effective date of Public Act | 19 | | 95-698), or as soon thereafter as practical, the State | 20 | | Comptroller shall order transferred and the State Treasurer | 21 | | shall transfer the sum of $8,000,000 from the Wireless Carrier | 22 | | Reimbursement Fund to the Wireless Service Emergency Fund. That | 23 | | amount shall be used by the Illinois Commerce Commission to | 24 | | make grants in the manner described in Section 25 of this Act. | 25 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, | 26 | | eff. 8-21-08 .)
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| 1 | | (50 ILCS 751/45)
| 2 | | (Section scheduled to be repealed on July 1, 2014)
| 3 | | Sec. 45. Continuation of current practices. | 4 | | (a) Notwithstanding any other
provision of this Act, a unit | 5 | | of local government or emergency telephone
system board | 6 | | providing wireless 9-1-1 service and imposing and collecting a
| 7 | | wireless carrier surcharge prior to July 1, 1998 may continue | 8 | | its practices of
imposing and collecting its wireless carrier | 9 | | surcharge, but , except as provided in subsection (b) of this | 10 | | Section, in no event shall
that monthly surcharge exceed $2.50
| 11 | | per commercial mobile radio service (CMRS)
connection or | 12 | | in-service telephone number billed on a monthly basis.
For | 13 | | mobile telecommunications services provided on and after | 14 | | August 1, 2002,
any surcharge imposed shall be imposed based | 15 | | upon the municipality or county
that encompasses the customer's | 16 | | place of primary use as defined in the Mobile
| 17 | | Telecommunications Sourcing Conformity Act.
| 18 | | (b) On or after the effective date of this amendatory Act | 19 | | of the 98th General Assembly and until July 1, 2015, the | 20 | | corporate authorities of a municipality with a population in | 21 | | excess of 500,000 on the effective date of this amendatory Act | 22 | | may by ordinance impose and collect a monthly surcharge per | 23 | | commercial mobile radio service (CMRS) connection or | 24 | | in-service telephone number billed on a monthly basis that does | 25 | | not exceed the highest monthly surcharge imposed as of January |
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| 1 | | 1, 2014 by any county or municipality under subsection (c) of | 2 | | Section 15.3 of the Emergency Telephone System Act. On or after | 3 | | July 1, 2015, the municipality may continue imposing and | 4 | | collecting its wireless carrier surcharge as provided in and | 5 | | subject to the limitations of subsection (a) of this Section. | 6 | | (c) In addition to any other lawful purpose, a municipality | 7 | | with a population over 500,000 may use the moneys collected | 8 | | under this Section for any anti-terrorism or emergency | 9 | | preparedness measures, including, but not limited to, | 10 | | preparedness planning, providing local matching funds for | 11 | | federal or State grants, personnel training, and specialized | 12 | | equipment, including surveillance cameras as needed to deal | 13 | | with natural and terrorist-inspired emergency situations or | 14 | | events.
| 15 | | (Source: P.A. 95-698, eff. 1-1-08 .)
| 16 | | (50 ILCS 751/70)
| 17 | | (Section scheduled to be repealed on July 1, 2014)
| 18 | | Sec. 70. Repealer. This Act is repealed on July 1, 2015 | 19 | | 2014 .
| 20 | | (Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
| 21 | | (50 ILCS 751/85) | 22 | | (Section scheduled to be repealed on July 1, 2014) | 23 | | Sec. 85. 9-1-1 Services Advisory Board. | 24 | | (a) There is hereby created the 9-1-1 Services Advisory |
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| 1 | | Board. The Board shall work with the Commission to determine | 2 | | the 9-1-1 costs necessary for every 9-1-1 system to adequately | 3 | | function and shall submit, by May 1, 2014, recommendations on | 4 | | whether there is a need to consolidate 9-1-1 functions to the | 5 | | General Assembly. The Board shall consist of 18 11 members with | 6 | | one member each appointed by the Speaker of the House of | 7 | | Representatives, the Minority Leader of the House of | 8 | | Representatives, the President of the Senate, and the Minority | 9 | | Leader of the Senate, and with the remainder appointed by the | 10 | | Governor as follows: | 11 | | (1) the Executive Director of the Illinois Commerce | 12 | | Commission, or his or her designee; | 13 | | (2) one member representing the Illinois chapter of the | 14 | | National Emergency Number Association; | 15 | | (3) one member representing the Illinois chapter of the | 16 | | Association of Public-Safety Communications Officials; | 17 | | (4) one member representing a county 9-1-1 system from | 18 | | a county with a population of 50,000 or less; | 19 | | (5) one member representing a county 9-1-1 system from | 20 | | a county with a population between 50,000 and 250,000; | 21 | | (6) one member representing a county 9-1-1 system from | 22 | | a county with a population of 250,000 or more; | 23 | | (7) one member representing an incumbent local | 24 | | exchange 9-1-1 system provider; | 25 | | (8) one member representing a non-incumbent local | 26 | | exchange 9-1-1 system provider; |
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| 1 | | (9) one member representing a large wireless carrier; | 2 | | (10) one member representing a small wireless carrier; | 3 | | and | 4 | | (11) one member representing the Illinois | 5 | | Telecommunications Association ; . | 6 | | (12) the Director of State Police, or his or her | 7 | | designee; | 8 | | (13) one member representing the Illinois Association | 9 | | of Chiefs of Police; and | 10 | | (14) one member representing the Illinois Sheriffs' | 11 | | Association. | 12 | | (b) The Board shall work with the Illinois Commerce | 13 | | Commission to submit, by April 1, 2015, to the General Assembly | 14 | | a plan for a statewide shared 9-1-1 network ("Statewide Next | 15 | | Generation 9-1-1") for all areas of the State outside of | 16 | | municipalities having a population of more than 500,000 to be | 17 | | governed by the Statewide 9-1-1 Administrator within the | 18 | | Department of State Police. The plan shall include, but not be | 19 | | limited to, recommendations as to the following: | 20 | | (1) the structure of the statewide network; | 21 | | (2) a plan and timeline for the transition to a | 22 | | statewide network; | 23 | | (3) consolidation of 9-1-1 systems and services; | 24 | | (4) a plan for the implementation of the Statewide Next | 25 | | Generation 9-1-1; | 26 | | (5) a list of costs for which the moneys from the |
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| 1 | | Wireless Service Emergency Fund should not be used; | 2 | | (6) the costs necessary for the 9-1-1 systems to | 3 | | adequately function; | 4 | | (7) the adequate amount of the wireless surcharge in | 5 | | order to support sufficient 9-1-1 services throughout the | 6 | | State; | 7 | | (8) a plan and timeline for the payment of past due | 8 | | Wireless Carrier Reimbursement Fund invoices to wireless | 9 | | carriers; and | 10 | | (9) the proper division of responsibilities between | 11 | | the Statewide 9-1-1 Administrator and the Illinois | 12 | | Commerce Commission for the oversight of funding | 13 | | distribution, technological standards, and system plan | 14 | | authorizations, modifications and consolidations going | 15 | | forward. | 16 | | (c) The Board is abolished on July 1, 2015 2014 .
| 17 | | (Source: P.A. 98-45, eff. 6-28-13; 98-602, eff. 12-6-13.) | 18 | | Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is | 19 | | amended by changing Section 15 as follows: | 20 | | (50 ILCS 753/15)
| 21 | | Sec. 15. Prepaid wireless 9-1-1 surcharge. | 22 | | (a) There is hereby imposed on consumers a prepaid wireless | 23 | | 9-1-1 surcharge of 1.5% per retail transaction.
The surcharge | 24 | | authorized by this subsection (a) does not apply in a home rule |
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| 1 | | municipality having a population in excess of 500,000. The | 2 | | amount of the surcharge may be reduced or increased pursuant to | 3 | | subsection (e). | 4 | | (a-5) On or after the effective date of this amendatory Act | 5 | | of the 98th General Assembly and until July 1, 2015, a home | 6 | | rule municipality having a population in excess of 500,000 on | 7 | | the effective date of this amendatory Act may impose a prepaid | 8 | | wireless 9-1-1 surcharge not to exceed 9% per retail | 9 | | transaction sourced to that jurisdiction and collected and | 10 | | remitted in accordance with the provisions of subsection (b-5) | 11 | | of this Section. On or after July 1, 2015, a A home rule | 12 | | municipality having a population in excess of 500,000 on the | 13 | | effective date of this Act may only impose a prepaid wireless | 14 | | 9-1-1 surcharge not to exceed 7% per retail transaction sourced | 15 | | to that jurisdiction and collected and remitted in accordance | 16 | | with the provisions of subsection (b-5). | 17 | | (b) The prepaid wireless 9-1-1 surcharge shall be collected | 18 | | by the seller from the consumer with respect to each retail | 19 | | transaction occurring in this State and shall be remitted to | 20 | | the Department by the seller as provided in this Act. The | 21 | | amount of the prepaid wireless 9-1-1 surcharge shall be | 22 | | separately stated as a distinct item apart from the charge for | 23 | | the prepaid wireless telecommunications service on an invoice, | 24 | | receipt, or other similar document that is provided to the | 25 | | consumer by the seller or shall be otherwise disclosed to the | 26 | | consumer.
If the seller does not separately state the surcharge |
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| 1 | | as a distinct item to the consumer as provided in this Section, | 2 | | then the seller shall maintain books and records as required by | 3 | | this Act which clearly identify the amount of the 9-1-1 | 4 | | surcharge for retail transactions. | 5 | | For purposes of this subsection (b), a retail transaction | 6 | | occurs in this State if (i) the retail transaction is made in | 7 | | person by a consumer at the seller's business location and the | 8 | | business is located within the State; (ii) the seller is a | 9 | | provider and sells prepaid wireless telecommunications service | 10 | | to a consumer located in Illinois; (iii) the retail transaction | 11 | | is treated as occurring in this State for purposes of the | 12 | | Retailers' Occupation Tax Act; or (iv) a seller that is | 13 | | included within the definition of a "retailer maintaining a | 14 | | place of business in this State" under Section 2 of the Use Tax | 15 | | Act makes a sale of prepaid wireless telecommunications service | 16 | | to a consumer located in Illinois. In the case of a retail | 17 | | transaction which does not occur in person at a seller's | 18 | | business location, if a consumer uses a credit card to purchase | 19 | | prepaid wireless telecommunications service on-line or over | 20 | | the telephone, and no product is shipped to the consumer, the | 21 | | transaction occurs in this State if the billing address for the | 22 | | consumer's credit card is in this State. | 23 | | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | 24 | | subsection (a-5) of this Section shall be collected by the | 25 | | seller from the consumer with respect to each retail | 26 | | transaction occurring in the municipality imposing the |
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| 1 | | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | 2 | | shall be separately stated on an invoice, receipt, or other | 3 | | similar document that is provided to the consumer by the seller | 4 | | or shall be otherwise disclosed to the consumer. If the seller | 5 | | does not separately state the surcharge as a distinct item to | 6 | | the consumer as provided in this Section, then the seller shall | 7 | | maintain books and records as required by this Act which | 8 | | clearly identify the amount of the 9-1-1 surcharge for retail | 9 | | transactions. | 10 | | For purposes of this subsection (b-5), a retail transaction | 11 | | occurs in the municipality if (i) the retail transaction is | 12 | | made in person by a consumer at the seller's business location | 13 | | and the business is located within the municipality; (ii) the | 14 | | seller is a provider and sells prepaid wireless | 15 | | telecommunications service to a consumer located in the | 16 | | municipality; (iii) the retail transaction is treated as | 17 | | occurring in the municipality for purposes of the Retailers' | 18 | | Occupation Tax Act; or (iv) a seller that is included within | 19 | | the definition of a "retailer maintaining a place of business | 20 | | in this State" under Section 2 of the Use Tax Act makes a sale | 21 | | of prepaid wireless telecommunications service to a consumer | 22 | | located in the municipality. In the case of a retail | 23 | | transaction which does not occur in person at a seller's | 24 | | business location, if a consumer uses a credit card to purchase | 25 | | prepaid wireless telecommunications service on-line or over | 26 | | the telephone, and no product is shipped to the consumer, the |
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| 1 | | transaction occurs in the municipality if the billing address | 2 | | for the consumer's credit card is in the municipality. | 3 | | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | 4 | | consumer and not on any provider. The seller shall be liable to | 5 | | remit all prepaid wireless 9-1-1 surcharges that the seller | 6 | | collects from consumers as provided in Section 20, including | 7 | | all such surcharges that the seller is deemed to collect where | 8 | | the amount of the surcharge has not been separately stated on | 9 | | an invoice, receipt, or other similar document provided to the | 10 | | consumer by the seller.
The surcharge collected or deemed | 11 | | collected by a seller shall constitute a debt owed by the | 12 | | seller to this State, and any such surcharge actually collected | 13 | | shall be held in trust for the benefit of the Department. | 14 | | For purposes of this subsection (c), the surcharge shall | 15 | | not be imposed or collected from entities that have an active | 16 | | tax exemption identification number issued by the Department | 17 | | under Section 1g of the Retailers' Occupation Tax Act. | 18 | | (d) The amount of the prepaid wireless 9-1-1 surcharge that | 19 | | is collected by a seller from a consumer, if such amount is | 20 | | separately stated on an invoice, receipt, or other similar | 21 | | document provided to the consumer by the seller, shall not be | 22 | | included in the base for measuring any tax, fee, surcharge, or | 23 | | other charge that is imposed by this State, any political | 24 | | subdivision of this State, or any intergovernmental agency.
| 25 | | (e) The prepaid wireless 9-1-1 charge imposed under | 26 | | subsection (a) of this Section shall be proportionately |
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| 1 | | increased or reduced, as applicable, upon any change to the | 2 | | surcharge imposed under Section 17 of the Wireless Emergency | 3 | | Telephone Safety Act. The adjusted rate shall be determined by | 4 | | dividing the amount of the surcharge imposed under Section 17 | 5 | | of the Wireless Emergency Telephone Safety Act by $50. Such | 6 | | increase or reduction shall be effective on the first day of | 7 | | the first calendar month to occur at least 60 days after the | 8 | | enactment of the change to the surcharge imposed under Section | 9 | | 17 of the Wireless Emergency Telephone Safety Act. The | 10 | | Department shall provide not less than 30 days' notice of an | 11 | | increase or reduction in the amount of the surcharge on the | 12 | | Department's website.
| 13 | | (e-5) Any changes in the rate of the surcharge imposed by a | 14 | | municipality under the authority granted in subsection (a-5) of | 15 | | this Section shall be effective on the first day of the first | 16 | | calendar month to occur at least 60 days after the enactment of | 17 | | the change. The Department shall provide not less than 30 days' | 18 | | notice of the increase or reduction in the rate of such | 19 | | surcharge on the Department's website. | 20 | | (f) When prepaid wireless telecommunications service is | 21 | | sold with one or more other products or services for a single, | 22 | | non-itemized price, then the percentage specified in | 23 | | subsection (a) or (a-5) of this Section 15 shall be applied to | 24 | | the entire non-itemized price unless the seller elects to apply | 25 | | the percentage to (i) the dollar amount of the prepaid wireless | 26 | | telecommunications service if that dollar amount is disclosed |
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| 1 | | to the consumer or (ii) the portion of the price that is | 2 | | attributable to the prepaid wireless telecommunications | 3 | | service if the retailer can identify that portion by reasonable | 4 | | and verifiable standards from its books and records that are | 5 | | kept in the regular course of business for other purposes, | 6 | | including, but not limited to, books and records that are kept | 7 | | for non-tax purposes. However, if a minimal amount of prepaid | 8 | | wireless telecommunications service is sold with a prepaid | 9 | | wireless device for a single, non-itemized price, then the | 10 | | seller may elect not to apply the percentage specified in | 11 | | subsection (a) or (a-5) of this Section 15 to such transaction. | 12 | | For purposes of this subsection, an amount of service | 13 | | denominated as 10 minutes or less or $5 or less is considered | 14 | | minimal.
| 15 | | (Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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