|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2161 Introduced , by Rep. Tom Cross - Donald L. Moffitt SYNOPSIS AS INTRODUCED:
|
| |
Amends the Wireless Emergency Telephone Safety Act. Makes a technical change in a Section regarding the Wireless Carrier Reimbursement Fund.
| |
| | |
| | A BILL FOR |
|
|
| | HB2161 | | LRB098 08772 OMW 38898 b |
|
|
| 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 Wireless Emergency Telephone Safety Act is |
| 5 | | amended by changing Section 35 as follows:
|
| 6 | | (50 ILCS 751/35)
|
| 7 | | (Section scheduled to be repealed on April 1, 2013)
|
| 8 | | Sec. 35. Wireless Carrier Reimbursement Fund; |
| 9 | | reimbursement. |
| 10 | | (a) To recover costs from the the Wireless Carrier |
| 11 | | Reimbursement Fund, the wireless
carrier shall submit sworn |
| 12 | | invoices to the Illinois Commerce Commission. In no event may |
| 13 | | any invoice for payment be approved for (i) costs
that are not |
| 14 | | related to compliance with the requirements established by the
|
| 15 | | wireless enhanced 9-1-1 mandates of the Federal Communications |
| 16 | | Commission, (ii)
costs with respect to any wireless enhanced |
| 17 | | 9-1-1 service that is not operable
at the time the invoice is |
| 18 | | submitted, or (iii) costs in excess of the sum of (A) the |
| 19 | | carrier's balance, as determined under subsection (e) of this |
| 20 | | Section, plus (B) 100% of the surcharge
remitted to the
|
| 21 | | Wireless Carrier Reimbursement Fund by the wireless carrier |
| 22 | | under Section
17(b) since the last annual review of the balance |
| 23 | | in the Wireless Carrier Reimbursement Fund under subsection (e) |
|
| | HB2161 | - 2 - | LRB098 08772 OMW 38898 b |
|
|
|
| 1 | | of this Section, less reimbursements paid to the carrier out of |
| 2 | | the Wireless Carrier Reimbursement Fund since the last annual |
| 3 | | review of the balance under subsection (e) of this Section, |
| 4 | | unless the wireless carrier received prior approval for the |
| 5 | | expenditures
from the Illinois Commerce Commission.
|
| 6 | | (b) If in any month the total amount of invoices submitted |
| 7 | | to the Illinois Commerce Commission and approved for payment |
| 8 | | exceeds the amount
available in the Wireless Carrier |
| 9 | | Reimbursement Fund, wireless carriers that
have invoices |
| 10 | | approved for payment shall receive a pro-rata share of the |
| 11 | | amount
available in the Wireless Carrier Reimbursement Fund |
| 12 | | based on the relative
amount of their approved invoices |
| 13 | | available that month, and the balance of
the payments shall be |
| 14 | | carried into the following months until all of the approved
|
| 15 | | payments
are made.
|
| 16 | | (c) A wireless carrier may not receive payment from the |
| 17 | | Wireless Carrier
Reimbursement Fund for its costs of providing |
| 18 | | wireless enhanced 9-1-1 services
in an area when a unit of |
| 19 | | local government or emergency telephone system board
provides |
| 20 | | wireless 9-1-1 services in that area and was imposing and |
| 21 | | collecting a
wireless carrier surcharge prior to July 1, 1998.
|
| 22 | | (d) The Illinois Commerce Commission shall maintain |
| 23 | | detailed records
of all receipts and disbursements and shall |
| 24 | | provide an annual accounting of all
receipts and disbursements |
| 25 | | to the Auditor General. |
| 26 | | (e) The Illinois Commerce Commission must annually review |
|
| | HB2161 | - 3 - | LRB098 08772 OMW 38898 b |
|
|
|
| 1 | | the balance in the Wireless Carrier Reimbursement Fund as of |
| 2 | | June 30 of each year and shall direct the Comptroller to |
| 3 | | transfer into the Wireless Services Emergency Fund for |
| 4 | | distribution in accordance with Section 25 of this Act any |
| 5 | | amount in excess of the amount of deposits into the Fund for |
| 6 | | the 24 months prior to June 30 less: |
| 7 | | (1) the amount of paid and payables received by June 30 |
| 8 | | for the 24 months prior to June 30 as determined eligible |
| 9 | | under subsection (a) of this Section; |
| 10 | | (2) the administrative costs associated with the Fund |
| 11 | | for the 24 months prior to June 30; and |
| 12 | | (3) the prorated portion of any other adjustments made |
| 13 | | to the Fund in the 24 months prior to June 30. |
| 14 | | After making the calculation required under this |
| 15 | | subsection (e), each carrier's available balance for purposes |
| 16 | | of reimbursements must be adjusted using the same calculation.
|
| 17 | | (f) The Illinois Commerce Commission shall adopt rules to |
| 18 | | govern the
reimbursement process.
|
| 19 | | (g) On January 1, 2008 (the effective date of Public Act |
| 20 | | 95-698), or as soon thereafter as practical, the State |
| 21 | | Comptroller shall order transferred and the State Treasurer |
| 22 | | shall transfer the sum of $8,000,000 from the Wireless Carrier |
| 23 | | Reimbursement Fund to the Wireless Service Emergency Fund. That |
| 24 | | amount shall be used by the Illinois Commerce Commission to |
| 25 | | make grants in the manner described in Section 25 of this Act. |
| 26 | | (Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876, |