Bill Text: IL HB5541 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Wireless Emergency Telephone Safety Act. Defines "Trust Fund". Provides that beginning January 1, 2013, (now, January 1, 2008) the monthly surcharge imposed on wireless carriers shall be $1.00, rather than $0.73. Removes provisions concerning amounts per surcharge to be deposited into specified funds. Requires the State Treasurer to deposit $0.80 per surcharge into the Wireless Service Emergency Fund for distribution to the 9-1-1 authorities and $0.18 per surcharge into the NG9-1-1 Service Equalization Trust Fund. Provides that 1% of the amounts collected may be distributed to the Illinois Commerce Commission to cover administrative costs. Further provides that in the case of a delinquent report, the Illinois Commerce Commission may impose a penalty on a carrier equal to the product of $0.1 (now, 1/2

Sponsorship: Slight Partisan Bill (Democrat 5-3)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5541 Detail]

Download: Illinois-2011-HB5541-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5541 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED:
50 ILCS 751/10
50 ILCS 751/17
50 ILCS 751/70
Amends the Wireless Emergency Telephone Safety Act. Defines "Trust Fund". Provides that beginning January 1, 2013, (now, January 1, 2008) the monthly surcharge imposed on wireless carriers shall be $1.00, rather than $0.73. Removes provisions concerning amounts per surcharge to be deposited into specified funds. Requires the State Treasurer to deposit $0.80 per surcharge into the Wireless Service Emergency Fund for distribution to the 9-1-1 authorities and $0.18 per surcharge into the NG9-1-1 Service Equalization Trust Fund. Provides that 1% of the amounts collected may be distributed to the Illinois Commerce Commission to cover administrative costs. Further provides that in the case of a delinquent report, the Illinois Commerce Commission may impose a penalty on a carrier equal to the product of $0.1 (now, 1/2�) and the number of subscribers served by the carrier, and that any penalty imposed shall be deposited into the NG9-1-1 Service Equalization Trust Fund. Provides that the Act is repealed on January 1, 2018 (now, April 1, 2013). Effective January 1, 2013.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wireless Emergency Telephone Safety Act is
amended by changing Sections 10, 17, and 70 as follows:
(50 ILCS 751/10)
(Section scheduled to be repealed on April 1, 2013)
Sec. 10. Definitions. In this Act:
"Emergency telephone system board" means a board appointed
by the corporate authorities of any county or municipality that
provides for the management and operation of a 9-1-1 system
within the scope of the duties and powers prescribed by the
Emergency Telephone System Act.
"Master street address guide" means the computerized
geographical database that consists of all street and address
data within a 9-1-1 system.
"Mobile telephone number" or "MTN" shall mean the telephone
number assigned to a wireless telephone at the time of initial
activation.
"Prepaid wireless telecommunications service" means
wireless telecommunications service that allows a caller to
dial 9-1-1 to access the 9-1-1 system, which service must be
paid for in advance and is sold in predetermined units or

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dollars which the amount declines with use in a known amount.
"Public safety agency" means a functional division of a
public agency that provides fire fighting, police, medical, or
other emergency services. For the purpose of providing wireless
service to users of 9-1-1 emergency services, as expressly
provided for in this Act, the Department of State Police may be
considered a public safety agency.
"Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to the
Emergency Telephone System Act where no emergency telephone
system board exists.
"Remit period" means the billing period, one month in
duration, for which a wireless carrier remits a surcharge and
provides subscriber information by zip code to the Illinois
Commerce Commission, in accordance with Section 17 of this Act.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity has not declared its intention
for one or more of its public safety answering points to serve
as a primary wireless 9-1-1 public safety answering point for
its jurisdiction. The operator of the statewide wireless
emergency 9-1-1 system shall be the Department of State Police.
"Trust Fund" means the NG9-1-1 Service Equalization Trust
Fund.
"Wireless carrier" means a provider of two-way cellular,

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broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and location
information from any mobile handset or text telephone device
accessing the wireless system to the designated wireless public
safety answering point as set forth in the order of the Federal
Communications Commission, FCC Docket No. 94-102, adopted June
12, 1996, with an effective date of October 1, 1996, and any
subsequent amendment thereto.
"Wireless public safety answering point" means the
functional division of an emergency telephone system board,
qualified governmental entity, or the Department of State
Police accepting wireless 9-1-1 calls.
"Wireless subscriber" means an individual or entity to whom
a wireless service account or number has been assigned by a
wireless carrier, other than an account or number associated
with prepaid wireless telecommunication service.

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(Source: P.A. 97-463, eff. 1-1-12.)
(50 ILCS 751/17)
(Section scheduled to be repealed on April 1, 2013)
Sec. 17. Wireless carrier surcharge.
(a) Except as provided in Sections 45 and 80, each wireless
carrier shall impose a monthly wireless carrier surcharge per
CMRS connection that either has a telephone number within an
area code assigned to Illinois by the North American Numbering
Plan Administrator or has a billing address in this State. No
wireless carrier shall impose the surcharge authorized by this
Section upon any subscriber who is subject to the surcharge
imposed by a unit of local government pursuant to Section 45.
Prior to January 1, 2008 (the effective date of Public Act
95-698), the surcharge amount shall be the amount set by the
Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2013
January 1, 2008 (the effective date of Public Act 95-698), the
monthly surcharge imposed under this Section shall be $1.00
$0.73 per CMRS connection. The wireless carrier that provides
wireless service to the subscriber shall collect the surcharge
from the subscriber. For mobile telecommunications services
provided on and after August 1, 2002, any surcharge imposed
under this Act shall be imposed based upon the municipality or
county that encompasses the customer's place of primary use as
defined in the Mobile Telecommunications Sourcing Conformity
Act. The surcharge shall be stated as a separate item on the

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subscriber's monthly bill. The wireless carrier shall begin
collecting the surcharge on bills issued within 90 days after
the Wireless Enhanced 9-1-1 Board sets the monthly wireless
surcharge. State and local taxes shall not apply to the
wireless carrier surcharge.
(b) Except as provided in Sections 45 and 80, a wireless
carrier shall, within 45 days of collection, remit, either by
check or by electronic funds transfer, to the State Treasurer
the amount of the wireless carrier surcharge collected from
each subscriber. Of the amounts remitted under this subsection
prior to January 1, 2008 (the effective date of Public Act
95-698), and for surcharges imposed before January 1, 2008 (the
effective date of Public Act 95-698) but remitted after January
1, 2008, the State Treasurer shall deposit $0.80 per surcharge
one-third into the Wireless Carrier Reimbursement Fund and
two-thirds into the Wireless Service Emergency Fund for
distribution to the 9-1-1 authorities, . For surcharges
collected and remitted on or after January 1, 2008 (the
effective date of Public Act 95-698), $0.1475 per surcharge
collected shall be deposited into the Wireless Carrier
Reimbursement Fund, and $0.18 $0.5825 per surcharge collected
shall be deposited into the Trust Fund Wireless Service
Emergency Fund. 1% of that Of the amounts deposited into the
Wireless Carrier Reimbursement Fund under this subsection,
$0.01 per surcharge collected may be distributed to the
carriers to cover their administrative costs. Of the amounts

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deposited into the Wireless Service Emergency Fund under this
subsection, $0.01 per surcharge collected may be disbursed to
the Illinois Commerce Commission to cover its administrative
costs.
(c) The first such remittance by wireless carriers shall
include the number of wireless subscribers by zip code, and the
9-digit zip code if currently being used or later implemented
by the carrier, that shall be the means by which the Illinois
Commerce Commission shall determine distributions to the 9-1-1
authorities from the Wireless Service Emergency Fund. This
information shall be updated no less often than every year, and
the resulting data shall be shared with the Illinois Next
Generation 9-1-1 Network (INGN). Wireless carriers are not
required to remit surcharge moneys that are billed to
subscribers but not yet collected. Any carrier that fails to
provide the zip code information required under this subsection
(c) shall be subject to the penalty set forth in subsection (f)
of this Section.
(d) Any funds collected under the Prepaid Wireless 9-1-1
Surcharge Act shall be distributed using a prorated method
based upon zip code information collected from post-paid
wireless carriers under subsection (c) of this Section.
(e) If before midnight on the last day of the third
calendar month after the closing date of the remit period a
wireless carrier does not remit the surcharge or any portion
thereof required under this Section, then the surcharge or

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portion thereof shall be deemed delinquent until paid in full,
and the Illinois Commerce Commission may impose a penalty
against the carrier in an amount equal to the greater of:
(1) $25 for each month or portion of a month from the
time an amount becomes delinquent until the amount is paid
in full; or
(2) an amount equal to the product of 1% and the sum of
all delinquent amounts for each month or portion of a month
that the delinquent amounts remain unpaid.
A penalty imposed in accordance with this subsection (e)
for a portion of a month during which the carrier provides the
number of subscribers by zip code as required under subsection
(c) of this Section shall be prorated for each day of that
month during which the carrier had not provided the number of
subscribers by zip code as required under subsection (c) of
this Section. Any penalty imposed under this subsection (e) is
in addition to the amount of the delinquency and is in addition
to any other penalty imposed under this Section.
(f) If, before midnight on the last day of the third
calendar month after the closing date of the remit period, a
wireless carrier does not provide the number of subscribers by
zip code as required under subsection (c) of this Section, then
the report is deemed delinquent and the Illinois Commerce
Commission may impose a penalty against the carrier in an
amount equal to the greater of:
(1) $25 for each month or portion of a month that the

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report is delinquent; or
(2) an amount equal to the product of $0.1 1/2� and the
number of subscribers served by the wireless carrier.
A penalty imposed in accordance with this subsection (f)
for a portion of a month during which the carrier pays the
delinquent amount in full shall be prorated for each day of
that month that the delinquent amount was paid in full. Any
penalty imposed under this subsection (f) is in addition to any
other penalty imposed under this Section. A penalty imposed
under this subsection shall be deposited into the Trust Fund.
(g) The Illinois Commerce Commission may enforce the
collection of any delinquent amount and any penalty due and
unpaid under this Section by legal action or in any other
manner by which the collection of debts due the State of
Illinois may be enforced under the laws of this State. The
Executive Director of the Illinois Commerce Commission, or his
or her designee, may excuse the payment of any penalty imposed
under this Section if the Executive Director, or his or her
designee, determines that the enforcement of this penalty is
unjust.
(h) Notwithstanding any provision of law to the contrary,
nothing shall impair the right of wireless carriers to recover
compliance costs for all emergency communications services
that are not reimbursed out of the Wireless Carrier
Reimbursement Fund directly from their wireless subscribers
via line-item charges on the wireless subscriber's bill. Those

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compliance costs include all costs incurred by wireless
carriers in complying with local, State, and federal regulatory
or legislative mandates that require the transmission and
receipt of emergency communications to and from the general
public, including, but not limited to, E-911.
(i) The Auditor General shall conduct, on an annual basis,
an audit of the Wireless Service Emergency Fund and the
Wireless Carrier Reimbursement Fund for compliance with the
requirements of this Act. The audit shall include, but not be
limited to, the following determinations:
(1) Whether the Commission is maintaining detailed
records of all receipts and disbursements from the Wireless
Carrier Emergency Fund and the Wireless Carrier
Reimbursement Fund.
(2) Whether the Commission's administrative costs
charged to the funds are adequately documented and are
reasonable.
(3) Whether the Commission's procedures for making
grants and providing reimbursements in accordance with the
Act are adequate.
(4) The status of the implementation of wireless 9-1-1
and E9-1-1 services in Illinois.
The Commission, the Department of State Police, and any
other entity or person that may have information relevant to
the audit shall cooperate fully and promptly with the Office of
the Auditor General in conducting the audit. The Auditor

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General shall commence the audit as soon as possible and
distribute the report upon completion in accordance with
Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 97-463, eff. 1-1-12.)
(50 ILCS 751/70)
(Section scheduled to be repealed on April 1, 2013)
Sec. 70. Repealer. This Act is repealed on January 1, 2018
April 1, 2013.
(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08.)
Section 99. Effective date. This Act takes effect January
1, 2013.