|
| Public Act 098-1167
|
| SB3265 Enrolled | LRB098 19701 JLK 54912 b |
|
|
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 Section 17 as follows:
|
(50 ILCS 751/17)
|
(Section scheduled to be repealed on July 1, 2015)
|
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, 2008 |
(the effective date of Public Act 95-698), the monthly |
surcharge imposed under this Section shall be $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
|
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 Illinois Commerce |
Commission for deposit with 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 one-third into the Wireless |
Carrier Reimbursement Fund
and two-thirds into the Wireless |
Service Emergency Fund. 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 $0.5825 per |
|
surcharge collected shall be deposited into the Wireless |
Service Emergency Fund. For surcharges collected and remitted |
on or after July 1, 2014, $0.05 per surcharge collected shall |
be deposited into the Wireless Carrier Reimbursement Fund, |
$0.66 per surcharge shall be deposited into the Wireless |
Service Emergency Fund, and $0.02 per surcharge collected shall |
be deposited into the Wireless Service Emergency Fund and |
distributed in equal amounts to each County Emergency Telephone |
System Board or qualified governmental entity Telephone Boards |
in counties with a population under 100,000 according to the |
most recent census data which is authorized by the Illinois |
Commerce Commission to serve as a primary wireless 9-1-1 public |
safety answering point for the county and to provide wireless |
9-1-1 service as prescribed by subsection (b) of Section 15 of |
this Act, and which does provide such service. 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 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 from
the |
Wireless Service Emergency Fund.
This information shall be |
updated no less often than every year. 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 |
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 |
report is delinquent; or |
(2) an amount equal to the product of 1/2¢ and the |
number of subscribers served by the wireless carrier. On |
and after July 1, 2014, an amount equal to the product of |
$0.01 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. A |
|
penalty imposed and collected in accordance with subsection (e) |
or this subsection (f) shall be deposited into the Wireless |
Service Emergency Fund for distribution according to Section 25 |
of this Act. Any penalty imposed under this subsection (f) is |
in addition to any other penalty imposed under this Section. |
(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 |
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 |
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; 98-634, eff. 6-6-14.)
|
