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Rep. Brandon W. Phelps
Filed: 5/29/2017
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| 1 | | AMENDMENT TO SENATE BILL 1839
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1839 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Emergency Telephone System Act is amended |
| 5 | | by changing Sections 15.3, 15.3a, and 99 as follows:
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| 6 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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| 7 | | (Section scheduled to be repealed on July 1, 2017)
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| 8 | | Sec. 15.3. Local non-wireless surcharge. |
| 9 | | (a) Except as provided in subsection (l) of this Section, |
| 10 | | the corporate authorities of any municipality or any
county |
| 11 | | may, subject to the limitations of subsections (c), (d), and |
| 12 | | (h),
and in addition to any tax levied pursuant to the |
| 13 | | Simplified Municipal
Telecommunications Tax Act, impose a |
| 14 | | monthly surcharge on billed subscribers
of network connection |
| 15 | | provided by telecommunication carriers engaged in the
business |
| 16 | | of transmitting messages by means of electricity originating |
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| 1 | | within
the corporate limits of the municipality or county |
| 2 | | imposing the surcharge at
a rate per network connection |
| 3 | | determined in accordance with subsection (c), however the |
| 4 | | monthly surcharge shall not apply to a network connection |
| 5 | | provided for use with pay telephone services.
Provided, |
| 6 | | however, that where multiple voice grade communications |
| 7 | | channels
are connected between the subscriber's premises and a |
| 8 | | public switched network
through private branch exchange (PBX) |
| 9 | | or centrex type service, a municipality
imposing a surcharge at |
| 10 | | a rate per network connection, as determined in
accordance with |
| 11 | | this Act, shall impose: |
| 12 | | (i) in a municipality with a population of 500,000 or |
| 13 | | less or in any county, 5 such surcharges per network
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| 14 | | connection, as determined in accordance with Section 2 |
| 15 | | subsections (a) and (d) of
Section 2.12 of this Act, for |
| 16 | | both regular service and advanced service provisioned |
| 17 | | trunk lines; |
| 18 | | (ii) in a municipality with a population, prior to |
| 19 | | March 1, 2010, of 500,000 or more, 5 surcharges per network |
| 20 | | connection, as determined in accordance
with Section 2 |
| 21 | | subsections (a) and (d) of Section 2.12 of this Act, for |
| 22 | | both regular service and advanced
service provisioned |
| 23 | | trunk lines; |
| 24 | | (iii) in a municipality with a population, as of March |
| 25 | | 1, 2010, of 500,000 or more, 5 surcharges per network |
| 26 | | connection, as determined in
accordance with Section 2 |
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| 1 | | subsections (a) and (d) of Section 2.12 of this Act, for |
| 2 | | regular service
provisioned trunk lines, and 12 surcharges |
| 3 | | per network connection, as determined in accordance
with |
| 4 | | Section 2 subsections (a) and (d) of Section 2.12 of this |
| 5 | | Act, for advanced service provisioned trunk
lines, except |
| 6 | | where an advanced service provisioned trunk line supports |
| 7 | | at least 2 but fewer
than 23 simultaneous voice grade calls |
| 8 | | ("VGC's"), a telecommunication carrier may
elect to impose |
| 9 | | fewer than 12 surcharges per trunk line as provided in |
| 10 | | subsection (iv)
of this Section; or |
| 11 | | (iv) for an advanced service provisioned trunk line |
| 12 | | connected between the
subscriber's premises and the public |
| 13 | | switched network through a P.B.X., where the advanced
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| 14 | | service provisioned trunk line is capable of transporting |
| 15 | | at least 2 but fewer than 23
simultaneous VGC's per trunk |
| 16 | | line, the telecommunications carrier collecting the |
| 17 | | surcharge
may elect to impose surcharges in accordance with |
| 18 | | the table provided in this Section, without limiting
any |
| 19 | | telecommunications carrier's obligations to otherwise keep |
| 20 | | and maintain records. Any
telecommunications carrier |
| 21 | | electing to impose fewer than 12 surcharges per an advanced
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| 22 | | service provisioned trunk line shall keep and maintain |
| 23 | | records adequately to demonstrate the
VGC capability of |
| 24 | | each advanced service provisioned trunk line with fewer |
| 25 | | than 12
surcharges imposed, provided that 12 surcharges |
| 26 | | shall be imposed on an advanced service
provisioned trunk |
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| 1 | | line regardless of the VGC capability where a |
| 2 | | telecommunications carrier
cannot demonstrate the VGC |
| 3 | | capability of the advanced service provisioned trunk line.
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| 4 | | Facility | VGC's | 911 Surcharges | |
| 5 | | Advanced service provisioned trunk line | 18-23 | 12 | |
| 6 | | Advanced service provisioned trunk line | 12-17 | 10 | |
| 7 | | Advanced service provisioned trunk line | 2-11 | 8 |
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| 8 | | Subsections (i), (ii), (iii), and (iv) are not intended to |
| 9 | | make any change in the meaning of this Section, but are |
| 10 | | intended to remove possible ambiguity, thereby confirming the |
| 11 | | intent of paragraph (a) as it existed prior to and following |
| 12 | | the effective date of this amendatory Act of the 97th General |
| 13 | | Assembly. |
| 14 | | For mobile telecommunications services, if a surcharge is |
| 15 | | imposed it shall be
imposed based upon the municipality or |
| 16 | | county that encompasses the customer's
place of primary use as |
| 17 | | defined in the Mobile Telecommunications Sourcing
Conformity |
| 18 | | Act. A municipality may enter into an intergovernmental
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| 19 | | agreement with any county in which it is partially located, |
| 20 | | when the county
has adopted an ordinance to impose a surcharge |
| 21 | | as provided in subsection
(c), to include that portion of the |
| 22 | | municipality lying outside the county
in that county's |
| 23 | | surcharge referendum. If the county's surcharge
referendum is |
| 24 | | approved, the portion of the municipality identified in the
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| 1 | | intergovernmental agreement shall automatically be |
| 2 | | disconnected from the
county in which it lies and connected to |
| 3 | | the county which approved the
referendum for purposes of a |
| 4 | | surcharge on telecommunications carriers.
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| 5 | | (b) For purposes of computing the surcharge imposed by |
| 6 | | subsection (a),
the network connections to which the surcharge |
| 7 | | shall apply shall be those
in-service network connections, |
| 8 | | other than those network connections
assigned to the |
| 9 | | municipality or county, where the service address for each
such |
| 10 | | network connection or connections is located within the |
| 11 | | corporate
limits of the municipality or county levying the |
| 12 | | surcharge. Except for mobile
telecommunication services, the |
| 13 | | "service address" shall mean the location of
the primary use of |
| 14 | | the network connection or connections. For mobile
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| 15 | | telecommunication services, "service address" means the |
| 16 | | customer's place of
primary use as defined in the Mobile |
| 17 | | Telecommunications Sourcing Conformity
Act.
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| 18 | | (c) Upon the passage of an ordinance to impose a surcharge |
| 19 | | under this
Section the clerk of the municipality or county |
| 20 | | shall certify the question
of whether the surcharge may be |
| 21 | | imposed to the proper election authority
who shall submit the |
| 22 | | public question to the electors of the municipality or
county |
| 23 | | in accordance with the general election law; provided that such
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| 24 | | question shall not be submitted at a consolidated primary |
| 25 | | election. The
public question shall be in substantially the |
| 26 | | following form:
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| 1 | | -------------------------------------------------------------
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| 2 | | Shall the county (or city, village
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| 3 | | or incorporated town) of ..... impose YES
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| 4 | | a surcharge of up to ...¢ per month per
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| 5 | | network connection, which surcharge will
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| 6 | | be added to the monthly bill you receive ------------------
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| 7 | | for telephone or telecommunications
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| 8 | | charges, for the purpose of installing
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| 9 | | (or improving) a 9-1-1 Emergency NO
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| 10 | | Telephone System?
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| 11 | | -------------------------------------------------------------
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| 12 | | If a majority of the votes cast upon the public question |
| 13 | | are in favor
thereof, the surcharge shall be imposed.
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| 14 | | However, if a Joint Emergency Telephone System Board is to |
| 15 | | be created
pursuant to an intergovernmental agreement under |
| 16 | | Section 15.4, the
ordinance to impose the surcharge shall be |
| 17 | | subject to the approval of a
majority of the total number of |
| 18 | | votes cast upon the public question by the
electors of all of |
| 19 | | the municipalities or counties, or combination thereof,
that |
| 20 | | are parties to the intergovernmental agreement.
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| 21 | | The referendum requirement of this subsection (c) shall not |
| 22 | | apply
to any municipality with a population over 500,000 or to |
| 23 | | any
county in which a proposition as to whether a sophisticated |
| 24 | | 9-1-1 Emergency
Telephone System should be installed in the |
| 25 | | county, at a cost not to
exceed a specified monthly amount per |
| 26 | | network connection, has previously
been approved by a majority |
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| 1 | | of the electors of the county voting on the
proposition at an |
| 2 | | election conducted before the effective date of this
amendatory |
| 3 | | Act of 1987.
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| 4 | | (d) A county may not impose a surcharge, unless requested |
| 5 | | by a
municipality, in any incorporated area which has |
| 6 | | previously approved a
surcharge as provided in subsection (c) |
| 7 | | or in any incorporated area where
the corporate authorities of |
| 8 | | the municipality have previously entered into
a binding |
| 9 | | contract or letter of intent with a telecommunications carrier |
| 10 | | to
provide sophisticated 9-1-1 service through municipal |
| 11 | | funds.
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| 12 | | (e) A municipality or county may at any time by ordinance |
| 13 | | change the
rate of the surcharge imposed under this Section if |
| 14 | | the new rate does not
exceed the rate specified in the |
| 15 | | referendum held pursuant to subsection (c).
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| 16 | | (f) The surcharge authorized by this Section shall be |
| 17 | | collected from
the subscriber by the telecommunications |
| 18 | | carrier providing the subscriber
the network connection as a |
| 19 | | separately stated item on the subscriber's bill.
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| 20 | | (g) The amount of surcharge collected by the |
| 21 | | telecommunications carrier
shall be paid to the particular |
| 22 | | municipality or county or Joint Emergency
Telephone System |
| 23 | | Board not later than 30 days after the surcharge is
collected, |
| 24 | | net of any network or other 9-1-1 or sophisticated 9-1-1 system
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| 25 | | charges then due the particular telecommunications carrier, as |
| 26 | | shown on an
itemized bill. The telecommunications carrier |
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| 1 | | collecting the surcharge
shall also be entitled to deduct 3% of |
| 2 | | the gross amount of surcharge
collected to reimburse the |
| 3 | | telecommunications carrier for the expense of
accounting and |
| 4 | | collecting the surcharge.
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| 5 | | (h) Except as expressly provided in subsection (a) of this |
| 6 | | Section, on or after the effective date of this amendatory Act |
| 7 | | of the 98th General Assembly and until December 31, 2020 July |
| 8 | | 1, 2017, a municipality with a population of 500,000 or more |
| 9 | | shall not impose a monthly surcharge per network connection in |
| 10 | | excess of the highest monthly surcharge imposed as of January |
| 11 | | 1, 2014 by any county or municipality under subsection (c) of |
| 12 | | this Section. On or after December 31, 2020 July 1, 2017, a
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| 13 | | municipality with a population over 500,000 may not impose a
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| 14 | | monthly surcharge in excess of $2.50
per network connection.
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| 15 | | (i) Any municipality or county or joint emergency telephone |
| 16 | | system
board that has imposed a surcharge pursuant to this |
| 17 | | Section prior to the
effective date of this amendatory Act of |
| 18 | | 1990 shall hereafter impose the
surcharge in accordance with |
| 19 | | subsection (b) of this Section.
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| 20 | | (j) The corporate authorities of any municipality or county |
| 21 | | may issue,
in accordance with Illinois law, bonds, notes or |
| 22 | | other obligations secured
in whole or in part by the proceeds |
| 23 | | of the surcharge described in this
Section.
The State of |
| 24 | | Illinois pledges and agrees that it will not limit or alter
the |
| 25 | | rights and powers vested in municipalities and counties by this |
| 26 | | Section
to impose the surcharge so as to impair the terms of or |
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| 1 | | affect the
security for bonds, notes or other obligations |
| 2 | | secured in whole or in part
with the proceeds of the surcharge |
| 3 | | described in this Section. The pledge and agreement set forth |
| 4 | | in this Section survive the termination of the surcharge under |
| 5 | | subsection (l) by virtue of the replacement of the surcharge |
| 6 | | monies guaranteed under Section 20; the State of Illinois |
| 7 | | pledges and agrees that it will not limit or alter the rights |
| 8 | | vested in municipalities and counties to the surcharge |
| 9 | | replacement funds guaranteed under Section 20 so as to impair |
| 10 | | the terms of or affect the security for bonds, notes or other |
| 11 | | obligations secured in whole or in part with the proceeds of |
| 12 | | the surcharge described in this Section.
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| 13 | | (k) Any surcharge collected by or imposed on a |
| 14 | | telecommunications
carrier pursuant to this Section shall be |
| 15 | | held to be a special fund in
trust for the municipality, county |
| 16 | | or Joint Emergency Telephone Board
imposing the surcharge. |
| 17 | | Except for the 3% deduction provided in subsection
(g) above, |
| 18 | | the special fund shall not be subject to the claims of
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| 19 | | creditors of the telecommunication carrier.
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| 20 | | (l) On and after the effective date of this amendatory Act |
| 21 | | of the 99th General Assembly, no county or municipality, other |
| 22 | | than a municipality with a population over 500,000, may impose |
| 23 | | a monthly surcharge under this Section in excess of the amount |
| 24 | | imposed by it on the effective date of this Act. Any surcharge |
| 25 | | imposed pursuant to this Section by a county or municipality, |
| 26 | | other than a municipality with a population in excess of |
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| 1 | | 500,000, shall cease to be imposed on January 1, 2016. |
| 2 | | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
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| 3 | | (50 ILCS 750/15.3a) |
| 4 | | (Section scheduled to be repealed on July 1, 2017) |
| 5 | | Sec. 15.3a. Local wireless surcharge. |
| 6 | | (a) Notwithstanding any other provision of this Act, a unit |
| 7 | | of local government or emergency telephone system board |
| 8 | | providing wireless 9-1-1 service and imposing and collecting a |
| 9 | | wireless carrier surcharge prior to July 1, 1998 may continue |
| 10 | | its practices of imposing and collecting its wireless carrier |
| 11 | | surcharge, but, except as provided in subsection (b) of this |
| 12 | | Section, in no event shall that monthly surcharge exceed $2.50 |
| 13 | | per commercial mobile radio service (CMRS) connection or |
| 14 | | in-service telephone number billed on a monthly basis. For |
| 15 | | mobile telecommunications services provided on and after |
| 16 | | August 1, 2002, any surcharge imposed shall be imposed based |
| 17 | | upon the municipality or county that encompasses the customer's |
| 18 | | place of primary use as defined in the Mobile |
| 19 | | Telecommunications Sourcing Conformity Act. |
| 20 | | (b) Until December 31, 2020 July 1, 2017, the corporate |
| 21 | | authorities of a municipality with a population in excess of |
| 22 | | 500,000 on the effective date of this amendatory Act of the |
| 23 | | 99th General Assembly may by ordinance continue to impose and |
| 24 | | collect a monthly surcharge per commercial mobile radio service |
| 25 | | (CMRS) connection or in-service telephone number billed on a |
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| 1 | | monthly basis that does not exceed the highest monthly |
| 2 | | surcharge imposed as of January 1, 2014 by any county or |
| 3 | | municipality under subsection (c) of Section 15.3 of this Act. |
| 4 | | On or after December 31, 2020 July 1, 2017, the municipality |
| 5 | | may continue imposing and collecting its wireless carrier |
| 6 | | surcharge as provided in and subject to the limitations of |
| 7 | | subsection (a) of this Section. |
| 8 | | (c) In addition to any other lawful purpose, a municipality |
| 9 | | with a population over 500,000 may use the moneys collected |
| 10 | | under this Section for any anti-terrorism or emergency |
| 11 | | preparedness measures, including, but not limited to, |
| 12 | | preparedness planning, providing local matching funds for |
| 13 | | federal or State grants, personnel training, and specialized |
| 14 | | equipment, including surveillance cameras, as needed to deal |
| 15 | | with natural and terrorist-inspired emergency situations or |
| 16 | | events.
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| 17 | | (Source: P.A. 99-6, eff. 1-1-16.)
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| 18 | | (50 ILCS 750/99) |
| 19 | | (Section scheduled to be repealed on July 1, 2017) |
| 20 | | Sec. 99. Repealer. This Act is repealed on December 31, |
| 21 | | 2020 July 1, 2017.
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| 22 | | (Source: P.A. 99-6, eff. 6-29-15.)
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| 23 | | Section 15. The Prepaid Wireless 9-1-1 Surcharge Act is |
| 24 | | amended by changing Section 15 as follows:
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| 1 | | (50 ILCS 753/15)
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| 2 | | Sec. 15. Prepaid wireless 9-1-1 surcharge. |
| 3 | | (a) Until September 30, 2015, there is hereby imposed on |
| 4 | | consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail |
| 5 | | transaction. Beginning October 1, 2015, the prepaid wireless |
| 6 | | 9-1-1 surcharge shall be 3% per retail transaction.
The |
| 7 | | surcharge authorized by this subsection (a) does not apply in a |
| 8 | | home rule municipality having a population in excess of |
| 9 | | 500,000. |
| 10 | | (a-5) On or after the effective date of this amendatory Act |
| 11 | | of the 98th General Assembly and until December 31, 2020 July |
| 12 | | 1, 2017, a home rule municipality having a population in excess |
| 13 | | of 500,000 on the effective date of this amendatory Act may |
| 14 | | impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per |
| 15 | | retail transaction sourced to that jurisdiction and collected |
| 16 | | and remitted in accordance with the provisions of subsection |
| 17 | | (b-5) of this Section. On or after December 31, 2020 July 1, |
| 18 | | 2017, a home rule municipality having a population in excess of |
| 19 | | 500,000 on the effective date of this Act may only impose a |
| 20 | | prepaid wireless 9-1-1 surcharge not to exceed 7% per retail |
| 21 | | transaction sourced to that jurisdiction and collected and |
| 22 | | remitted in accordance with the provisions of subsection (b-5). |
| 23 | | (b) The prepaid wireless 9-1-1 surcharge shall be collected |
| 24 | | by the seller from the consumer with respect to each retail |
| 25 | | transaction occurring in this State and shall be remitted to |
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| 1 | | the Department by the seller as provided in this Act. The |
| 2 | | amount of the prepaid wireless 9-1-1 surcharge shall be |
| 3 | | separately stated as a distinct item apart from the charge for |
| 4 | | the prepaid wireless telecommunications service on an invoice, |
| 5 | | receipt, or other similar document that is provided to the |
| 6 | | consumer by the seller or shall be otherwise disclosed to the |
| 7 | | consumer.
If the seller does not separately state the surcharge |
| 8 | | as a distinct item to the consumer as provided in this Section, |
| 9 | | then the seller shall maintain books and records as required by |
| 10 | | this Act which clearly identify the amount of the 9-1-1 |
| 11 | | surcharge for retail transactions. |
| 12 | | For purposes of this subsection (b), a retail transaction |
| 13 | | occurs in this State if (i) the retail transaction is made in |
| 14 | | person by a consumer at the seller's business location and the |
| 15 | | business is located within the State; (ii) the seller is a |
| 16 | | provider and sells prepaid wireless telecommunications service |
| 17 | | to a consumer located in Illinois; (iii) the retail transaction |
| 18 | | is treated as occurring in this State for purposes of the |
| 19 | | Retailers' Occupation Tax Act; or (iv) a seller that is |
| 20 | | included within the definition of a "retailer maintaining a |
| 21 | | place of business in this State" under Section 2 of the Use Tax |
| 22 | | Act makes a sale of prepaid wireless telecommunications service |
| 23 | | to a consumer located in Illinois. In the case of a retail |
| 24 | | transaction which does not occur in person at a seller's |
| 25 | | business location, if a consumer uses a credit card to purchase |
| 26 | | prepaid wireless telecommunications service on-line or over |
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| 1 | | the telephone, and no product is shipped to the consumer, the |
| 2 | | transaction occurs in this State if the billing address for the |
| 3 | | consumer's credit card is in this State. |
| 4 | | (b-5) The prepaid wireless 9-1-1 surcharge imposed under |
| 5 | | subsection (a-5) of this Section shall be collected by the |
| 6 | | seller from the consumer with respect to each retail |
| 7 | | transaction occurring in the municipality imposing the |
| 8 | | surcharge. The amount of the prepaid wireless 9-1-1 surcharge |
| 9 | | shall be separately stated on an invoice, receipt, or other |
| 10 | | similar document that is provided to the consumer by the seller |
| 11 | | or shall be otherwise disclosed to the consumer. If the seller |
| 12 | | does not separately state the surcharge as a distinct item to |
| 13 | | the consumer as provided in this Section, then the seller shall |
| 14 | | maintain books and records as required by this Act which |
| 15 | | clearly identify the amount of the 9-1-1 surcharge for retail |
| 16 | | transactions. |
| 17 | | For purposes of this subsection (b-5), a retail transaction |
| 18 | | occurs in the municipality if (i) the retail transaction is |
| 19 | | made in person by a consumer at the seller's business location |
| 20 | | and the business is located within the municipality; (ii) the |
| 21 | | seller is a provider and sells prepaid wireless |
| 22 | | telecommunications service to a consumer located in the |
| 23 | | municipality; (iii) the retail transaction is treated as |
| 24 | | occurring in the municipality for purposes of the Retailers' |
| 25 | | Occupation Tax Act; or (iv) a seller that is included within |
| 26 | | the definition of a "retailer maintaining a place of business |
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| 1 | | in this State" under Section 2 of the Use Tax Act makes a sale |
| 2 | | of prepaid wireless telecommunications service to a consumer |
| 3 | | located in the municipality. In the case of a retail |
| 4 | | transaction which does not occur in person at a seller's |
| 5 | | business location, if a consumer uses a credit card to purchase |
| 6 | | prepaid wireless telecommunications service on-line or over |
| 7 | | the telephone, and no product is shipped to the consumer, the |
| 8 | | transaction occurs in the municipality if the billing address |
| 9 | | for the consumer's credit card is in the municipality. |
| 10 | | (c) The prepaid wireless 9-1-1 surcharge is imposed on the |
| 11 | | consumer and not on any provider. The seller shall be liable to |
| 12 | | remit all prepaid wireless 9-1-1 surcharges that the seller |
| 13 | | collects from consumers as provided in Section 20, including |
| 14 | | all such surcharges that the seller is deemed to collect where |
| 15 | | the amount of the surcharge has not been separately stated on |
| 16 | | an invoice, receipt, or other similar document provided to the |
| 17 | | consumer by the seller.
The surcharge collected or deemed |
| 18 | | collected by a seller shall constitute a debt owed by the |
| 19 | | seller to this State, and any such surcharge actually collected |
| 20 | | shall be held in trust for the benefit of the Department. |
| 21 | | For purposes of this subsection (c), the surcharge shall |
| 22 | | not be imposed or collected from entities that have an active |
| 23 | | tax exemption identification number issued by the Department |
| 24 | | under Section 1g of the Retailers' Occupation Tax Act. |
| 25 | | (d) The amount of the prepaid wireless 9-1-1 surcharge that |
| 26 | | is collected by a seller from a consumer, if such amount is |
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| 1 | | separately stated on an invoice, receipt, or other similar |
| 2 | | document provided to the consumer by the seller, shall not be |
| 3 | | included in the base for measuring any tax, fee, surcharge, or |
| 4 | | other charge that is imposed by this State, any political |
| 5 | | subdivision of this State, or any intergovernmental agency.
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| 6 | | (e) (Blank).
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| 7 | | (e-5) Any changes in the rate of the surcharge imposed by a |
| 8 | | municipality under the authority granted in subsection (a-5) of |
| 9 | | this Section shall be effective on the first day of the first |
| 10 | | calendar month to occur at least 60 days after the enactment of |
| 11 | | the change. The Department shall provide not less than 30 days' |
| 12 | | notice of the increase or reduction in the rate of such |
| 13 | | surcharge on the Department's website. |
| 14 | | (f) When prepaid wireless telecommunications service is |
| 15 | | sold with one or more other products or services for a single, |
| 16 | | non-itemized price, then the percentage specified in |
| 17 | | subsection (a) or (a-5) of this Section 15 shall be applied to |
| 18 | | the entire non-itemized price unless the seller elects to apply |
| 19 | | the percentage to (i) the dollar amount of the prepaid wireless |
| 20 | | telecommunications service if that dollar amount is disclosed |
| 21 | | to the consumer or (ii) the portion of the price that is |
| 22 | | attributable to the prepaid wireless telecommunications |
| 23 | | service if the retailer can identify that portion by reasonable |
| 24 | | and verifiable standards from its books and records that are |
| 25 | | kept in the regular course of business for other purposes, |
| 26 | | including, but not limited to, books and records that are kept |
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| 1 | | for non-tax purposes. However, if a minimal amount of prepaid |
| 2 | | wireless telecommunications service is sold with a prepaid |
| 3 | | wireless device for a single, non-itemized price, then the |
| 4 | | seller may elect not to apply the percentage specified in |
| 5 | | subsection (a) or (a-5) of this Section 15 to such transaction. |
| 6 | | For purposes of this subsection, an amount of service |
| 7 | | denominated as 10 minutes or less or $5 or less is considered |
| 8 | | minimal.
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| 9 | | (g) The prepaid wireless 9-1-1 surcharge imposed under |
| 10 | | subsections (a) and (a-5) of this Section is not imposed on the |
| 11 | | provider or the consumer for wireless Lifeline service where |
| 12 | | the consumer does not pay the provider for the service. Where |
| 13 | | the consumer purchases from the provider optional minutes, |
| 14 | | texts, or other services in addition to the federally funded |
| 15 | | Lifeline benefit, a consumer must pay the prepaid wireless |
| 16 | | 9-1-1 surcharge, and it must be collected by the seller |
| 17 | | according to subsection (b-5). |
| 18 | | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
|
| 19 | | Section 20. The Public Utilities Act is amended by changing |
| 20 | | Sections 13-1200, 21-1601, 21-401, and 21-1601 as follows:
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| 21 | | (220 ILCS 5/13-1200) |
| 22 | | (Section scheduled to be repealed on July 1, 2017) |
| 23 | | Sec. 13-1200. Repealer. This Article is repealed December |
| 24 | | 31, 2020 July 1, 2017. |
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| 1 | | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
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| 2 | | (220 ILCS 5/21-401) |
| 3 | | (Section scheduled to be repealed on July 1, 2017) |
| 4 | | Sec. 21-401. Applications. |
| 5 | | (a)(1) A person or entity seeking to provide cable service |
| 6 | | or video service pursuant to this Article shall not use the |
| 7 | | public rights-of-way for the installation or construction of |
| 8 | | facilities for the provision of cable service or video service |
| 9 | | or offer cable service or video service until it has obtained a |
| 10 | | State-issued authorization to offer or provide cable or video |
| 11 | | service under this Section, except as provided for in item (2) |
| 12 | | of this subsection (a). All cable or video providers offering |
| 13 | | or providing service in this State shall have authorization |
| 14 | | pursuant to either (i) the Cable and Video Competition Law of |
| 15 | | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the |
| 16 | | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section |
| 17 | | 5-1095 of the Counties Code (55 ILCS 5/5-1095). |
| 18 | | (2) Nothing in this Section shall prohibit a local unit of |
| 19 | | government from granting a permit to a person or entity for the |
| 20 | | use of the public rights-of-way to install or construct |
| 21 | | facilities to provide cable service or video service, at its |
| 22 | | sole discretion. No unit of local government shall be liable |
| 23 | | for denial or delay of a permit prior to the issuance of a |
| 24 | | State-issued authorization. |
| 25 | | (b) The application to the Commission for State-issued |
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| 1 | | authorization shall contain a completed affidavit submitted by |
| 2 | | the applicant and signed by an officer or general partner of |
| 3 | | the applicant affirming all of the following: |
| 4 | | (1) That the applicant has filed or will timely file |
| 5 | | with the Federal Communications Commission all forms |
| 6 | | required by that agency in advance of offering cable |
| 7 | | service or video service in this State. |
| 8 | | (2) That the applicant agrees to comply with all |
| 9 | | applicable federal and State statutes and regulations. |
| 10 | | (3) That the applicant agrees to comply with all |
| 11 | | applicable local unit of government regulations. |
| 12 | | (4) An exact description of the cable service or video |
| 13 | | service area where the cable service or video service will |
| 14 | | be offered during the term of the State-issued |
| 15 | | authorization. The service area shall be identified in |
| 16 | | terms of either (i) exchanges, as that term is defined in |
| 17 | | Section 13-206 of this Act; (ii) a collection of United |
| 18 | | States Census Bureau Block numbers (13 digit); (iii) if the |
| 19 | | area is smaller than the areas identified in either (i) or |
| 20 | | (ii), by geographic information system digital boundaries |
| 21 | | meeting or exceeding national map accuracy standards; or |
| 22 | | (iv) local unit of government. The description shall |
| 23 | | include the number of low-income households within the |
| 24 | | service area or footprint. If an applicant is an incumbent |
| 25 | | cable operator, the incumbent cable operator and any |
| 26 | | successor-in-interest shall be obligated to provide access |
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| 1 | | to cable services or video services within any local units |
| 2 | | of government at the same levels required by the local |
| 3 | | franchising authorities for the local unit of government on |
| 4 | | June 30, 2007
(the effective date of Public Act 95-9),
and |
| 5 | | its application shall provide a description of an area no |
| 6 | | smaller than the service areas contained in its franchise |
| 7 | | or franchises
within the jurisdiction of the local unit of |
| 8 | | government in which it seeks to offer cable or video |
| 9 | | service. |
| 10 | | (5) The location and telephone number of the |
| 11 | | applicant's principal place of business within this State |
| 12 | | and the names of the applicant's principal executive |
| 13 | | officers who are responsible for communications concerning |
| 14 | | the application and the services to be offered pursuant to |
| 15 | | the application, the applicant's legal name, and any name |
| 16 | | or names under which the applicant does or will provide |
| 17 | | cable services or video services in this State. |
| 18 | | (6) A certification that the applicant has |
| 19 | | concurrently delivered a copy of the application to all |
| 20 | | local units of government that include all or any part of |
| 21 | | the service area identified in item (4) of this subsection |
| 22 | | (b)
within such local unit of government's jurisdictional |
| 23 | | boundaries. |
| 24 | | (7) The expected date that cable service or video |
| 25 | | service will be initially offered in the area identified in |
| 26 | | item (4) of this subsection (b). In the event that a holder |
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| 1 | | does not offer cable services or video services within 3
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| 2 | | months after the expected date, it shall amend its |
| 3 | | application and update the expected date service will be |
| 4 | | offered and explain the delay in offering cable services or |
| 5 | | video services. |
| 6 | | (8) For any entity that received State-issued |
| 7 | | authorization prior to this amendatory Act of the 98th |
| 8 | | General Assembly as a cable operator and that intends to |
| 9 | | proceed as a cable operator under this Article, the entity |
| 10 | | shall file a written affidavit with the Commission and |
| 11 | | shall serve a copy of the affidavit with any local units of |
| 12 | | government affected by the authorization within 30 days |
| 13 | | after the effective date of this amendatory Act of the 98th |
| 14 | | General Assembly stating that the holder will be providing |
| 15 | | cable service under the State-issued authorization. |
| 16 | | The application shall include adequate assurance that the |
| 17 | | applicant possesses the financial, managerial, legal, and |
| 18 | | technical qualifications necessary to construct and operate |
| 19 | | the proposed system, to promptly repair any damage to the |
| 20 | | public right-of-way caused by the applicant, and to pay the |
| 21 | | cost of removal of its facilities. To accomplish these |
| 22 | | requirements, the applicant may, at the time the applicant |
| 23 | | seeks to use the public rights-of-way in that jurisdiction, be |
| 24 | | required by the State of Illinois or
later be required by the |
| 25 | | local unit of government, or both, to post a bond, produce a |
| 26 | | certificate of insurance, or otherwise demonstrate its |
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| 1 | | financial responsibility. |
| 2 | | The application shall include the applicant's general |
| 3 | | standards related to customer service required by Section |
| 4 | | 22-501 of this Act, which shall include, but not be limited to, |
| 5 | | installation, disconnection, service and repair obligations; |
| 6 | | appointment hours; employee ID requirements; customer service |
| 7 | | telephone numbers and hours; procedures for billing, charges, |
| 8 | | deposits, refunds, and credits; procedures for termination of |
| 9 | | service; notice of deletion of programming service and changes |
| 10 | | related to transmission of programming or changes or increases |
| 11 | | in rates; use and availability of parental control or lock-out |
| 12 | | devices; complaint procedures and procedures for bill dispute |
| 13 | | resolution and a description of the rights and remedies |
| 14 | | available to consumers if the holder does not materially meet |
| 15 | | their customer service standards; and special services for |
| 16 | | customers with visual, hearing, or mobility disabilities. |
| 17 | | (c)(1) The applicant may designate information that it |
| 18 | | submits in its application or subsequent reports as |
| 19 | | confidential or proprietary, provided that the applicant |
| 20 | | states the reasons the confidential designation is necessary. |
| 21 | | The Commission shall provide adequate protection for such |
| 22 | | information pursuant to Section 4-404 of this Act. If the |
| 23 | | Commission, a local unit of government, or any other party |
| 24 | | seeks public disclosure of information designated as |
| 25 | | confidential, the Commission shall consider the confidential |
| 26 | | designation in a proceeding under the Illinois Administrative |
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| 1 | | Procedure
Act, and the burden of proof to demonstrate that the |
| 2 | | designated information is confidential shall be upon the |
| 3 | | applicant. Designated information shall remain confidential |
| 4 | | pending the Commission's determination of whether the |
| 5 | | information is entitled to confidential treatment. Information |
| 6 | | designated as confidential shall be provided to local units of |
| 7 | | government for purposes of assessing compliance with this |
| 8 | | Article as permitted under a Protective Order issued by the |
| 9 | | Commission pursuant to the Commission's rules and to the |
| 10 | | Attorney General pursuant to Section 6.5 of the Attorney |
| 11 | | General Act
(15 ILCS 205/6.5). Information designated as |
| 12 | | confidential under this Section or determined to be |
| 13 | | confidential upon Commission review shall only be disclosed |
| 14 | | pursuant to a valid and enforceable subpoena or court order or |
| 15 | | as required by the Freedom of Information Act. Nothing herein |
| 16 | | shall delay the application approval timeframes set forth in |
| 17 | | this Article. |
| 18 | | (2) Information regarding the location of video services |
| 19 | | that have been or are being offered to the public and aggregate |
| 20 | | information included in the reports required by this Article |
| 21 | | shall not be designated or treated as confidential. |
| 22 | | (d)(1) The Commission shall post all applications it |
| 23 | | receives under this Article on its web site within 5
business |
| 24 | | days. |
| 25 | | (2) The Commission shall notify an applicant for a cable |
| 26 | | service or video service authorization whether the applicant's |
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| 1 | | application and affidavit are complete on or before the 15th |
| 2 | | business day after the applicant submits the application. If |
| 3 | | the application and affidavit are not complete, the Commission |
| 4 | | shall state in its notice all of the reasons the application or |
| 5 | | affidavit are incomplete, and the applicant shall resubmit a |
| 6 | | complete application. The Commission shall have 30 days after |
| 7 | | submission by the applicant of a complete application and |
| 8 | | affidavit to issue the service authorization. If the Commission |
| 9 | | does not notify the applicant regarding the completeness of the |
| 10 | | application and affidavit or issue the service authorization |
| 11 | | within the time periods required under this subsection, the |
| 12 | | application and affidavit shall be considered complete and the |
| 13 | | service authorization issued upon the expiration of the 30th |
| 14 | | day. |
| 15 | | (e) Any authorization issued by the Commission will expire |
| 16 | | on December 31, 2023 2020 and shall contain or include all of |
| 17 | | the following: |
| 18 | | (1) A grant of authority, including an authorization |
| 19 | | issued prior to this amendatory Act of the 98th General |
| 20 | | Assembly, to provide cable service or video service in the |
| 21 | | service area footprint as requested in the application, |
| 22 | | subject to the provisions of this Article in existence on |
| 23 | | the date the grant of authority was issued, and any |
| 24 | | modifications to this Article enacted at any time prior to |
| 25 | | the date in Section 21-1601 of this Act, and to the laws of |
| 26 | | the State and the ordinances, rules, and regulations of the |
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| 1 | | local units of government. |
| 2 | | (2) A grant of authority to use, occupy, and construct |
| 3 | | facilities in the public rights-of-way for the delivery of |
| 4 | | cable service or video service in the service area |
| 5 | | footprint, subject to the laws, ordinances, rules, or |
| 6 | | regulations of this State and local units of governments. |
| 7 | | (3) A statement that the grant of authority is subject |
| 8 | | to lawful operation of the cable service or video service |
| 9 | | by the applicant, its affiliated entities, or its |
| 10 | | successors-in-interest. |
| 11 | | (e-5) The Commission shall notify a local unit of |
| 12 | | government within 3
business days of the grant of any |
| 13 | | authorization within a service area footprint if that |
| 14 | | authorization includes any part of the local unit of |
| 15 | | government's jurisdictional boundaries and state whether the |
| 16 | | holder will be providing video service or cable service under |
| 17 | | the authorization. |
| 18 | | (f) The authorization issued pursuant to this Section
by |
| 19 | | the Commission may be transferred to any successor-in-interest |
| 20 | | to the applicant to which it is initially granted without |
| 21 | | further Commission action if the successor-in-interest (i) |
| 22 | | submits an application and the information required by |
| 23 | | subsection (b) of this Section
for the successor-in-interest |
| 24 | | and (ii) is not in violation of this Article or of any federal, |
| 25 | | State, or local law, ordinance, rule, or regulation. A |
| 26 | | successor-in-interest shall file its application and notice of |
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| 1 | | transfer with the Commission and the relevant local units of |
| 2 | | government no less than 15
business days prior to the |
| 3 | | completion of the transfer. The Commission is not required or |
| 4 | | authorized to act upon the notice of transfer; however, the |
| 5 | | transfer is not effective until the Commission approves the |
| 6 | | successor-in-interest's application. A local unit of |
| 7 | | government or the Attorney General may seek to bar a transfer |
| 8 | | of ownership by filing suit in a court of competent |
| 9 | | jurisdiction predicated on the existence of a material and |
| 10 | | continuing breach of this Article by the holder, a pattern of |
| 11 | | noncompliance with customer service standards by the potential |
| 12 | | successor-in-interest, or the insolvency of the potential |
| 13 | | successor-in-interest. If a transfer is made when there are |
| 14 | | violations of this Article or of any federal, State, or local |
| 15 | | law, ordinance, rule, or regulation, the successor-in-interest |
| 16 | | shall be subject to 3
times the penalties provided for in this |
| 17 | | Article. |
| 18 | | (g) The authorization issued pursuant to this Section by |
| 19 | | the Commission may be terminated, or its cable service or video |
| 20 | | service area footprint may be modified, by the cable service |
| 21 | | provider or video service provider by submitting notice to the |
| 22 | | Commission and to the relevant local unit of government |
| 23 | | containing a description of the change on the same terms as the |
| 24 | | initial description pursuant to item (4) of subsection (b) of |
| 25 | | this Section. The Commission is not required or authorized to |
| 26 | | act upon that notice. It shall be a violation of this Article |
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| 1 | | for a holder to discriminate against potential residential |
| 2 | | subscribers because of the race or income of the residents in |
| 3 | | the local area in which the group resides by terminating or |
| 4 | | modifying its cable service or video service area footprint. It |
| 5 | | shall be a violation of this Article for a holder to terminate |
| 6 | | or modify its cable service or video service area footprint if |
| 7 | | it leaves an area with no cable service or video service from |
| 8 | | any provider. |
| 9 | | (h) The Commission's authority to administer this Article |
| 10 | | is limited to the powers and duties explicitly provided under |
| 11 | | this Article. Its authority under this Article does not include |
| 12 | | or limit the powers and duties that the Commission has under |
| 13 | | the other Articles of this Act, the Illinois Administrative |
| 14 | | Procedure Act,
or any other law or regulation to conduct |
| 15 | | proceedings, other than as provided in subsection (c), or has |
| 16 | | to promulgate rules or regulations. The Commission shall not |
| 17 | | have the authority to limit or expand the obligations and |
| 18 | | requirements provided in this Section or to regulate or control |
| 19 | | a person or entity to the extent that person or entity is |
| 20 | | providing cable service or video service, except as provided in |
| 21 | | this Article.
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| 22 | | (Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, |
| 23 | | eff. 6-29-15.)
|
| 24 | | (220 ILCS 5/21-1601)
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| 25 | | Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of |