HB3822 99TH GENERAL ASSEMBLY

LRB099 09161 AMC 29359 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3822

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-101 new
220 ILCS 5/13-703	from Ch. 111 2/3, par. 13-703

Amends the Public Utilities Act. Provides that sellers of prepaid wireless telecommunications service and providers of other wireless telecommunications services in Illinois shall collect and remit assessments in a competitively neutral manner in the same manner as a telecommunications carrier providing local exchange service. Provides that the assessment imposed on consumers of prepaid wireless telecommunications service shall be imposed per retail transaction as a percentage of that retail transaction. Requires sellers of prepaid wireless telecommunications service to remit the assessments to the Department of Revenue on the same form upon which they remit the fee collected under the Prepaid Wireless 9-1-1 Surcharge Act. Provides that the rates of the fee collected under the Prepaid Wireless 9-1-1 Surcharge Act and the assessment may be combined on the consumers' receipts. Provides that the fees collected from prepaid wireless telecommunication services under the assessment shall be deposited into the Illinois Telecommunications Access Corporation Fund. Makes other changes. Amends the State Finance Act to create the Illinois Telecommunications Access Corporation Fund as a nonappropriated trust fund to be held outside the State treasury, with the State Treasurer as ex officio custodian. Provides that moneys in the Fund shall be remitted quarterly to the Illinois Telecommunications Access Corporation. Effective July 1, 2015.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 6z-101 as follows:

(30 ILCS 105/6z-101 new)

Sec. 6z-101. The Illinois Telecommunications Access Corporation Fund. The Illinois Telecommunications Access Corporation Fund is created as a nonappropriated trust fund to be held outside the State treasury, with the State Treasurer as ex officio custodian. Moneys in the Fund shall be remitted quarterly to the Illinois Telecommunications Access Corporation for the purposes provided in Section 13-703 of the Public Utilities Act.

Section 10. The Public Utilities Act is amended by changing Section 13-703 as follows:

(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)

(Section scheduled to be repealed on July 1, 2015)

Sec. 13-703. (a) The Commission shall design and implement a program whereby each telecommunications carrier providing local exchange service shall provide a telecommunications device capable of servicing the needs of those persons with a hearing or speech disability together with a single party line, at no charge additional to the basic exchange rate, to any subscriber who is certified as having a hearing or speech disability by a licensed physician, speech-language pathologist, audiologist or a qualified State agency and to any subscriber which is an organization serving the needs of those persons with a hearing or speech disability as determined and specified by the Commission pursuant to subsection (d).

(b) The Commission shall design and implement a program, whereby each telecommunications carrier providing local exchange service shall provide a telecommunications relay system, using third party intervention to connect those persons having a hearing or speech disability with persons of normal hearing by way of intercommunications devices and the telephone system, making available reasonable access to all phases of public telephone service to persons who have a hearing or speech disability. In order to design a telecommunications relay system which will meet the requirements of those persons with a hearing or speech disability available at a reasonable cost, the Commission shall initiate an investigation and conduct public hearings to determine the most cost-effective method of providing telecommunications relay service to those persons who have a hearing or speech disability when using telecommunications devices and therein solicit the advice, counsel, and physical assistance of Statewide nonprofit consumer organizations that serve persons with hearing or speech disabilities in such hearings and during the development and implementation of the system. The Commission shall phase in this program, on a geographical basis, as soon as is practicable, but no later than June 30, 1990.

(c) The Commission shall establish a competitively neutral rate recovery mechanism that establishes , authorizing charges in an amount to be determined by the Commission for each line of a subscriber to allow telecommunications carriers providing local exchange service to recover costs as they are incurred under this Section.

(d) The Commission shall determine and specify those organizations serving the needs of those persons having a hearing or speech disability that shall receive a telecommunications device and in which offices the equipment shall be installed in the case of an organization having more than one office. For the purposes of this Section, "organizations serving the needs of those persons with hearing or speech disabilities" means centers for independent living as described in Section 12a of the Disabled Persons Rehabilitation Act and not-for-profit organizations whose primary purpose is serving the needs of those persons with hearing or speech disabilities. The Commission shall direct the telecommunications carriers subject to its jurisdiction and this Section to comply with its determinations and specifications in this regard.

(e) As used in this Section:

"Prepaid wireless telecommunications service" means a wireless telecommunications service that must be paid for in advance and is sold in predetermined units or dollars of which the amount declines with use in a known amount.

"Retail transaction" has the meaning set forth in Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.

"Telecommunications , the phrase "telecommunications carrier providing local exchange service" includes, without otherwise limiting the meaning of the term, telecommunications carriers which are purely mutual concerns, having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person.

"Wireless telecommunications service" means commercial mobile service as defined in 47 U.S.C. 332(d).

(f) Interconnected VoIP service providers, sellers of prepaid wireless telecommunications service, and providers of other wireless telecommunications services in Illinois shall collect and remit assessments determined in accordance with this Section in a competitively neutral manner in the same manner as a telecommunications carrier providing local exchange service. However, the assessment imposed on consumers of prepaid wireless telecommunications service shall be imposed per retail transaction as a percentage of that retail transaction. Sellers of prepaid wireless telecommunications service shall remit the assessments to the Department of Revenue on the same form upon which they remit the fee collected under the Prepaid Wireless 9-1-1 Surcharge Act. For the purposes of display on the consumers' receipts, the rates of the fee collected under the Prepaid Wireless 9-1-1 Surcharge Act and the assessment under this Section may be combined. The Department shall deposit the fees collected from prepaid wireless telecommunication services under this Section into the Illinois Telecommunications Access Corporation Fund. Interconnected VoIP services shall not be considered an intrastate telecommunications service for the purposes of this Section in a manner inconsistent with federal law or Federal Communications Commission regulation.

(g) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 96-927, eff. 6-15-10.)

Section 99. Effective date. This Act takes effect July 1, 2015.