SB 3265 — CTY CD-COURT SERVICES FEE

SB3265 EngrossedEnrolled LRB098 19701 JLK 54912 b AN ACT concerning local government.

The CountiesWireless CodeEmergency Telephone Safety Act is amended by changing Section 5-110317 as follows:

(55(50 ILCS 5/5-1103)751/17) (from(Section Ch.scheduled to be repealed on July 1, 2015) Sec.

34,17. par.

5-1103)Wireless Sec.carrier surcharge.

5-1103.(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.

CourtNo serviceswireless fee.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.

APrior countyto boardJanuary may1, enact2008 by(the ordinanceeffective ordate resolutionof aPublic courtAct services95-698), feethe dedicatedsurcharge toamount defrayingshall courtbe security expenses incurred by the sheriffamount inset providing court services or for any other court services deemed necessary by the sheriffWireless toEnhanced provide9-1-1 forBoard. court security, including without limitation court services provided pursuant to Section 3-6023, as now or hereafter amended.

SuchBeginning feeon shallJanuary be1, paid2008 in(the civileffective casesdate byof eachPublic partyAct at95-698), the timemonthly ofsurcharge filingimposed theunder firstthis pleading,Section papershall orbe other$0.73 appearance;per CMRS connection.

providedThe wireless carrier that noprovides additionalwireless feeservice shallto bethe requiredsubscriber ifshall morecollect thanthe onesurcharge partyfrom isthe representedSB3265 inEnrolled a- single2 pleading,- paperLRB098 or19701 otherJLK appearance.54912 b subscriber.

InFor criminal,mobile localtelecommunications ordinance,services countyprovided ordinance,on traffic and conservationafter cases,August such1, fee2002, shallany besurcharge assessedimposed againstunder thethis defendantAct uponshall abe pleaimposed ofbased guilty,upon stipulation of facts or findings of guilty, resulting in a judgment of conviction, or order of supervision, or sentence of probation without entry of judgment pursuant to Section 10 of the Cannabismunicipality Control Act, SB3265 Engrossed - 2 - LRB098 19701 JLK 54912 b Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivisioncounty (b)(1)that ofencompasses Section 12-3.05 of the Criminalcustomer's Codeplace of 1961primary oruse theas Criminaldefined Codein of 2012, Section 10-102 of the IllinoisMobile AlcoholismTelecommunications andSourcing OtherConformity Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act.

InThe settingsurcharge such fee, the county board may impose, with the concurrence of the Chief Judge of the judicial circuit in which the county is located by administrative order entered by the Chief Judge, differential rates for the various types or categories of criminal and civil cases, but the maximum rate shall notbe exceedstated $25,as unlessa theseparate feeitem ison set according to an acceptable cost study in accordance with Section 4-5001 of the Countiessubscriber's Code.monthly bill.

AllThe proceedswireless fromcarrier thisshall feebegin mustcollecting bethe usedsurcharge toon defraybills courtissued securitywithin expenses90 incurreddays byafter the sheriffWireless inEnhanced providing9-1-1 courtBoard services.sets the monthly wireless surcharge.

NoState fee shall be imposed or collected, however, in traffic, conservation, and ordinancelocal casestaxes inshall whichnot finesapply areto paidthe withoutwireless acarrier courtsurcharge. appearance.

The(b) feesExcept shallas beprovided collected in theSections manner45 inand which80, alla otherwireless courtcarrier feesshall, orwithin costs45 aredays collectedof andcollection, shallremit, beeither depositedby intocheck theor countyby generalelectronic fundfunds fortransfer, paymentto solely of costs incurred by the sheriffIllinois inCommerce providingCommission court security or for anydeposit otherwith courtthe servicesState deemedTreasurer necessarythe byamount of the sheriffwireless tocarrier providesurcharge forcollected courtfrom security.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 SB3265 Enrolled - 3 - LRB098 19701 JLK 54912 b 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 SB3265 Enrolled - 4 - LRB098 19701 JLK 54912 b 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) SB3265 Enrolled - 5 - LRB098 19701 JLK 54912 b 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 SB3265 Enrolled - 6 - LRB098 19701 JLK 54912 b 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.