Illinois 95th Regular Session Status: Enacted

HB 463 — WETSA-COMPLIANCE PENALTIES

Last action — Public Act . . . . . . . . . 95-0063

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2007. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Wireless Emergency Telephone Safety Act. Provides for and enforces the collection of surcharge fees of wireless telephone service subscribers for the establishment and implementation of a cohesive statewide emergency telephone number for wireless telephone users. Establishes a penalty for wireless carriers who fail to provide zip code information of customers. Requires wireless carriers to remit the surcharge for all subscribers if a method of surcharge collection from subscribers is not implemented. Provides that the Commission may impose penalties on wireless carriers who do not remit the surcharge before midnight on the last day of the third calendar month after the closing date of the remit period. Provides that the Illinois Commerce Commission may collect delinquent amounts from wireless carriers by legal action or other methods permitted under State law. Provides that the Executive Director, or his or her designee, may excuse penalties determined to be unjust. Provides a manner by which wireless carriers may recover costs from the Wireless Carrier Reimbursement Fund. Requires the Illinois Commerce Commission to annually review the balance in the Wireless Carrier Reimbursement Fund. Requires the Comptroller to transfer certain excess amounts into the Wireless Services Emergency Fund. Provides a manner by which funds transferred into the Wireless Services Emergency Fund are to be distributed. Effective immediately.

Bill Text

What changed in the latest version

14 added · 14 removed

Plain-language change summary

The bill HB 463 has been updated to replace the "Engrossed" version with an "Enrolled" version, which typically indicates that the bill has finished its legislative journey and is ready for the governor's signature. This change matters because it signals that any amendments or discussions regarding the bill have concluded, paving the way for it to become law. Such changes are important as they reflect the final adjustments made in the legislative process before implementation.

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HB0463 Engrossed LRB095 03749 MJR 23778 b AN ACT concerning regulation.
HB0463 Enrolled LRB095 03749 MJR 23778 b AN ACT concerning regulation.
Public safety agencies and wireless carriers operating wireless 9-1-1 and wireless E9-1-1 systems require adequate funding to recover the costs of designing, purchasing, installing, testing, and HB0463 Engrossed - 2 - LRB095 03749 MJR 23778 b operating enhanced facilities, systems, and services necessary to comply with the wireless E9-1-1 requirements mandated by the Federal Communications Commission and to maximize the availability of wireless E9-1-1 services throughout the State of Illinois.
Public safety agencies and wireless carriers operating wireless 9-1-1 and wireless E9-1-1 systems require adequate funding to recover the costs of designing, purchasing, installing, testing, and HB0463 Enrolled - 2 - LRB095 03749 MJR 23778 b operating enhanced facilities, systems, and services necessary to comply with the wireless E9-1-1 requirements mandated by the Federal Communications Commission and to maximize the availability of wireless E9-1-1 services throughout the State of Illinois.
and HB0463 Engrossed - 3 - LRB095 03749 MJR 23778 b (4) provide for a reasonable fee on wireless telephone service subscribers to accomplish these purposes and provide for the enforcement and collection of such fees.
and HB0463 Enrolled - 3 - LRB095 03749 MJR 23778 b (4) provide for a reasonable fee on wireless telephone service subscribers to accomplish these purposes and provide for the enforcement and collection of such fees.
"Prepaid wireless telephone service" means wireless telephone service which is activated by payment in advance of a finite dollar amount or for a finite set of minutes and which, HB0463 Engrossed - 4 - LRB095 03749 MJR 23778 b unless an additional finite dollar amount or finite set of minutes is paid in advance, terminates either (i) upon use by a customer and delivery by the wireless carrier of an agreed-upon amount of service corresponding to the total dollar amount paid in advance, or within a certain period of time following initial purchase or activation.
"Prepaid wireless telephone service" means wireless telephone service which is activated by payment in advance of a finite dollar amount or for a finite set of minutes and which, HB0463 Enrolled - 4 - LRB095 03749 MJR 23778 b unless an additional finite dollar amount or finite set of minutes is paid in advance, terminates either (i) upon use by a customer and delivery by the wireless carrier of an agreed-upon amount of service corresponding to the total dollar amount paid in advance, or within a certain period of time following initial purchase or activation.
"Statewide wireless emergency 9-1-1 system" means all HB0463 Engrossed - 5 - LRB095 03749 MJR 23778 b 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.
"Statewide wireless emergency 9-1-1 system" means all HB0463 Enrolled - 5 - LRB095 03749 MJR 23778 b 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.
"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 HB0463 Engrossed - 6 - LRB095 03749 MJR 23778 b Communications Commission, FCC Docket No.
"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 HB0463 Enrolled - 6 - LRB095 03749 MJR 23778 b Communications Commission, FCC Docket No.
(a) Except as provided in Section 45, each wireless carrier shall impose a monthly wireless carrier surcharge per CMRS connection that either has a telephone number within an area HB0463 Engrossed - 7 - LRB095 03749 MJR 23778 b code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State.
(a) Except as provided in Section 45, each wireless carrier shall impose a monthly wireless carrier surcharge per CMRS connection that either has a telephone number within an area HB0463 Enrolled - 7 - LRB095 03749 MJR 23778 b code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State.
(b) Except as provided in Section 45, a wireless carrier shall, within 45 days of collection, remit, either by check or HB0463 Engrossed - 8 - LRB095 03749 MJR 23778 b by electronic funds transfer, to the State Treasurer the amount of the wireless carrier surcharge collected from each subscriber.
(b) Except as provided in Section 45, a wireless carrier shall, within 45 days of collection, remit, either by check or HB0463 Enrolled - 8 - LRB095 03749 MJR 23778 b by electronic funds transfer, to the State Treasurer the amount of the wireless carrier surcharge collected from each subscriber.
(d) Within 90 days after the effective date of this amendatory Act of the 94th General Assembly, each wireless carrier must implement a mechanism for the collection of the surcharge imposed under subsection (a) of this Section from its HB0463 Engrossed - 9 - LRB095 03749 MJR 23778 b subscribers.
(d) Within 90 days after the effective date of this amendatory Act of the 94th General Assembly, each wireless carrier must implement a mechanism for the collection of the surcharge imposed under subsection (a) of this Section from its HB0463 Enrolled - 9 - LRB095 03749 MJR 23778 b subscribers.
Any penalty imposed under this subsection (e) is HB0463 Engrossed - 10 - LRB095 03749 MJR 23778 b in addition to the amount of the delinquency and is in addition to any other penalty imposed under this Section.
Any penalty imposed under this subsection (e) is HB0463 Enrolled - 10 - LRB095 03749 MJR 23778 b in addition to the amount of the delinquency and is in addition to any other penalty imposed under this Section.
The Executive Director of the Illinois Commerce Commission, or his or her designee, may excuse the payment of any penalty imposed HB0463 Engrossed - 11 - LRB095 03749 MJR 23778 b under this Section if the Executive Director, or his or her designee, determines that the enforcement of this penalty is unjust.
The Executive Director of the Illinois Commerce Commission, or his or her designee, may excuse the payment of any penalty imposed HB0463 Enrolled - 11 - LRB095 03749 MJR 23778 b under this Section if the Executive Director, or his or her designee, determines that the enforcement of this penalty is unjust.
In no event may any invoice for payment be approved for (i) costs that are not related to compliance with the requirements established by the wireless enhanced 9-1-1 mandates of the Federal Communications Commission, (ii) costs with respect to any wireless enhanced 9-1-1 service that is not operable at the time the invoice is submitted, or (iii) costs in excess of the sum of (A) the carrier’s balance, as determined under subsection (e) of this Section, plus (B) 100% of the surcharge of any wireless carrier exceeding 100% of the wireless emergency services charges remitted to the Wireless Carrier Reimbursement Fund by the wireless carrier under Section 17(b) since the last annual review of the balance in the Wireless Carrier Reimbursement Fund under subsection (e) of this Section, less reimbursements HB0463 Engrossed - 12 - LRB095 03749 MJR 23778 b paid to the carrier out of the Wireless Carrier Reimbursement Fund since the last annual review of the balance under subsection (e) of this Section, unless the wireless carrier received prior approval for the expenditures from the Illinois Commerce Commission.
In no event may any invoice for payment be approved for (i) costs that are not related to compliance with the requirements established by the wireless enhanced 9-1-1 mandates of the Federal Communications Commission, (ii) costs with respect to any wireless enhanced 9-1-1 service that is not operable at the time the invoice is submitted, or (iii) costs in excess of the sum of (A) the carrier’s balance, as determined under subsection (e) of this Section, plus (B) 100% of the surcharge of any wireless carrier exceeding 100% of the wireless emergency services charges remitted to the Wireless Carrier Reimbursement Fund by the wireless carrier under Section 17(b) since the last annual review of the balance in the Wireless Carrier Reimbursement Fund under subsection (e) of this Section, less reimbursements HB0463 Enrolled - 12 - LRB095 03749 MJR 23778 b paid to the carrier out of the Wireless Carrier Reimbursement Fund since the last annual review of the balance under subsection (e) of this Section, unless the wireless carrier received prior approval for the expenditures from the Illinois Commerce Commission.
(e) The Illinois Commerce Commission must annually review HB0463 Engrossed - 13 - LRB095 03749 MJR 23778 b the balance in the Wireless Carrier Reimbursement Fund as of June 30 of each year and shall direct the Comptroller to transfer into the Wireless Services Emergency Fund for distribution in accordance with Section 25 of this Act any amount in excess of the amount of deposits into the Fund for the 24 months prior to June 30 less:
(e) The Illinois Commerce Commission must annually review HB0463 Enrolled - 13 - LRB095 03749 MJR 23778 b the balance in the Wireless Carrier Reimbursement Fund as of June 30 of each year and shall direct the Comptroller to transfer into the Wireless Services Emergency Fund for distribution in accordance with Section 25 of this Act any amount in excess of the amount of deposits into the Fund for the 24 months prior to June 30 less:
This Act takes effect upon HB0463 Engrossed - 14 - LRB095 03749 MJR 23778 b becoming law.
This Act takes effect upon HB0463 Enrolled - 14 - LRB095 03749 MJR 23778 b becoming law.
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Action History

  1. Public Act . . . . . . . . . 95-0063

  2. Effective Date August 13, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 058-000-000

  7. Placed on Calendar Order of 3rd Reading May 16, 2007

  8. Second Reading

  9. Placed on Calendar Order of 2nd Reading May 15, 2007

  10. Do Pass Environment and Energy; 012-000-000

  11. Held in Environment and Energy

  12. Assigned to Environment and Energy

  13. Referred to Rules

  14. First Reading

  15. Chief Senate Sponsor Sen. Jeffrey M. Schoenberg

  16. Placed on Calendar Order of First Reading March 30, 2007

  17. Arrive in Senate

  18. Added Co-Sponsor Rep. Donald L. Moffitt

  19. Third Reading - Short Debate - Passed 115-000-000

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. Second Reading - Short Debate

  22. Added Chief Co-Sponsor Rep. Richard T. Bradley

  23. Added Chief Co-Sponsor Rep. Kevin A. McCarthy

  24. House Committee Amendment No. 1 Fiscal Note Filed as Amended

  25. Added Chief Co-Sponsor Rep. Mike Boland

  26. Added Chief Co-Sponsor Rep. Monique D. Davis

  27. Placed on Calendar 2nd Reading - Short Debate

  28. Do Pass as Amended / Short Debate Telecommunications Committee; 022-000-000

  29. House Committee Amendment No. 1 Adopted in Telecommunications Committee; by Voice Vote

  30. House Committee Amendment No. 1 Filed with Clerk by Telecommunications Committee

  31. Assigned to Telecommunications Committee

  32. Referred to Rules Committee

  33. First Reading

  34. Filed with the Clerk by Rep. James D. Brosnahan

Sponsors

  • James D. Brosnahan · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • James D. Brosnahan

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Link — Yea
Forby — Yea
Kotowski — Yea
Lauzen — Yea
Luechtefeld — Yea
Brady — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Peterson — Yea
Sullivan — Yea
Munoz — Yea
Radogno — Yea
Schoenberg — Yea
Sieben — Yea
Trotter — Yea
Cullerton — Yea
Jacobs — Yea
Viverito — Yea
Watson — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Republican 4000
Democrat 9000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Hamos — Yea
Jakobsson — Yea
Jefferies — Yea
Nekritz — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Reitz — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
McAuliffe — Yea
Lyons — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Riley — Yea
Schock — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Verschoore — Yea
Wait — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Watson — Yea
Howard — Yea
Madigan — Yea
Davis, Monique — Yea
Osterman — Yea
Patterson — Not Voting
Pihos — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Durkin — Not Voting
Holbrook — Yea
Kosel — Yea
Osmond — Not Voting
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Lindner — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mulligan — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 463 do?
Amends the Wireless Emergency Telephone Safety Act. Provides for and enforces the collection of surcharge fees of wireless telephone service subscribers for the establishment and implementation of a cohesive statewide emergency telephone number for wireless telephone users. Establishes a penalty for wireless carriers who fail to provide zip code information of customers. Requires wireless carriers to remit the surcharge for all subscribers if a method of surcharge collection from subscribers is not implemented. Provides that the Commission may impose penalties on wireless carriers who do not remit the surcharge before midnight on the last day of the third calendar month after the closing date of the remit period. Provides that the Illinois Commerce Commission may collect delinquent amounts from wireless carriers by legal action or other methods permitted under State law. Provides that the Executive Director, or his or her designee, may excuse penalties determined to be unjust. Provides a manner by which wireless carriers may recover costs from the Wireless Carrier Reimbursement Fund. Requires the Illinois Commerce Commission to annually review the balance in the Wireless Carrier Reimbursement Fund. Requires the Comptroller to transfer certain excess amounts into the Wireless Services Emergency Fund. Provides a manner by which funds transferred into the Wireless Services Emergency Fund are to be distributed. Effective immediately.
Who sponsors HB 463?
HB 463 is sponsored by James D. Brosnahan.
What is the current status of HB 463?
This bill has been enacted into law. Introduced January 29, 2007. Enacted.
Where can I track HB 463?
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