State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_HB3192eng

 
HB3192 Engrossed                               LRB9111248MWpc

 1        AN  ACT  to  amend   the   Telecommunications   Municipal
 2    Infrastructure Maintenance Fee Act by changing Section 20.

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

 5        Section    5.     The    Telecommunications     Municipal
 6    Infrastructure  Maintenance  Fee  Act  is amended by changing
 7    Section 20 as follows:

 8        (35 ILCS 635/20)
 9        Sec.  20.  Municipal  telecommunications   infrastructure
10    maintenance fee.
11        (a)  A municipality may impose a municipal infrastructure
12    maintenance  fee  upon  telecommunications  retailers  in  an
13    amount   specified  in  subsection  (b).  On  and  after  the
14    effective date of this amendatory Act of  1997,  a  certified
15    copy  of an ordinance or resolution imposing a fee under this
16    Section shall be filed with the Department of Revenue  within
17    30  days  after  the effective date of this amendatory Act or
18    the effective date of the ordinance  or  resolution  imposing
19    such  fee,  whichever  is later.  Failure to file a certified
20    copy of the ordinance or resolution imposing a fee under this
21    Section shall have no effect on the validity of the ordinance
22    or resolution.  The Department of Revenue  shall  create  and
23    maintain  a  list  of  all  ordinances  and resolutions filed
24    pursuant to this Section and  make  that  list,  as  well  as
25    copies  of  the  ordinances and resolutions, available to the
26    public for a reasonable fee.
27        (b)  The   amount   of   the   municipal   infrastructure
28    maintenance fee imposed upon  a  telecommunications  retailer
29    under  this  Section shall not exceed: (i)  in a municipality
30    with a population of more than 500,000,  2.0%  of  all  gross
31    charges charged by the telecommunications retailer to service
 
HB3192 Engrossed            -2-                LRB9111248MWpc
 1    addresses   in   the   municipality   for  telecommunications
 2    originating or received in the municipality; and  (ii)  in  a
 3    municipality  with  a  population of 500,000 or less, 1.0% of
 4    all gross charges charged by the telecommunications  retailer
 5    to    service    addresses    in    the    municipality   for
 6    telecommunications   originating   or   received    in    the
 7    municipality.  If  imposed,  the municipal telecommunications
 8    infrastructure fee must be in 1/4% increments.  However,  the
 9    fee  shall not be imposed in any case in which the imposition
10    of the fee would violate the Constitution or statutes of  the
11    United States.
12        (c)  The  municipal telecommunications infrastructure fee
13    authorized by this Section shall be collected, enforced,  and
14    administered  as set forth in subsection (c) of Section 25 of
15    this Act.
16    (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)

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