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91_HB3925
LRB9112307SMcb
1 AN ACT regarding telecommunications.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Telecommunications Municipal
5 Infrastructure Maintenance Fee Act is amended by changing
6 Sections 15 and 20 as follows:
7 (35 ILCS 635/15)
8 Sec. 15. State telecommunications infrastructure
9 maintenance fees.
10 (a) A State infrastructure maintenance fee is hereby
11 imposed upon telecommunications retailers as a replacement
12 for the personal property tax in an amount specified in
13 subsection (b).
14 (b) The amount of the State infrastructure maintenance
15 fee imposed upon a telecommunications retailer under this
16 Section shall be equal to 0.5% of all gross charges charged
17 by the telecommunications retailer to service addresses in
18 Illinois this State for telecommunications, other than
19 wireless telecommunications, originating or received in this
20 State. However, the State infrastructure maintenance fee is
21 not imposed in any case in which the imposition of the fee
22 would violate the Constitution or statutes of the United
23 States.
24 (c) An optional infrastructure maintenance fee is hereby
25 created. A telecommunications retailer may elect to pay the
26 optional infrastructure maintenance fee with respect to the
27 gross charges charged by the telecommunications retailer to
28 service addresses in a particular municipality for
29 telecommunications, other than wireless telecommunications,
30 originating or received in the municipality if (1) the
31 telecommunications retailer is not required to pay any
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1 compensation to the municipality under an existing franchise
2 agreement and (2) the municipality has not imposed a
3 municipal infrastructure maintenance fee as authorized in
4 Section 20 of this Act. A telecommunications retailer
5 electing to pay the optional infrastructure maintenance fee
6 shall notify the Department of such election on the
7 application for certificate of registration. If a
8 telecommunications retailer elects to pay this fee with
9 respect to the gross charges charged by the
10 telecommunications retailer to service addresses in a
11 particular municipality, such election shall remain in full
12 force and effect until such time as the municipality imposes
13 a municipal infrastructure maintenance fee.
14 (d) The amount of the optional infrastructure
15 maintenance fee which a telecommunications retailer may elect
16 to pay with respect to a particular municipality shall be
17 equal to 25% of the maximum amount of the municipal
18 infrastructure maintenance fee which the municipality could
19 impose under Section 20 of this Act.
20 (e) The State infrastructure maintenance fee and the
21 optional infrastructure maintenance fee authorized by this
22 Section shall be collected, enforced, and administered as set
23 forth in subsection (b) of Section 25 of this Act.
24 (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)
25 (35 ILCS 635/20)
26 Sec. 20. Municipal telecommunications infrastructure
27 maintenance fee.
28 (a) A municipality may impose a municipal infrastructure
29 maintenance fee upon telecommunications retailers in an
30 amount specified in subsection (b). On and after the
31 effective date of this amendatory Act of 1997, a certified
32 copy of an ordinance or resolution imposing a fee under this
33 Section shall be filed with the Department of Revenue within
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1 30 days after the effective date of this amendatory Act or
2 the effective date of the ordinance or resolution imposing
3 such fee, whichever is later. Failure to file a certified
4 copy of the ordinance or resolution imposing a fee under this
5 Section shall have no effect on the validity of the ordinance
6 or resolution. The Department shall create and maintain a
7 list of all ordinances and resolutions filed pursuant to this
8 Section and make that list, as well as copies of the
9 ordinances and resolutions, available to the public for a
10 reasonable fee.
11 (b) The amount of the municipal infrastructure
12 maintenance fee imposed upon a telecommunications retailer
13 under this Section shall not exceed: (i) in a municipality
14 with a population of more than 500,000, 2.0% of all gross
15 charges charged by the telecommunications retailer to service
16 addresses in the municipality for telecommunications
17 originating or received in the municipality; and (ii) in a
18 municipality with a population of 500,000 or less, 1.0% of
19 all gross charges charged by the telecommunications retailer
20 to service addresses in the municipality for
21 telecommunications originating or received in the
22 municipality. If imposed, the municipal telecommunications
23 infrastructure fee must be in 1/4% increments. However, the
24 fee shall not be imposed in any case in which the imposition
25 of the fee would violate the Constitution or statutes of the
26 United States.
27 (c) The municipal telecommunications infrastructure fee
28 authorized by this Section shall be collected, enforced, and
29 administered as set forth in subsection (c) of Section 25 of
30 this Act.
31 (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)