Bill Status of SB 1102   93rd General Assembly

Short Description:  MUNI TELECOM TAX-CERTIFICATION

Senate Sponsors
Sen. Denny Jacobs-William E. Peterson

House Sponsors
(Rep. Frank J. Mautino)


Last Action  View All Actions

DateChamber Action
  7/22/2003SenatePublic Act . . . . . . . . . 93-0286

Statutes Amended In Order of Appearance
35 ILCS 636/5-20

Synopsis As Introduced
Amends the Simplified Municipal Telecommunications Tax Act. Establishes procedures for the Department of Revenue to certify an ordinance passed by a municipality to impose a tax under the Act or to amend or repeal a tax imposed under the Act and to notify telecommunications retailers of the certification of the ordinance by the Department (now, municipalities are required to file the ordinance with the Department pursuant to rules adopted by the Department). Imposes time frames for Department certification and notification of retailers. Effective immediately.

 Fiscal Note (Department of Revenue)
 Because the language in the bill may cause some confusion among municipalities as to when the deadline for submitting ordinances is, there will most likely be some administrative impact on the Department, of an unknown amount, due to the increase in the volume of calls regarding implementation of the tax.

Senate Floor Amendment No. 1
Provides that the Department must determine whether the ordinance imposing, amending, or repealing the tax meets the criteria under the Act within 10 days (30 days in the underlying bill) after receipt of the ordinance submitted by the municipal clerk of the municipality adopting the ordinance.

Senate Floor Amendment No. 2
Adds reference to:
35 ILCS 630/2from Ch. 120, par. 2002
35 ILCS 635/10
35 ILCS 636/5-7

Amends the Telecommunications Excise Tax Act and the Telecommunications Infrastructure Maintenance Fee Act, and further amends the Simplified Municipal Telecommunications Tax Act. In the definition of "gross charge", with respect to charges for the portion of the interstate inter-office channel provided in Illinois, provides that, prior to January 1, 2004 (now, prior to June 1, 2003), any apportionment method consistent with the provisions set forth shall be accepted as a reasonable method to determine the charges. Adds an immediate effective date.

 Fiscal Note (S-AM1) (Dept of Commerce and Community Affairs)
 No fiscal impact on DCCA. The extent of impact on local governments is not available.

House Amendment No. 1
Adds reference to:
35 ILCS 636/5-10

Deletes everything after the enacting clause. Reinserts the provisions amending the Simplified Municipal Telecommunications Tax Act concerning procedures for imposing the tax. Replaces the other changes in the bill as follows. Amends the Telecommunications Excise Tax Act and the Telecommunications Infrastructure Maintenance Fee Act. Provides that prior to January 1, 2004 (now, June 1, 2003) any apportionment method consistent with the provisions governing apportionment of charges shall be accepted as a reasonable method to determine charges for that portion of the interstate inter-office channels provided within Illinois. Amends the Simplified Municipal Telecommunications Tax Act. Makes changes with respect to the calculation of gross charges for private line service in a municipality that has imposed a tax under the Act. Provides that prior to January 1, 2004 (now June 1, 2003) any apportionment method consistent with the provisions governing apportionment shall be accepted as a reasonable method to determine charges. Adds provisions concerning the prevention of multi-municipal taxation of certain telecommunications. Makes other changes. Effective January 1, 2004, except that the changes in the Simplified Municipal Telecommunications Tax Act concerning returns to the Department of Revenue and the authority to tax under the Act effective immediately.

House Amendment No. 2
In the Simplified Municipal Telecommunications Tax Act replaces the changes concerning the certification by the Department of Revenue of an ordinance adopted by a municipality to impose the tax and notification of telecommunications retailers. Provides that on and after April 1, 2003, any certified copy of an ordinance filed with the Department on or before September 20 or March 20 shall be effective with respect to gross charges billed by telecommunications retailers on or after the following January 1 or July 1, respectively. Requires the Department to determine whether the ordinance meets the criteria under the Act by the 10th of October or April, depending on its submission date. By that same date, requires the Department to notify the telecommunications retailers via a posting on the Department's web site that the ordinance is approved, listing the rate.

Actions 
DateChamber Action
  2/20/2003SenateFiled with Secretary by Sen. Denny Jacobs
  2/20/2003SenateFirst Reading
  2/20/2003SenateReferred to Rules
  2/26/2003SenateAssigned to Revenue
  3/6/2003SenateDo Pass Revenue; 008-000-000
  3/6/2003SenatePlaced on Calendar Order of 2nd Reading March 11, 2003
  3/6/2003SenateFiscal Note Requested by Sen. Chris Lauzen
  3/17/2003SenateFiscal Note Filed
  3/20/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Denny Jacobs
  3/20/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  3/24/2003SenateSenate Floor Amendment No. 1 Rules Refers to Revenue
  3/25/2003SenateSenate Floor Amendment No. 1 Be Adopted Revenue; 008-000-000
  3/25/2003SenateSecond Reading
  3/25/2003SenateSenate Floor Amendment No. 1 Adopted; Jacobs
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/26/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Denny Jacobs
  3/26/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  3/26/2003SenateSenate Floor Amendment No. 2 Rules Refers to Revenue
  3/27/2003SenateFiscal Note Filed as Amended by Committee Amendment No. 1
  3/27/2003SenateAdded as Chief Co-Sponsor Sen. William E. Peterson
  3/27/2003SenateSenate Floor Amendment No. 2 Be Adopted Revenue; 009-000-000
  4/2/2003SenateRecalled to Second Reading
  4/2/2003SenateSenate Floor Amendment No. 2 Adopted; Jacobs
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/4/2003SenateThird Reading - Passed; 057-000-000
  4/4/2003HouseArrived in House
  4/4/2003HouseChief House Sponsor Rep. Frank J. Mautino
  4/4/2003HouseFirst Reading
  4/4/2003HouseReferred to Rules Committee
  4/8/2003HouseAssigned to Revenue Committee
  5/1/2003HouseHouse Amendment No. 1 Filed with Clerk by Revenue Committee
  5/1/2003HouseHouse Amendment No. 1 Adopted by Voice Vote; Revenue Sub-committee
  5/1/2003HouseHouse Amendment No. 2 Filed with Clerk by Revenue Committee
  5/1/2003HouseHouse Amendment No. 2 Adopted by Voice Vote; Revenue Sub-committee
  5/1/2003HouseDo Pass as Amended / Short Debate Revenue Committee; 009-000-000
  5/1/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/16/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003
  5/20/2003HouseSecond Reading - Short Debate
  5/20/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2003HouseThird Reading - Short Debate - Passed 116-000-000
  5/22/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  5/22/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02 - May 23, 2003
  5/23/2003SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Denny Jacobs
  5/23/2003SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  5/23/2003SenateHouse Amendment No. 2 Motion to Non-Concur Filed with Secretary Sen. Denny Jacobs
  5/29/2003SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Denny Jacobs
  5/29/2003SenateHouse Amendment No. 2 Motion to Concur Referred to Rules
  5/30/2003SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Revenue
  5/30/2003SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Revenue
  5/30/2003SenateHouse Amendment No. 1 Motion to Concur Be Adopted Revenue; 008-002-000
  5/30/2003SenateHouse Amendment No. 2 Motion to Concur Be Adopted Revenue; 008-002-000
  5/30/2003SenateHouse Amendment No. 1 Senate Concurs 059-000-000
  5/30/2003SenateHouse Amendment No. 2 Senate Concurs 059-000-000
  5/30/2003SenatePassed Both Houses
  6/27/2003SenateSent to the Governor
  7/22/2003SenateGovernor Approved
  7/22/2003SenateEffective Date July 22, 2003; Some Parts are effective on this date.
  7/22/2003SenateEffective Date January 1, 2004; Other Parts are effective on this date.
  7/22/2003SenatePublic Act . . . . . . . . . 93-0286

Back To Top