093_SB1101ham002

 










                                     LRB093 07190 SJM 17113 a

 1                    AMENDMENT TO SENATE BILL 1101

 2        AMENDMENT NO.     .  Amend Senate Bill 1101, AS  AMENDED,
 3    by  replacing  the introductory clause of Section 15 with the
 4    following:

 5        "Section 15.  The Simplified Municipal Telecommunications
 6    Tax Act is amended by changing Sections 5-7, 5-10, 5-20,  and
 7    5-50 as follows:"; and

 8    in  Section 15, immediately below Sec. 5-10, by inserting the
 9    following:

10        "(35 ILCS 636/5-20)
11        Sec. 5-20. Imposition.
12        (a)  On and after January  1,  2003,  for  municipalities
13    with  populations of less than 500,000, the tax authorized by
14    this Act shall be imposed (except  as  provided  in  Sections
15    5-25  and  5-30  of  this  Act),  amended,  or repealed by an
16    ordinance adopted by the municipality, which ordinance  shall
17    be  filed by the municipality with the Department pursuant to
18    the rules of the Department.
19             (1)  Any ordinance adopted by a municipality with  a
20        population of less than 500,000 which attempts to impose,
21        amend  or  repeal the tax authorized by this Act shall be
 
                            -2-      LRB093 07190 SJM 17113 a
 1        of no force and  effect  until  properly  filed  with  an
 2        appropriate form with the Department.
 3             (2)  Any  certified  copy  of an ordinance (i) filed
 4        with the Department prior to October  1,  2002  shall  be
 5        effective   with  respect  to  gross  charges  billed  by
 6        telecommunications retailers on or after January 1,  2003
 7        and  (ii)  thereafter  any certified copy of an ordinance
 8        filed with the Department on or after October 1, 2002 and
 9        before April 1, 2003 prior to any April 1  or  October  1
10        shall  be  effective with respect to gross charges billed
11        by telecommunications retailers on or after the following
12        July 1, 2003 or January 1,  respectively.  On  and  after
13        April  1,  2003, any certified copy of an ordinance filed
14        with the Department on or before September 20 or March 20
15        shall be effective with respect to gross  charges  billed
16        by telecommunications retailers on or after the following
17        January  1  or  July  1,  respectively.  If the certified
18        ordinance is filed  with  the  Department  on  or  before
19        September  20,  the Department shall determine by October
20        10 whether the ordinance meets the  criteria  under  this
21        Act.  If  the  certified  ordinance  is  filed  with  the
22        Department  on  or  before March 20, the Department shall
23        determine by April 10 whether  the  ordinance  meets  the
24        criteria  under  this  Act.  If  the  ordinance meets the
25        criteria,    the    Department    shall    notify     the
26        telecommunications   retailers   via  a  posting  on  the
27        Department's web site that the ordinance is approved  and
28        shall  list  the  rate.  For  ordinances  filed  with the
29        Department on or before September 20,  notification  must
30        be  made  no  later than October 10. For ordinances filed
31        with the Department on or before March  20,  notification
32        must be made no later than April 10.
33        (b)  On  and  after  January  1, 2003, for municipalities
34    with populations of 500,000 or more, the  tax  authorized  by
 
                            -3-      LRB093 07190 SJM 17113 a
 1    this  Act  shall  be  imposed,  amended, or repealed, and any
 2    authorized  exemptions  granted,  by  the  adoption   of   an
 3    ordinance   and   notification   to   the  telecommunications
 4    retailers.
 5    (Source: P.A. 92-526, eff. 7-1-02.)"; and

 6    by replacing Section 99 with the following:

 7        "Section 99.  Effective date.  This Act takes  effect  on
 8    January  1, 2004, except that this Section and the changes to
 9    Sections 5-10, 5-20, and 5-50  of  the  Simplified  Municipal
10    Telecommunications Tax Act take effect upon becoming law.".