093_SB1102ham002











                                     LRB093 07188 SJM 15406 a

 1                    AMENDMENT TO SENATE BILL 1102

 2        AMENDMENT NO.     .  Amend Senate Bill 1102, AS  AMENDED,
 3    with  reference  to  page and line numbers of House Amendment
 4    No. 1, by replacing lines 25 through 33 on page 38 and all of
 5    page 39 with the following:

 6        "(35 ILCS 636/5-20)
 7        Sec. 5-20. Imposition.
 8        (a)  On and after January  1,  2003,  for  municipalities
 9    with  populations of less than 500,000, the tax authorized by
10    this Act shall be imposed (except  as  provided  in  Sections
11    5-25  and  5-30  of  this  Act),  amended,  or repealed by an
12    ordinance adopted by the municipality, which ordinance  shall
13    be  filed by the municipality with the Department pursuant to
14    the rules of the Department.
15             (1)  Any ordinance adopted by a municipality with  a
16        population of less than 500,000 which attempts to impose,
17        amend  or  repeal the tax authorized by this Act shall be
18        of no force and  effect  until  properly  filed  with  an
19        appropriate form with the Department.
20             (2)  Any  certified  copy  of an ordinance (i) filed
21        with the Department prior to October  1,  2002  shall  be
22        effective   with  respect  to  gross  charges  billed  by
23        telecommunications retailers on or after January 1,  2003
 
                            -2-      LRB093 07188 SJM 15406 a
 1        and  (ii)  thereafter  any certified copy of an ordinance
 2        filed with the Department on or after October 1, 2002 and
 3        before April 1, 2003 prior to any April 1  or  October  1
 4        shall  be  effective with respect to gross charges billed
 5        by telecommunications retailers on or after the following
 6        July 1, 2003 or January 1,  respectively.  On  and  after
 7        April  1,  2003, any certified copy of an ordinance filed
 8        with the Department on or before September 20 or March 20
 9        shall be effective with respect to gross  charges  billed
10        by telecommunications retailers on or after the following
11        January  1  or  July  1,  respectively.  If the certified
12        ordinance is filed  with  the  Department  on  or  before
13        September  20,  the Department shall determine by October
14        10 whether the ordinance meets the  criteria  under  this
15        Act.  If  the  certified  ordinance  is  filed  with  the
16        Department  on  or  before March 20, the Department shall
17        determine by April 10 whether  the  ordinance  meets  the
18        criteria  under  this  Act.  If  the  ordinance meets the
19        criteria,    the    Department    shall    notify     the
20        telecommunications   retailers   via  a  posting  on  the
21        Department's web site that the ordinance is approved  and
22        shall  list  the  rate.  For  ordinances  filed  with the
23        Department on or before September 20,  notification  must
24        be  made  no  later than October 10. For ordinances filed
25        with the Department on or before March  20,  notification
26        must be made no later than April 10.
27        (b)  On  and  after  January  1, 2003, for municipalities
28    with populations of 500,000 or more, the  tax  authorized  by
29    this  Act  shall  be  imposed,  amended, or repealed, and any
30    authorized  exemptions  granted,  by  the  adoption   of   an
31    ordinance   and   notification   to   the  telecommunications
32    retailers.
33    (Source: P.A. 92-526, eff. 7-1-02.)".