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90_HB1147enr
220 ILCS 5/13-102 from Ch. 111 2/3, par. 13-102
220 ILCS 5/13-103 from Ch. 111 2/3, par. 13-103
220 ILCS 5/13-203 from Ch. 111 2/3, par. 13-203
220 ILCS 5/13-210 from Ch. 111 2/3, par. 13-210
220 ILCS 5/13-216 new
220 ILCS 5/13-217 new
220 ILCS 5/13-405 from Ch. 111 2/3, par. 13-405
220 ILCS 5/13-502 from Ch. 111 2/3, par. 13-502
220 ILCS 5/13-511 new
220 ILCS 5/13-512 new
220 ILCS 5/13-513 new
220 ILCS 5/13-514 new
220 ILCS 5/13-515 new
220 ILCS 5/13-516 new
220 ILCS 5/13-517 new
220 ILCS 5/13-803 from Ch. 111 2/3, par. 13-803
740 ILCS 10/5 from Ch. 38, par. 60-5
Amends the telecommunications Article of the Public
Utilities Act. Makes legislative findings that changes in
telecommunications regulatory policy have brought benefits to
consumers except those in local exchange markets, which
remain organized as monopolies, and that the public interest
requires a change in the monopoly regulation of local
exchange telecommunications. Provides that for a service to
be classified as competitive, the service or a substitute
service must actually be supplied by more than one provider.
Requires the Illinois Commerce Commission to enforce
interconnection agreements entered into pursuant to the
federal Telecommunications Act of 1996. Establishes
penalties for violations of interconnection agreements.
Amends the Illinois Antitrust Act to remove the exemption
from that Act for telecommunications carriers. Changes the
sunset date for the Telecommunications Article to July 1,
2001 from July 1, 1999. Effective immediately.
LRB9005036JSgc
HB1147 Enrolled LRB9005036JSgc
1 AN ACT concerning telecommunications.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Telecommunications Municipal Infrastructure Maintenance Fee
6 Act.
7 Section 5. Legislative intent. The General Assembly
8 imposed a tax on invested capital of utilities to partially
9 replace the personal property tax that was abolished by the
10 Illinois Constitution of 1970. Since that tax was imposed,
11 telecommunications retailers have evolved from utility status
12 into an increasingly competitive industry serving the public.
13 This Act is intended to abolish the invested capital tax on
14 telecommunications retailers (that is, persons engaged in the
15 business of transmitting messages and acting as a retailer of
16 telecommunications as defined in Section 2 of the
17 Telecommunications Excise Tax Act. Cellular
18 Telecummunications retailers have already been excluded from
19 application of the invested capital tax by earlier
20 legislative action. This Act is also intended to abolish
21 municipal franchise fees with respect to telecommunications
22 retailers, create a uniform system for the collection and
23 distribution of fees associated with the privilege of use of
24 the public right of way for telecommunications activity, and
25 provide municipalities with a comprehensive method of
26 compensation for telecommunications activity including the
27 recovery of reasonable costs of regulating the use of the
28 public rights-of-way for telecommunications activity.
29 Section 10. Definitions.
30 (a) "Gross charges" means the amount paid to a
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1 telecommunications retailer for the act or privilege of
2 originating or receiving telecommunications in this State or
3 the municipality imposing the fee under this Act, as the
4 context requires, and for all services rendered in connection
5 therewith, valued in money whether paid in money or
6 otherwise, including cash, credits, services, and property of
7 every kind or nature, and shall be determined without any
8 deduction on account of the cost of such telecommunications,
9 the cost of the materials used, labor or service costs, or
10 any other expense whatsoever. In case credit is extended,
11 the amount thereof shall be included only as and when paid.
12 "Gross charges" for private line service shall include
13 charges imposed at each channel point within this State or
14 the municipality imposing the fee under this Act, charges for
15 the channel mileage between each channel point within this
16 State or the municipality imposing the fee under this Act,
17 and charges for that portion of the interstate inter-office
18 channel provided within Illinois or the municipality imposing
19 the fee under this Act. However, "gross charges" shall not
20 include:
21 (1) any amounts added to a purchaser's bill because
22 of a charge made under: (i) the fee imposed by this
23 Section, (ii) additional charges added to a purchaser's
24 bill under Section 9-221 or 9-222 of the Public Utilities
25 Act, (iii) amounts collected under Section 8-11-17 of the
26 Illinois Municipal Code, (iv) the tax imposed by the
27 Telecommunications Excise Tax Act, (v) 911 surcharges, or
28 (vi) the tax imposed by Section 4251 of the Internal
29 Revenue Code;
30 (2) charges for a sent collect telecommunication
31 received outside of this State or the municipality
32 imposing the fee, as the context requires;
33 (3) charges for leased time on equipment or charges
34 for the storage of data or information or subsequent
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1 retrieval or the processing of data or information
2 intended to change its form or content. Such equipment
3 includes, but is not limited to, the use of calculators,
4 computers, data processing equipment, tabulating
5 equipment, or accounting equipment and also includes the
6 usage of computers under a time-sharing agreement.
7 (4) charges for customer equipment, including such
8 equipment that is leased or rented by the customer from
9 any source, wherein such charges are disaggregated and
10 separately identified from other charges;
11 (5) charges to business enterprises certified under
12 Section 9-222.1 of the Public Utilities Act to the extent
13 of such exemption and during the period of time specified
14 by the Department of Commerce and Community Affairs or by
15 the municipality imposing the fee under the Act, as the
16 context requires;
17 (6) charges for telecommunications and all services
18 and equipment provided in connection therewith between a
19 parent corporation and its wholly owned subsidiaries or
20 between wholly owned subsidiaries, and only to the extent
21 that the charges between the parent corporation and
22 wholly owned subsidiaries or between wholly owned
23 subsidiaries represent expense allocation between the
24 corporations and not the generation of profit other than
25 a regulatory required profit for the corporation
26 rendering such services;
27 (7) bad debts ("bad debt" means any portion of a
28 debt that is related to a sale at retail for which gross
29 charges are not otherwise deductible or excludable that
30 has become worthless or uncollectible, as determined
31 under applicable federal income tax standards; if the
32 portion of the debt deemed to be bad is subsequently
33 paid, the retailer shall report and pay the tax on that
34 portion during the reporting period in which the payment
HB1147 Enrolled -4- LRB9005036JSgc
1 is made);
2 (8) charges paid by inserting coins in
3 coin-operated telecommunication devices; or
4 (9) charges for telecommunications and all services
5 and equipment provided to a municipality imposing the
6 infrastructure maintenance fee.
7 (b) "Telecommunications" includes, but is not limited
8 to, messages or information transmitted through use of local,
9 toll, and wide area telephone service, channel services,
10 telegraph services, teletypewriter service, computer exchange
11 services, private line services, specialized mobile radio
12 services, or any other transmission of messages or
13 information by electronic or similar means, between or among
14 points by wire, cable, fiber optics, laser, microwave, radio,
15 satellite, or similar facilities. Unless the context clearly
16 requires otherwise, "telecommunications" shall also include
17 wireless telecommunications as hereinafter defined.
18 "Telecommunications" shall not include value added services
19 in which computer processing applications are used to act on
20 the form, content, code, and protocol of the information for
21 purposes other than transmission. "Telecommunications" shall
22 not include purchase of telecommunications by a
23 telecommunications service provider for use as a component
24 part of the service provided by him or her to the ultimate
25 retail consumer who originates or terminates the end-to-end
26 communications. Retailer access charges, right of access
27 charges, charges for use of intercompany facilities, and all
28 telecommunications resold in the subsequent provision and
29 used as a component of, or integrated into, end-to-end
30 telecommunications service shall not be included in gross
31 charges as sales for resale. "Telecommunications" shall not
32 include the provision of cable services through a cable
33 system as defined in the Cable Communications Act of 1984 (47
34 U.S.C. Sections 521 and following) as now or hereafter
HB1147 Enrolled -5- LRB9005036JSgc
1 amended or through an open video system as defined in the
2 Rules of the Federal Communications Commission (47 C.D.F.
3 76.1550 and following) as now or hereafter amended.
4 (c) "Wireless telecommunications" includes cellular
5 mobile telephone services, personal wireless services as
6 defined in Section 704(C) of the Telecommunications Act of
7 1996 (Public Law No. 104-104) as now or hereafter amended,
8 including all commercial mobile radio services, and paging
9 services.
10 (d) "Telecommunications retailer" or "retailer" or
11 "carrier" means and includes every person engaged in the
12 business of making sales of telecommunications at retail as
13 defined in this Section. The Illinois Department of Revenue
14 or the municipality imposing the fee, as the case may be,
15 may, in its discretion, upon applications, authorize the
16 collection of the fee hereby imposed by any retailer not
17 maintaining a place of business within this State, who, to
18 the satisfaction of the Department or municipality, furnishes
19 adequate security to insure collection and payment of the
20 fee. When so authorized, it shall be the duty of such
21 retailer to pay the fee upon all of the gross charges for
22 telecommunications in the same manner and subject to the same
23 requirements as a retailer maintaining a place of business
24 within the State or municipality imposing the fee.
25 (e) "Retailer maintaining a place of business in this
26 State", or any like term, means and includes any retailer
27 having or maintaining within this State, directly or by a
28 subsidiary, an office, distribution facilities, transmission
29 facilities, sales office, warehouse, or other place of
30 business, or any agent or other representative operating
31 within this State under the authority of the retailer or its
32 subsidiary, irrespective of whether such place of business or
33 agent or other representative is located here permanently or
34 temporarily, or whether such retailer or subsidiary is
HB1147 Enrolled -6- LRB9005036JSgc
1 licensed to do business in this State.
2 (f) "Sale of telecommunications at retail" means the
3 transmitting, supplying, or furnishing of telecommunications
4 and all services rendered in connection therewith for a
5 consideration, other than between a parent corporation and
6 its wholly owned subsidiaries or between wholly owned
7 subsidiaries, when the gross charge made by one such
8 corporation to another such corporation is not greater than
9 the gross charge paid to the retailer for their use or
10 consumption and not for sale.
11 (g) "Service address" means the location of
12 telecommunications equipment from which telecommunications
13 services are originated or at which telecommunications
14 services are received. If this is not a defined location, as
15 in the case of wireless telecommunications, paging systems,
16 maritime systems, air-to-ground systems, and the like,
17 "service address" shall mean the location of the customer's
18 primary use of the telecommunications equipment as defined by
19 the location in Illinois where bills are sent.
20 Section 15. State telecommunications infrastructure
21 maintenance fees.
22 (a) A State infrastructure maintenance fee is hereby
23 imposed upon telecommunications retailers as a replacement
24 for the personal property tax in an amount specified in
25 subsection (b).
26 (b) The amount of the State infrastructure maintenance
27 fee imposed upon a telecommunications retailer under this
28 Section shall be equal to 0.5% of all gross charges charged
29 by the telecommunications retailer to service addresses in
30 this State for telecommunications, other than wireless
31 telecommunications, originating or received in this State.
32 However, the State infrastructure maintenance fee is not
33 imposed in any case in which the imposition of the fee would
HB1147 Enrolled -7- LRB9005036JSgc
1 violate the Constitution or statutes of the United States.
2 (c) An optional infrastructure maintenance fee is hereby
3 created. A telecommunications retailer may elect to pay the
4 optional infrastructure maintenance fee with respect to the
5 gross charges charged by the telecommunications retailer to
6 service addresses in a particular municipality for
7 telecommunications, other than wireless telecommunications,
8 originating or received in the municipality if (1) the
9 telecommunications retailer is not required to pay any
10 compensation to the municipality under an existing franchise
11 agreement and (2) the municipality has not imposed a
12 municipal infrastructure maintenance fee as authorized in
13 Section 20 of this Act. If a telecommunications retailer
14 elects to pay this fee with respect to the gross charges
15 charged by the telecommunications retailer to service
16 addresses in a particular municipality, such election shall
17 remain in full force and effect until such time as the
18 municipality imposes a municipal infrastructure maintenance
19 fee.
20 (d) The amount of the optional infrastructure
21 maintenance fee which a telecommunications retailer may elect
22 to pay with respect to a particular municipality shall be
23 equal to 25% of the maximum amount of the municipal
24 infrastructure maintenance fee which the municipality could
25 impose under Section 20 of this Act.
26 (e) The State infrastructure maintenance fee and the
27 optional infrastructure maintenance fee authorized by this
28 Section shall be collected, enforced, and administered as set
29 forth in Section 25 of this Act.
30 Section 20. Municipal telecommunications infrastructure
31 maintenance fee.
32 (a) A municipality may impose a municipal infrastructure
33 maintenance fee upon telecommunications retailers in an
HB1147 Enrolled -8- LRB9005036JSgc
1 amount specified in subsection (b).
2 (b) The amount of the municipal infrastructure
3 maintenance fee imposed upon a telecommunications retailer
4 under this Section shall not exceed: (i) in a municipality
5 with a population of more than 500,000, 2.0% of all gross
6 charges charged by the telecommunications retailer to service
7 addresses in the municipality for telecommunications
8 originating or received in the municipality; and (ii) in a
9 municipality with a population of 500,000 or less, 1.0% of
10 all gross charges charged by the telecommunications retailer
11 to service addresses in the municipality for
12 telecommunications originating or received in the
13 municipality. If imposed, the municipal telecommunications
14 infrastructure fee must be in 1/4% increments. However, the
15 fee shall not be imposed in any case in which the imposition
16 of the fee would violate the Constitution or statutes of the
17 United States.
18 (c) The municipal telecommunications infrastructure fee
19 authorized by this Section shall be collected, enforced, and
20 administered as set forth in Section 25 of this Act.
21 Section 25. Collection, enforcement, and administration
22 of telecommunications infrastructure maintenance fees.
23 (a) A telecommunications retailer shall charge each
24 customer an additional charge equal to the sum of (1) an
25 amount equal to the State infrastructure maintenance fee
26 attributable to that customer's service address and (2) an
27 amount equal to the optional infrastructure maintenance fee,
28 if any, attributable to that customer's service address and
29 (3) an amount equal to the municipal infrastructure
30 maintenance fee, if any, attributable to that customer's
31 service address. Such additional charge shall be shown
32 separately on the bill to each customer.
33 (b) The State infrastructure maintenance fee and the
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1 optional infrastructure maintenance fee shall be designated
2 as a replacement for the personal property tax and shall be
3 remitted by the telecommunications retailer to the Illinois
4 Department of Revenue; provided, however, that the
5 telecommunications retailer may retain an amount not to
6 exceed 2% of the State infrastructure maintenance fee and the
7 optional infrastructure maintenance fee, if any, collected by
8 it to reimburse itself for expenses incurred in accounting
9 for and remitting the fee. All amounts herein remitted to
10 the Department shall be transferred to the Personal Property
11 Tax Replacement Fund in the State Treasury.
12 (c) The municipal infrastructure maintenance fee shall
13 be remitted by the telecommunications retailer to the
14 municipality imposing the municipal infrastructure
15 maintenance fee; provided, however, that the
16 telecommunications retailer may retain an amount not to
17 exceed 2% of the municipal infrastructure maintenance fee
18 collected by it to reimburse itself for expenses incurred in
19 accounting for and remitting the fee. The municipality
20 imposing the municipal infrastructure maintenance fee shall
21 collect, enforce, and administer the fee.
22 (d) Amounts paid under this Act by telecommunications
23 retailers shall not be included in the tax base under any of
24 the following Acts as described immediately below:
25 (1) "gross charges" for purposes of the
26 Telecommunications Excise Tax Act;
27 (2) "gross receipts" for purposes of the municipal
28 utility tax as prescribed in Section 8-11-2 of the
29 Illinois Municipal Code;
30 (3) "gross charge" for purposes of the municipal
31 telecommunications tax as prescribed in Section 8-11-17
32 of the Illinois Municipal Code;
33 (4) "gross revenue" for purposes of the tax on
34 annual gross revenue of public utilities as prescribed in
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1 Section 2-202 of the Public Utilities Act.
2 (e) Except as provided in subsection (f), during any
3 period of time when a municipality receives any compensation
4 other than the municipal infrastructure maintenance fee set
5 forth in Section 20, for a telecommunications retailer's use
6 of the public right-of-way, no municipal infrastructure
7 maintenance fee may be imposed by such municipality pursuant
8 to this Act.
9 (f) A municipality that, pursuant to a franchise
10 agreement in existence on the effective date of this Act,
11 receives compensation from a telecommunications retailer for
12 the use of the public right of way, may impose a municipal
13 infrastructure maintenance fee pursuant to this Act only on
14 the condition that such municipality (1) waives its right to
15 receive all fees, charges and other compensation under all
16 existing franchise agreements or the like with
17 telecommunications retailers during the time that the
18 municipality imposes a municipal infrastructure maintenance
19 fee and (2) imposes by ordinance (or other proper means) a
20 municipal infrastructure maintenance fee which becomes
21 effective no sooner than 90 days after such municipality has
22 provided written notice by certified mail to each
23 telecommunications retailer with whom the municipality has an
24 existing franchise agreement, that the municipality waives
25 all compensation under such existing franchise agreement.
26 Section 30. Validity of existing franchise fees and
27 agreements.
28 (a) Upon the effective date of this Act, the municipal
29 infrastructure maintenance fee authorized by this Act shall
30 be the only fee or compensation for recovering the reasonable
31 costs of regulating the use of the public rights-of-way and
32 for the use of public rights-of-way that may be levied by or
33 otherwise required by ordinance, resolution, or contract to
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1 be paid to a municipality for the use of its public way by
2 telecommunications retailers. No new fees shall be imposed
3 upon or other charges required from telecommunications
4 retailers by municipalities from and after the effective date
5 of this Act. No telecommunications retailer paying either
6 the applicable municipal infrastructure maintenance fee or
7 the optional infrastructure maintenance fee authorized by
8 this Act may be denied the use, directly or indirectly, of
9 the public way of the municipality either imposing the
10 municipal infrastructure maintenance fee or to which the
11 optional infrastructure maintenance fee relates, as the case
12 may be, as authorized under the Telephone Company Act.
13 Nothing in this Act shall excuse any person or entity from
14 obligations imposed under any law concerning generally
15 applicable taxes or standards for construction on, over,
16 under, or within, use of or repair of the public
17 rights-of-way, including standards relating to free standing
18 towers and other structures upon the public way, nor shall
19 any person or entity be excused from any liability imposed by
20 any such law for the failure to comply with such generally
21 applicable taxes or standards governing construction on,
22 over, under, or within, use of or repair of the public
23 rights-of-way.
24 (b) Agreements between telecommunications retailers and
25 municipalities entered into before the effective date of this
26 Act regarding use of the public ways shall remain valid
27 according to and for their stated terms. If, following the
28 effective date of this Act, such an agreement is renewed
29 automatically or by agreement of the parties, the
30 compensation or fee under the agreement shall be equal to the
31 maximum amount of the municipal infrastructure maintenance
32 fee which the municipality could impose under Section 20 of
33 this Act.
34 (c) The regulation of the terms and conditions upon
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1 which poles, conduits, and other facilities located in the
2 public way may be shared by or between telecommunications
3 retailers shall be committed exclusively to the jurisdiction
4 of the Illinois Commerce Commission and the Federal
5 Communications Commission, and such regulation shall not be
6 among the home rule powers and functions described in
7 subsection (h) of Section 6 of Article VII of the Illinois
8 Constitution. Moreover, no municipality may enter into any
9 contract or agreement with a telecommunications retailer with
10 respect to the terms and conditions upon which poles,
11 conduits, and other facilities located in the public way may
12 be shared by or between telecommunications retailers.
13 Section 35. Home rule. The authorization of
14 infrastructure maintenance fees and other fees relating to
15 the use of the public right-of-way for telecommunications
16 activity imposed upon telecommunications retailers is an
17 exclusive power and function of the State. A home rule
18 municipality may not impose franchise or other fees upon or
19 require other compensation from telecommunications retailers
20 for use of the public way, other than the municipal
21 infrastructure maintenance fee authorized by this Act. This
22 Act is a denial and limitation of municipal home rule powers
23 and functions under subsection (h) of Section 6 of Article
24 VII of the Illinois Constitution.
25 Section 40. Severability. If any provision of this Act
26 or its application to any person or circumstance is held
27 invalid, the invalidity of the provision or application does
28 not affect other provisions or applications of the Act that
29 can be given effect without the invalid provision or
30 application.
31 (35 ILCS 610/2a.1 rep.)
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1 Section 905. The Messages Tax Act is amended by
2 repealing Section 2a.1.
3 Section 910. The State Revenue Sharing Act is amended by
4 changing Section 12 as follows:
5 (30 ILCS 115/12) (from Ch. 85, par. 616)
6 Sec. 12. Personal Property Tax Replacement Fund. There
7 is hereby created the Personal Property Tax Replacement Fund,
8 a special fund in the State Treasury into which shall be paid
9 all revenue realized:
10 (a) all amounts realized from the additional personal
11 property tax replacement income tax imposed by subsections
12 (c) and (d) of Section 201 of the Illinois Income Tax Act,
13 except for those amounts deposited into the Income Tax Refund
14 Fund pursuant to subsection (c) of Section 901 of the
15 Illinois Income Tax Act; and
16 (b) all amounts realized from the additional personal
17 property replacement invested capital taxes imposed by
18 Section 2a.1 of the Messages Tax Act, Section 2a.1 of the Gas
19 Revenue Tax Act, Section 2a.1 of the Public Utilities
20 Revenue Act, and Section 3 of the Water Company Invested
21 Capital Tax Act, and amounts payable to the Department of
22 Revenue under the Telecommunications Municipal Infrastructure
23 Maintenance Act.
24 As soon as may be after the end of each month, the
25 Department of Revenue shall certify to the Treasurer and the
26 Comptroller the amount of all refunds paid out of the General
27 Revenue Fund through the preceding month on account of
28 overpayment of liability on taxes paid into the Personal
29 Property Tax Replacement Fund. Upon receipt of such
30 certification, the Treasurer and the Comptroller shall
31 transfer the amount so certified from the Personal Property
32 Tax Replacement Fund into the General Revenue Fund.
HB1147 Enrolled -14- LRB9005036JSgc
1 The payments of revenue into the Personal Property Tax
2 Replacement Fund shall be used exclusively for distribution
3 to taxing districts as provided in this Section, payment of
4 the expenses of the Department of Revenue incurred in
5 administering the collection and distribution of monies paid
6 into the Personal Property Tax Replacement Fund and transfers
7 due to refunds to taxpayers for overpayment of liability for
8 taxes paid into the Personal Property Tax Replacement Fund.
9 As soon as may be after the effective date of this
10 amendatory Act of 1980, the Department of Revenue shall
11 certify to the Treasurer the amount of net replacement
12 revenue paid into the General Revenue Fund prior to that
13 effective date from the additional tax imposed by Section
14 2a.1 of the Messages Tax Act; Section 2a.1 of the Gas Revenue
15 Tax Act; Section 2a.1 of the Public Utilities Revenue Act;
16 Section 3 of the Water Company Invested Capital Tax Act;
17 amounts collected by the Department of Revenue under the
18 Telecommunications Municipal Infrastructure Maintenance Fee
19 Act; and the additional personal property tax replacement
20 income tax imposed by the Illinois Income Tax Act, as amended
21 by Public Act 81-1st Special Session-1. Net replacement
22 revenue shall be defined as the total amount paid into and
23 remaining in the General Revenue Fund as a result of those
24 Acts minus the amount outstanding and obligated from the
25 General Revenue Fund in state vouchers or warrants prior to
26 the effective date of this amendatory Act of 1980 as refunds
27 to taxpayers for overpayment of liability under those Acts.
28 All interest earned by monies accumulated in the Personal
29 Property Tax Replacement Fund shall be deposited in such
30 Fund. All amounts allocated pursuant to this Section are
31 appropriated on a continuing basis.
32 Prior to December 31, 1980, as soon as may be after the
33 end of each quarter beginning with the quarter ending
34 December 31, 1979, and on and after December 31, 1980, as
HB1147 Enrolled -15- LRB9005036JSgc
1 soon as may be after January 1, March 1, April 1, May 1, July
2 1, August 1, October 1 and December 1 of each year, the
3 Department of Revenue shall allocate to each taxing district
4 as defined in Section 1-150 of the Property Tax Code, in
5 accordance with the provisions of paragraph (2) of this
6 Section the portion of the funds held in the Personal
7 Property Tax Replacement Fund which is required to be
8 distributed, as provided in paragraph (1), for each quarter.
9 Provided, however, under no circumstances shall any taxing
10 district during each of the first two years of distribution
11 of the taxes imposed by this amendatory Act of 1979 be
12 entitled to an annual allocation which is less than the funds
13 such taxing district collected from the 1978 personal
14 property tax. Provided further that under no circumstances
15 shall any taxing district during the third year of
16 distribution of the taxes imposed by this amendatory Act of
17 1979 receive less than 60% of the funds such taxing district
18 collected from the 1978 personal property tax. In the event
19 that the total of the allocations made as above provided for
20 all taxing districts, during either of such 3 years, exceeds
21 the amount available for distribution the allocation of each
22 taxing district shall be proportionately reduced. Except as
23 provided in Section 13 of this Act, the Department shall then
24 certify, pursuant to appropriation, such allocations to the
25 State Comptroller who shall pay over to the several taxing
26 districts the respective amounts allocated to them.
27 Any township which receives an allocation based in whole
28 or in part upon personal property taxes which it levied
29 pursuant to Section 6-507 or 6-512 of the Illinois Highway
30 Code and which was previously required to be paid over to a
31 municipality shall immediately pay over to that municipality
32 a proportionate share of the personal property replacement
33 funds which such township receives.
34 Any municipality or township, other than a municipality
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1 with a population in excess of 500,000, which receives an
2 allocation based in whole or in part on personal property
3 taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6
4 of the Illinois Local Library Act and which was previously
5 required to be paid over to a public library shall
6 immediately pay over to that library a proportionate share of
7 the personal property tax replacement funds which such
8 municipality or township receives; provided that if such a
9 public library has converted to a library organized under The
10 Illinois Public Library District Act, regardless of whether
11 such conversion has occurred on, after or before January 1,
12 1988, such proportionate share shall be immediately paid over
13 to the library district which maintains and operates the
14 library. However, any library that has converted prior to
15 January 1, 1988, and which hitherto has not received the
16 personal property tax replacement funds, shall receive such
17 funds commencing on January 1, 1988.
18 Any township which receives an allocation based in whole
19 or in part on personal property taxes which it levied
20 pursuant to Section 1c of the Public Graveyards Act and which
21 taxes were previously required to be paid over to or used for
22 such public cemetery or cemeteries shall immediately pay over
23 to or use for such public cemetery or cemeteries a
24 proportionate share of the personal property tax replacement
25 funds which the township receives.
26 Any taxing district which receives an allocation based in
27 whole or in part upon personal property taxes which it levied
28 for another governmental body or school district in Cook
29 County in 1976 or for another governmental body or school
30 district in the remainder of the State in 1977 shall
31 immediately pay over to that governmental body or school
32 district the amount of personal property replacement funds
33 which such governmental body or school district would receive
34 directly under the provisions of paragraph (2) of this
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1 Section, had it levied its own taxes.
2 (1) The portion of the Personal Property Tax Replacement
3 Fund required to be distributed as of the time allocation is
4 required to be made shall be the amount available in such
5 Fund as of the time allocation is required to be made.
6 The amount available for distribution shall be the total
7 amount in the fund at such time minus the necessary
8 administrative expenses as limited by the appropriation and
9 the amount determined by: (a) $2.8 million for fiscal year
10 1981; (b) for fiscal year 1982, .54% of the funds distributed
11 from the fund during the preceding fiscal year; (c) for
12 fiscal year 1983 through fiscal year 1988, .54% of the funds
13 distributed from the fund during the preceding fiscal year
14 less .02% of such fund for fiscal year 1983 and less .02% of
15 such funds for each fiscal year thereafter, or (d) for fiscal
16 year 1989 and beyond no more than 105% of the actual
17 administrative expenses of the prior fiscal year. Such
18 portion of the fund shall be determined after the transfer
19 into the General Revenue Fund due to refunds, if any, paid
20 from the General Revenue Fund during the preceding quarter.
21 If at any time, for any reason, there is insufficient amount
22 in the Personal Property Tax Replacement Fund for payment of
23 costs of administration or for transfers due to refunds at
24 the end of any particular month, the amount of such
25 insufficiency shall be carried over for the purposes of
26 transfers into the General Revenue Fund and for purposes of
27 costs of administration to the following month or months.
28 Net replacement revenue held, and defined above, shall be
29 transferred by the Treasurer and Comptroller to the Personal
30 Property Tax Replacement Fund within 10 days of such
31 certification.
32 (2) Each quarterly allocation shall first be apportioned
33 in the following manner: 51.65% for taxing districts in Cook
34 County and 48.35% for taxing districts in the remainder of
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1 the State.
2 The Personal Property Replacement Ratio of each taxing
3 district outside Cook County shall be the ratio which the Tax
4 Base of that taxing district bears to the Downstate Tax Base.
5 The Tax Base of each taxing district outside of Cook County
6 is the personal property tax collections for that taxing
7 district for the 1977 tax year. The Downstate Tax Base is
8 the personal property tax collections for all taxing
9 districts in the State outside of Cook County for the 1977
10 tax year. The Department of Revenue shall have authority to
11 review for accuracy and completeness the personal property
12 tax collections for each taxing district outside Cook County
13 for the 1977 tax year.
14 The Personal Property Replacement Ratio of each Cook
15 County taxing district shall be the ratio which the Tax Base
16 of that taxing district bears to the Cook County Tax Base.
17 The Tax Base of each Cook County taxing district is the
18 personal property tax collections for that taxing district
19 for the 1976 tax year. The Cook County Tax Base is the
20 personal property tax collections for all taxing districts in
21 Cook County for the 1976 tax year. The Department of Revenue
22 shall have authority to review for accuracy and completeness
23 the personal property tax collections for each taxing
24 district within Cook County for the 1976 tax year.
25 For all purposes of this Section 12, amounts paid to a
26 taxing district for such tax years as may be applicable by a
27 foreign corporation under the provisions of Section 7-202 of
28 the Public Utilities Act, as amended, shall be deemed to be
29 personal property taxes collected by such taxing district for
30 such tax years as may be applicable. The Director shall
31 determine from the Illinois Commerce Commission, for any tax
32 year as may be applicable, the amounts so paid by any such
33 foreign corporation to any and all taxing districts. The
34 Illinois Commerce Commission shall furnish such information
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1 to the Director. For all purposes of this Section 12, the
2 Director shall deem such amounts to be collected personal
3 property taxes of each such taxing district for the
4 applicable tax year or years.
5 Taxing districts located both in Cook County and in one
6 or more other counties shall receive both a Cook County
7 allocation and a Downstate allocation determined in the same
8 way as all other taxing districts.
9 If any taxing district in existence on July 1, 1979
10 ceases to exist, or discontinues its operations, its Tax Base
11 shall thereafter be deemed to be zero. If the powers, duties
12 and obligations of the discontinued taxing district are
13 assumed by another taxing district, the Tax Base of the
14 discontinued taxing district shall be added to the Tax Base
15 of the taxing district assuming such powers, duties and
16 obligations.
17 If two or more taxing districts in existence on July 1,
18 1979, or a successor or successors thereto shall consolidate
19 into one taxing district, the Tax Base of such consolidated
20 taxing district shall be the sum of the Tax Bases of each of
21 the taxing districts which have consolidated.
22 If a single taxing district in existence on July 1, 1979,
23 or a successor or successors thereto shall be divided into
24 two or more separate taxing districts, the tax base of the
25 taxing district so divided shall be allocated to each of the
26 resulting taxing districts in proportion to the then current
27 equalized assessed value of each resulting taxing district.
28 If a portion of the territory of a taxing district is
29 disconnected and annexed to another taxing district of the
30 same type, the Tax Base of the taxing district from which
31 disconnection was made shall be reduced in proportion to the
32 then current equalized assessed value of the disconnected
33 territory as compared with the then current equalized
34 assessed value within the entire territory of the taxing
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1 district prior to disconnection, and the amount of such
2 reduction shall be added to the Tax Base of the taxing
3 district to which annexation is made.
4 If a community college district is created after July 1,
5 1979, beginning on the effective date of this amendatory Act
6 of 1995, its Tax Base shall be 3.5% of the sum of the
7 personal property tax collected for the 1977 tax year within
8 the territorial jurisdiction of the district.
9 The amounts allocated and paid to taxing districts
10 pursuant to the provisions of this amendatory Act of 1979
11 shall be deemed to be substitute revenues for the revenues
12 derived from taxes imposed on personal property pursuant to
13 the provisions of the "Revenue Act of 1939" or "An Act for
14 the assessment and taxation of private car line companies",
15 approved July 22, 1943, as amended, or Section 414 of the
16 Illinois Insurance Code, prior to the abolition of such taxes
17 and shall be used for the same purposes as the revenues
18 derived from ad valorem taxes on real estate.
19 Monies received by any taxing districts from the Personal
20 Property Tax Replacement Fund shall be first applied toward
21 payment of the proportionate amount of debt service which was
22 previously levied and collected from extensions against
23 personal property on bonds outstanding as of December 31,
24 1978 and next applied toward payment of the proportionate
25 share of the pension or retirement obligations of the taxing
26 district which were previously levied and collected from
27 extensions against personal property. For each such
28 outstanding bond issue, the County Clerk shall determine the
29 percentage of the debt service which was collected from
30 extensions against real estate in the taxing district for
31 1978 taxes payable in 1979, as related to the total amount of
32 such levies and collections from extensions against both real
33 and personal property. For 1979 and subsequent years' taxes,
34 the County Clerk shall levy and extend taxes against the real
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1 estate of each taxing district which will yield the said
2 percentage or percentages of the debt service on such
3 outstanding bonds. The balance of the amount necessary to
4 fully pay such debt service shall constitute a first and
5 prior lien upon the monies received by each such taxing
6 district through the Personal Property Tax Replacement Fund
7 and shall be first applied or set aside for such purpose. In
8 counties having fewer than 3,000,000 inhabitants, the
9 amendments to this paragraph as made by this amendatory Act
10 of 1980 shall be first applicable to 1980 taxes to be
11 collected in 1981.
12 (Source: P.A. 88-670, eff. 12-2-94; 89-327, eff. 1-1-96.)
13 Section 915. The Public Utilities Act is amended by
14 adding Section 13-511 and changing Section 13-704 as follows:
15 (220 ILCS 5/13-511 new)
16 Sec. 13-511. Telecommunications Municipal Infrastructure
17 Maintenance Fee Act; rate adjustments. With respect to any
18 telecommunications retailer that is regulated by the Illinois
19 Commerce Commission, the Commission shall order such rate
20 adjustments as shall be necessary to assure that the
21 implementation of the Telecommunications Municipal
22 Infrastructure Maintenance Fee Act, including the payment of
23 the State infrastructure maintenance fee, optional
24 infrastructure maintenance fee, and municipal infrastructure
25 maintenance fee, if any, net of (1) the termination of any
26 fee, license fee, rent, or lease payment subject to the
27 Telecommunications Municipal Infrastructure Maintenance Fee
28 Act, and (2) the repeal of any invested capital tax subject
29 to the Telecommunications Municipal Infrastructure
30 Maintenance Fee Act, shall have no significant impact on the
31 net income of each such telecommunications retailer.
32 Beginning with the effective date of the Telecommunications
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1 Municipal Infrastructure Maintenance Fee Act, each such
2 telecommunications retailer shall maintain such records and
3 accounts as will enable the Commission to make such findings
4 and determinations as are necessary to such order.
5 (220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
6 (This Section is scheduled to be repealed July 1, 1999.)
7 Sec. 13-704. Each page of a billing statement which sets
8 forth charges assessed against a customer by a
9 telecommunications carrier for telecommunications service
10 shall reflect the telephone number or customer account number
11 to which the charges are being billed. The billing statement
12 shall also contain a separate bill identifying the amount
13 charged as an infrastructure maintenance fee.
14 (Source: P.A. 84-1063.)
15 Section 920. The Telephone Company Act is amended by
16 changing Section 4 as follows:
17 (220 ILCS 65/4) (from Ch. 134, par. 20)
18 Sec. 4. Right of condemnation. Every telecommunciations
19 carrier as defined in the Telecommunications Municipal
20 Infrastructure Maintenance Fee Act such company may, when it
21 shall be necessary for the construction, maintenance,
22 alteration or extension of its telecommunications system
23 telephone system, or any part thereof, enter upon, take or
24 damage private property in the manner provided for in, and
25 the compensation therefor shall be ascertained and made in
26 conformity to the provisions of the Telegraph Act. "An Act to
27 revise the law in relation to telegraph companies", approved
28 March 24, 1874, and every telecommunications carrier such
29 company is authorized to construct, maintain, alter and
30 extend its poles, wires, cables and other appliances as a
31 proper use of highways, along, upon, under and across any
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1 highway, street, alley, public right-of-way dedicated or
2 commonly used for utility purposes, or water or public ground
3 in this State, but so as not to incommode the public in the
4 use thereof: Provided, that nothing in this act shall
5 interfere with the control now vested in cities, incorporated
6 towns and villages in relation to the regulation of the
7 poles, wires, cables and other appliances, and provided, that
8 before any such lines shall be constructed along any such
9 highway, street, alley, public right-of-way dedicated or
10 commonly used for utility purposes, or water it shall be the
11 duty of the telecommunications carrier telephone company
12 proposing to construct any such line, to give (in the case of
13 cities, villages, and incorporated towns) to the corporate
14 authorities of the municipality or their designees
15 (hereinafter, municipal corporate authorities) or (in other
16 cases) to the highway commissioners having jurisdiction and
17 control over the road or part thereof along and over which
18 such line is proposed to be constructed, notice in writing in
19 the form of plans, specifications, and documentation of the
20 purpose and intention of the said company to construct such
21 line over and along the said road or highway, street, alley,
22 public right-of-way dedicated or commonly used for utility
23 purposes, or water, which said notice shall be served at
24 least 10 ten days before the said line shall be placed or
25 constructed over and along the said highway, street, alley,
26 public right-of-way dedicated or commonly used for utility
27 purposes, or water (30 days in the case of any notice
28 providing for excavation relating to new construction in a
29 public highway, street, alley, public right-of-way dedicated
30 or commonly used for utility purposes, or water); and upon
31 the giving of the said notice it shall be the duty of the
32 municipal corporate authorities or the said highway
33 commissioners to specify the portion of such road or highway,
34 street, alley, public right-of-way dedicated or commonly used
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1 for utility purposes, or water upon which the said line may
2 be placed, used, and constructed, and it shall thereupon be
3 the duty of the telecommunications retailer to provide the
4 municipal authorities or highway commissioners with any and
5 all plans, specifications, and documentation available and
6 said company to construct its said line in accordance with
7 such specifications; but in the event that the municipal
8 corporate authorities or the said highway commissioners
9 shall, for any reason, fail to provide make such
10 specification within 10 ten days after the service of such
11 notice, (25 days in the case of excavation relating to new
12 construction) then the telecommunications retailer said
13 company, without such specification having been made, may
14 proceed to place and erect its said line along the said
15 highway, street, alley, public right-of-way dedicated or
16 commonly used for utility purposes, or water by placing its
17 posts, poles and abutments so as not to interfere with other
18 proper uses of the said road or highway, street, alley,
19 public right-of-way dedicated or commonly used for utility
20 purposes, or water. The telecommunications carrier telephone
21 company proposing to construct any such line shall comply
22 with the provisions of Section 9--113 of the Illinois Highway
23 Code, as the same may from time to time be amended. Provided,
24 that the telecommunications carrier such telephone companies
25 shall not have the right to condemn any portion of the
26 right-of-way right of way of any railroad company except as
27 much thereof as is necessary to cross the same.
28 The Illinois Commerce Commission may adopt reasonable
29 rules governing the negotiation procedures that are used by a
30 telecommunications carrier company described in Section 1 of
31 this Act during precondemnation negotiations for the purchase
32 of land rights-of-way and right-of-way easements, including
33 procedures for providing information to the public and
34 affected landowners concerning the project and the
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1 right-of-way easements sought in connection therewith.
2 Such rules may be made applicable to interstate,
3 competitive intrastate and noncompetitive intrastate
4 facilities, without regard to whether such facilities or the
5 telephone company or telecommunications carrier proposing to
6 construct and operate them would otherwise be subject to the
7 Illinois Commerce Commission's jurisdiction under The Public
8 Utilities Act, as now or hereafter amended. However, as to
9 facilities used to provide exclusively interstate services or
10 competitive intrastate services or both, nothing in this
11 Section confers any power upon the Commission (i) to require
12 the disclosure of proprietary, competitively sensitive, or
13 cost information or information not known to the telephone
14 company or telecommunications carrier, (ii) to determine
15 whether, or conduct hearings regarding whether, any proposed
16 fiber optic or other facilities should or should not be
17 constructed and operated, or (iii) to determine or specify,
18 or conduct hearings concerning, the price or other terms or
19 conditions of the purchase of the right-of-way easements
20 sought. With respect to facilities used to provide any
21 intrastate services classified in the condemnor's tariff as
22 noncompetitive under Section 13-502 of The Public Utilities
23 Act, as now or hereafter amended, the rulemaking powers
24 conferred upon the Commission under this Section are in
25 addition to any rulemaking powers arising under The Public
26 Utilities Act, as now or hereafter amended.
27 No telephone company or telecommunications carrier shall
28 exercise the power to condemn private property until it has
29 first substantially complied with such rules with respect to
30 the property sought to be condemned. If such rules call for
31 providing notice or information before or during
32 negotiations, a failure to provide such notice or information
33 shall not constitute a waiver of the rights granted in this
34 Section, but the telephone company or telecommunications
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1 carrier shall be liable for all reasonable attorney's fees of
2 that landowner resulting from such failure.
3 (Source: P.A. 86-221.)