State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]

91_SB0659ham001

 










                                           LRB9104061PTpkam03

 1                    AMENDMENT TO SENATE BILL 659

 2        AMENDMENT NO.     .  Amend Senate Bill  659  on  page  1,
 3    line 1, by replacing "taxes," with "taxes and fees,"; and

 4    on  page  8,  line  1,  after  the  period,  by inserting the
 5    following:
 6    ""Prepaid  telephone  calling  card  arrangement"  does   not
 7    include an arrangement whereby a customer purchases a payment
 8    card  and pursuant to which the service provider reflects the
 9    amount of such purchase as a credit on an invoice  issued  to
10    that customer under an existing subscription plan."; and

11    on page 10, below line 9, by inserting the following:

12        "Section    27.     The    Telecommunications   Municipal
13    Infrastructure Maintenance Fee Act  is  amended  by  changing
14    Section 20 as follows:

15        (35 ILCS 635/20)
16        Sec.   20.  Municipal  telecommunications  infrastructure
17    maintenance fee.
18        (a)  A municipality may impose a municipal infrastructure
19    maintenance  fee  upon  telecommunications  retailers  in  an
20    amount  specified  in  subsection  (b).  On  and  after   the
21    effective  date  of  this amendatory Act of 1997, a certified
 
                            -2-            LRB9104061PTpkam03
 1    copy of an ordinance or resolution imposing a fee under  this
 2    Section  shall  be  filed  with the Department within 30 days
 3    after the effective  date  of  this  amendatory  Act  or  the
 4    effective  date  of the ordinance or resolution imposing such
 5    fee, whichever is later.  Failure to file a certified copy of
 6    the ordinance or resolution imposing a fee under this Section
 7    shall have no effect on the  validity  of  the  ordinance  or
 8    resolution.   The Department shall create and maintain a list
 9    of all ordinances and  resolutions  filed  pursuant  to  this
10    Section  and  make  that  list,  as  well  as  copies  of the
11    ordinances and resolutions, available to  the  public  for  a
12    reasonable fee.
13        (b)  The   amount   of   the   municipal   infrastructure
14    maintenance  fee  imposed  upon a telecommunications retailer
15    under this Section shall not exceed: (i)  in  a  municipality
16    with  a  population  of  more than 500,000, 2.0% of all gross
17    charges charged by the telecommunications retailer to service
18    addresses  in   the   municipality   for   telecommunications
19    originating  or  received  in the municipality; and (ii) in a
20    municipality with a population of 500,000 or  less,  1.0%  of
21    all  gross charges charged by the telecommunications retailer
22    to   service    addresses    in    the    municipality    for
23    telecommunications    originating    or   received   in   the
24    municipality. If imposed,  the  municipal  telecommunications
25    infrastructure  fee  must be in 1/4% increments. However, the
26    fee shall not be imposed in any case in which the  imposition
27    of  the fee would violate the Constitution or statutes of the
28    United States.
29        (c)  The municipal telecommunications infrastructure  fee
30    authorized  by this Section shall be collected, enforced, and
31    administered as set forth in subsection (c) of Section 25  of
32    this Act.
33        (d)  A  municipality  with  a  population  of  more  than
34    500,000  that  imposes a municipal infrastructure maintenance
 
                            -3-            LRB9104061PTpkam03
 1    fee under this Section may, by ordinance, exempt from the fee
 2    all charges  for  the  inbound  toll-free  telecommunications
 3    service  commonly  known  as  "800", "877", or "888" or for a
 4    similar service.
 5    (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff.  12-16-97.)";
 6    and

 7    on  page  18,  line  25,  after  the period, by inserting the
 8    following:
 9    ""Prepaid  telephone  calling  card  arrangement"  does   not
10    include an arrangement whereby a customer purchases a payment
11    card  and pursuant to which the service provider reflects the
12    amount of such purchase as a credit on an invoice  issued  to
13    that customer under an existing subscription plan."; and

14    on  page  29,  line  25,  after  the period, by inserting the
15    following:
16    ""Prepaid  telephone  calling  card  arrangement"  does   not
17    include an arrangement whereby a customer purchases a payment
18    card  and pursuant to which the service provider reflects the
19    amount of such purchase as a credit on an invoice  issued  to
20    that customer under an existing subscription plan."; and

21    on page 30, below line 34, by inserting the following:
22        "(g)  A  municipality  with  a  population  of  more than
23    500,000 that  imposes  a  tax  under  this  Section  may,  by
24    ordinance,  exempt  from  the tax all charges for the inbound
25    toll-free telecommunications service commonly known as "800",
26    "877", or "888" or for a similar service.".

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