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91_HB3192ham001
LRB9111248SMdvam01
1 AMENDMENT TO HOUSE BILL 3192
2 AMENDMENT NO. . Amend House Bill 3192 by replacing
3 the title with the following:
4 "AN ACT to amend the Telecommunications Municipal
5 Infrastructure Maintenance Fee Act by changing Section 20.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Telecommunications Municipal
10 Infrastructure Maintenance Fee Act is amended by changing
11 Section 20 as follows:
12 (35 ILCS 635/20)
13 Sec. 20. Municipal telecommunications infrastructure
14 maintenance fee.
15 (a) A municipality may impose a municipal infrastructure
16 maintenance fee upon telecommunications retailers in an
17 amount specified in subsection (b). On and after the
18 effective date of this amendatory Act of 1997, a certified
19 copy of an ordinance or resolution imposing a fee under this
20 Section shall be filed with the Department of Revenue within
21 30 days after the effective date of this amendatory Act or
-2- LRB9111248SMdvam01
1 the effective date of the ordinance or resolution imposing
2 such fee, whichever is later. Failure to file a certified
3 copy of the ordinance or resolution imposing a fee under this
4 Section shall have no effect on the validity of the ordinance
5 or resolution. The Department of Revenue shall create and
6 maintain a list of all ordinances and resolutions filed
7 pursuant to this Section and make that list, as well as
8 copies of the ordinances and resolutions, available to the
9 public for a reasonable fee.
10 (b) The amount of the municipal infrastructure
11 maintenance fee imposed upon a telecommunications retailer
12 under this Section shall not exceed: (i) in a municipality
13 with a population of more than 500,000, 2.0% of all gross
14 charges charged by the telecommunications retailer to service
15 addresses in the municipality for telecommunications
16 originating or received in the municipality; and (ii) in a
17 municipality with a population of 500,000 or less, 1.0% of
18 all gross charges charged by the telecommunications retailer
19 to service addresses in the municipality for
20 telecommunications originating or received in the
21 municipality. If imposed, the municipal telecommunications
22 infrastructure fee must be in 1/4% increments. However, the
23 fee shall not be imposed in any case in which the imposition
24 of the fee would violate the Constitution or statutes of the
25 United States.
26 (c) The municipal telecommunications infrastructure fee
27 authorized by this Section shall be collected, enforced, and
28 administered as set forth in subsection (c) of Section 25 of
29 this Act.
30 (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)".