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92nd General Assembly

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Public Act 92-0474

HB0843 Enrolled                                LRB9205887REdv

    AN ACT concerning telecommunications.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.   Short  title.  This Act may be cited as the
Mobile Telecommunications Sourcing Conformity Act.

    Section 5.  Legislative  intent.   The  General  Assembly
recognizes  that  the Mobile Telecommunications Sourcing Act,
Public Law 106-252, codified at 4 U.S.C Sections 116  through
126,  was  passed  by the United States Congress to establish
sourcing requirements for state and local taxation of  mobile
telecommunication  services.   In  general, the rules provide
that taxes on mobile  telecommunications  services  shall  be
collected   and   remitted  to  the  jurisdiction  where  the
customer's primary use of the services  occurs,  irrespective
of  where  the  mobile telecommunications services originate,
terminate, or pass through.  By passing this  legislation  in
the  State  of  Illinois,  the  General  Assembly  desires to
implement that Act in this State by establishing  the  Mobile
Telecommunications  Sourcing  Conformity  Act  and  to inform
State and local government officials of its provisions as  it
applies to the taxes of this State.

    Section 10.  Definitions.  As used in this Act:
    "Charges  for  mobile  telecommunications services" means
any  charge  for,  or  associated  with,  the  provision   of
commercial  mobile  radio service, as defined in Section 20.3
of Title 47 of the Code of Federal Regulations as  in  effect
on  June  1,  1999,  or any charge for, or associated with, a
service provided as an adjunct to a commercial  mobile  radio
service,  that  is  billed  to  the  customer  by  or for the
customer's  home  service  provider  regardless  of   whether
individual  transmissions  originate  or terminate within the
licensed service area of the home service provider.
    "Customer" means (i) the person or entity that  contracts
with  the home service provider for mobile telecommunications
services or (ii) if the end user of mobile telecommunications
services is not the contracting party, the end  user  of  the
mobile  telecommunications  services,  but  this  clause (ii)
applies only for the purpose  of  determining  the  place  of
primary  use.   "Customer" does not include (i) a reseller of
mobile telecommunications service or (ii) a  serving  carrier
under  an  arrangement to serve the customer outside the home
service provider's licensed service area.
    "Designated  database  provider"  means  a   corporation,
association,  or  other entity representing all the political
subdivisions of a State that is:
         (i)  responsible   for   providing   an   electronic
    database prescribed in Section 25 if the  State  has  not
    provided such electronic database; and
         (ii)  approved  by municipal and county associations
    or leagues of the State  whose  responsibility  it  would
    otherwise  be  to  provide  such  database  prescribed by
    Sections 116 through 126 of Title 4 of the United  States
    Code.
    "Enhanced zip code" means a United States postal zip code
of 9 or more digits.
    "Home   service   provider"  means  the  facilities-based
carrier or reseller with which the customer contracts for the
provision of mobile telecommunications services.
    "Licensed service area"  means  the  geographic  area  in
which  the  home  service  provider  is  authorized by law or
contract to provide commercial mobile radio  service  to  the
customer.
    "Mobile   telecommunications  service"  means  commercial
mobile radio service, as defined in Section 20.3 of Title  47
of  the  Code  of Federal Regulations as in effect on June 1,
1999.
    "Place  of  primary  use"  means   the   street   address
representative  of  where  the  customer's  use of the mobile
telecommunications service primarily occurs, which must be:
         (i)  the residential street address or  the  primary
    business street address of the customer; and
         (ii)  within  the  licensed service area of the home
    service provider.
    "Prepaid telephone calling services" means the  right  to
purchase exclusively telecommunications services that must be
paid  for  in  advance  that enables the origination of calls
using an access number, authorization code, or both,  whether
manually or electronically dialed, if the remaining amount of
units  of  service  that  have  been  prepaid is known by the
provider of the prepaid service on a continuous basis.
    "Reseller"    means    a    provider    who     purchases
telecommunications  services  from another telecommunications
service provider and then resells, uses as a  component  part
of,  or  integrates  the  purchased  services  into  a mobile
telecommunications service.  "Reseller" does  not  include  a
serving  carrier  with which a home service provider arranges
for the services to its customers outside  the  home  service
provider's licensed service area.
    "Serving   carrier"   means  a  facilities-based  carrier
providing mobile telecommunications  service  to  a  customer
outside  a  home  service  provider's  or reseller's licensed
service area.
    "Taxing jurisdiction" means any of  the  several  states,
the  District  of Columbia, or any territory or possession of
the United States, any municipality, city, county,  township,
parish,  transportation district, or assessment jurisdiction,
or any other political  subdivision  within  the  territorial
limits  of  the  United States with the authority to impose a
tax, charge, or fee.

    Section 15.  Application of this Act.  The provisions  of
this Act shall apply as follows:
    (a)  General  provisions.   This  Act  shall apply to any
tax,  charge,  or  fee  levied  by  the  State  or  a  taxing
jurisdiction within this State as a  fixed  charge  for  each
customer  or  measured  by gross amounts charged to customers
for mobile telecommunications services, regardless of whether
the tax, charge, or fee is imposed on the vendor or  customer
of  the  service  and  regardless  of the terminology used to
describe the tax, charge, or fee.
    (b)  General exceptions.  This Act does not apply to:
         (1)  any tax, charge, or fee levied upon or measured
    by the net income, capital stock, net worth, or  property
    value   of  the  provider  of  mobile  telecommunications
    service;
         (2)  any tax, charge, or fee that is applied  to  an
    equitably  apportioned amount that is not determined on a
    transactional basis;
         (3)  any  tax,  charge,  or  fee   that   represents
    compensation  for  a  mobile  telecommunications  service
    provider's  use  of  public rights of way or other public
    property, provided that such tax, charge, or fee  is  not
    levied  by  the taxing jurisdiction as a fixed charge for
    each customer or measured by  gross  amounts  charged  to
    customers for mobile telecommunications services;
         (4)  any    generally    applicable   business   and
    occupation tax that is imposed by a State, is applied  to
    gross  receipts or gross proceeds, is the legal liability
    of the home service provider, and that statutorily allows
    the home service provider to elect to  use  the  sourcing
    method required in this Act;
         (5)  any  fee  related  to obligations under Section
    254 of the federal Communications Act of 1934; or
         (6)  any tax, charge, or fee imposed by the  Federal
    Communications Commission.
    (c)  Specific exceptions.  The provisions of this Act:
         (1)  do not apply to the determination of the taxing
    situs of prepaid telephone calling services;
         (2)  do  not  affect  the  taxability  of either the
    initial sale of  mobile  telecommunications  services  or
    subsequent  resale  of such services, whether as sales of
    such services alone or as a part of a bundled product, if
    the federal Internet Tax Freedom  Act  would  preclude  a
    taxing  jurisdiction  from  subjecting the charges of the
    sale of such services to a tax, charge, or fee, but  this
    Section provides no evidence of the intent of the General
    Assembly with respect to the applicability of the federal
    Internet Tax Freedom Act to such charges; and
         (3)  do not apply to the determination of the taxing
    situs  of air-ground radiotelephone service as defined in
    Section  22.99  of  Title  47  of  the  Code  of  Federal
    Regulations as in effect on June 1, 1999.
    (d)  Date of applicability.  The provisions of  this  Act
apply to customer bills issued on or after August 1, 2002.

    Section  20. Sourcing rules for mobile telecommunications
services.
    (a)  Notwithstanding  the  law  of  this  State  or   any
political     subdivision     of     this    State,    mobile
telecommunications services provided in a taxing jurisdiction
to a customer, the charges for which are billed by or for the
customer's home service  provider,  shall  be  deemed  to  be
provided by the customer's home service provider.
    (b)  All  charges  for mobile telecommunications services
that are deemed to be provided by the customer's home service
provider under this Act are authorized  to  be  subjected  to
tax,  charge,  or  fee  by  the  taxing  jurisdictions  whose
territorial  limits encompass the customer's place of primary
use,  regardless  of  where  the  mobile   telecommunications
services  originate, terminate, or pass through, and no other
taxing jurisdiction may impose taxes,  charges,  or  fees  on
charges for such mobile telecommunications services.

    Section 25.  Provision of electronic database.
    (a)  The  State  may  provide an electronic database to a
home service provider or, if the State does not provide  such
an  electronic  database  to home service providers, then the
designated  database  provider  may  provide  an   electronic
database to a home service provider.
    (b)  The  electronic  database,  whether  provided by the
State or the designated database provider, shall:
         (1)  be  provided  in  a  format  approved  by   the
    American   National   Standards   Institute's  Accredited
    Standards Committee X12, that, allowing  for  de  minimis
    deviations,  designates  for  each  street address in the
    State, including to the extent  practical,  any  multiple
    postal   street   addresses   applicable  to  one  street
    location, the appropriate taxing jurisdictions,  and  the
    appropriate  code  for each taxing jurisdiction, for each
    level  of  taxing   jurisdiction,   identified   by   one
    nationwide  standard numeric code described in subsection
    (c); and
         (2)  also provide  the  appropriate  code  for  each
    street  address  with  respect  to political subdivisions
    that are not taxing jurisdictions when reasonably  needed
    to determine the proper taxing jurisdiction.
    (c)  The  nationwide standard numeric codes shall contain
the  same  number  of  numeric  digits  with  each  digit  or
combination of digits referring to the same level  of  taxing
jurisdiction  throughout  the  United  States  using a format
similar to FIPS 55-3 or other appropriate  standard  approved
by  the  Federation  of Tax Administrators and the Multistate
Tax Commission, or their successors.  Each address  shall  be
provided in standard postal format.

    Section   30.   Notice;  updates.   If  the  State  or  a
designated  database  provider  provides  or   maintains   an
electronic  database  described in Section 25, then the State
or the electronic database provider shall provide  notice  of
the availability of the then current electronic database, and
any  subsequent  revisions  thereof,  by  publication  in the
manner normally employed for the publication of informational
tax, charge, or fee notices to taxpayers in the State.

    Section 35.  User held harmless.  A home service provider
using the data contained in an electronic database  described
in Section 25 shall be held harmless from any tax, charge, or
fee  liability that otherwise would be due solely as a result
of any error or omission in  the  database  provided  by  the
State  or  designated  database  provider.   The home service
provider shall reflect changes made to the database during  a
calendar  quarter not later than 30 days after the end of the
calendar quarter if  the  State  or  an  electronic  database
provider  issues  notice of the availability of an electronic
database reflecting the changes under Section 30.

    Section 40.  Safe harbor.
    (a)  If neither  the  State  nor  a  designated  database
provider  provides an electronic database under Section 25, a
home service provider shall be held harmless  from  any  tax,
charge,  or  fee liability that otherwise would be due solely
as a result of an  assignment  of  a  street  address  to  an
incorrect  taxing jurisdiction if, subject to Section 60, the
home service provider employs an enhanced zip code to  assign
each  street  address  to  a specific taxing jurisdiction for
each level of taxing jurisdiction and exercises due diligence
at each level of taxing jurisdiction to ensure that each such
street  address   is   assigned   to   the   correct   taxing
jurisdiction.  If an enhanced zip code overlaps boundaries of
taxing  jurisdictions  of  the  same  level, the home service
provider must designate one specific jurisdiction within  the
enhanced  zip  code  for  use  in taxing the activity for the
enhanced zip code for each level of taxing jurisdiction.  Any
enhanced zip  code  assignment  changed  in  accordance  with
Section 60 is deemed to be in compliance with this Section.
    (b)  For  purposes of this Section, there is a rebuttable
presumption that a home service provider  has  exercised  due
diligence  if  the home service provider demonstrates that it
has:
         (1)  expended reasonable resources to implement  and
    maintain an appropriately detailed electronic database of
    street address assignments to taxing jurisdictions;
         (2)  implemented  and maintained reasonable internal
    controls to promptly  correct  misassignments  of  street
    addresses to taxing jurisdictions; and
         (3)  used  all reasonably obtainable and usable data
    pertaining  to  municipal  annexations,   incorporations,
    reorganizations,  and any other changes in jurisdictional
    boundaries that materially affect  the  accuracy  of  the
    database.

    Section  45.   Termination  of  safe  harbor.  Section 40
applies to a home service provider that is in compliance with
the requirements of Section 40 until the later of:
    (1)  Eighteen  months  after  the   nationwide   standard
numeric code described in Section 25 has been approved by the
Federation  of  Tax  Administrators  and  the  Multistate Tax
Commission; or
    (2)  Six months after the State or a designated  database
provider in the State provides such database as prescribed in
Section 25.

    Section 50.  Home service provider required to obtain and
maintain  customer's  place  of  primary use.  A home service
provider shall be responsible for obtaining  and  maintaining
the  customer's place of primary use, as defined in this Act.
Subject to Section 60, and if  the  home  service  provider's
reliance  on  information provided by its customer is in good
faith, a taxing jurisdiction shall:
    (1)  allow  a  home  service  provider  to  rely  on  the
applicable residential or business street address supplied by
the home service provider's customer; and
    (2)  not hold a home  service  provider  liable  for  any
additional  taxes,  charges,  or  fees  based  on a different
determination of the place of primary use for taxes, charges,
or fees that are customarily passed on to the customer  as  a
separate itemized charge.

    Section  55.   Primary place of use for service contracts
in effect on or before July 28, 2002.  Except as provided  in
Section  60, a taxing jurisdiction shall allow a home service
provider to treat  the  address  used  by  the  home  service
provider  for  tax  purposes for any customer under a service
contract or agreement in effect on or before July 28, 2002 as
that customer's place of primary use for the  remaining  term
of the service contract or agreement, excluding any extension
or renewal of the service contract or agreement, for purposes
of  determining  the  taxing  jurisdictions  to  which taxes,
charges, or fees on  charges  for  mobile  telecommunications
services are remitted.

    Section 60. Determination by taxing jurisdiction or State
concerning  place  of  primary  use;  notice  to home service
provider.  A taxing jurisdiction or the State, on  behalf  of
any  taxing  jurisdiction or taxing jurisdictions within this
State, may:
    (a)  determine that the  address  used  for  purposes  of
determining the taxing jurisdictions to which taxes, charges,
or  fees  for mobile telecommunications services are remitted
does not meet the definition of place of primary use in  this
Act  and  give binding notice to the home service provider to
change the place of primary use on a prospective  basis  from
the date of notice of determination if:
         (1)  the  taxing jurisdiction obtains the consent of
    all affected taxing jurisdictions within the State before
    giving  the  notice  of  determination  (if  the   taxing
    jurisdiction  making the determination is not the State);
    and
         (2)  before the taxing jurisdiction gives the notice
    of determination, the customer is given an opportunity to
    demonstrate in accordance with applicable State or  local
    tax,  charge,  or  fee administrative procedures that the
    address is the customer's place of primary use.
    (b)  determine  that   the   assignment   of   a   taxing
jurisdiction by a home service provider under Section 40 does
not  reflect the correct taxing jurisdiction and give binding
notice to the home service provider to change the  assignment
on   a   prospective   basis  from  the  date  of  notice  of
determination if:
         (1)  the taxing jurisdiction obtains the consent  of
    all affected taxing jurisdictions within the State before
    giving   the  notice  of  determination  (if  the  taxing
    jurisdiction making the determination is not the  State);
    and
         (2)  the   home   service   provider   is  given  an
    opportunity to demonstrate in accordance with  applicable
    State   or  local  tax,  charge,  or  fee  administrative
    procedures  that  the  assignment  reflects  the  correct
    taxing jurisdiction.

    Section  65.   No   change   to   authority   of   taxing
jurisdiction  to  collect  tax  if  customer fails to provide
place of primary use.  Nothing in this Act modifies, impairs,
supersedes, or authorizes the  modification,  impairment,  or
supersession  of,  any  law allowing a taxing jurisdiction to
collect a tax, charge, or fee from a customer that has failed
to provide its place of primary use.

    Section 70.  Tax may be imposed on items not  subject  to
taxation  if  those items not separately stated.  If a taxing
jurisdiction does not otherwise subject  charges  for  mobile
telecommunications  services to taxation and if these charges
are aggregated with and not separately  stated  from  charges
that are subject to taxation, then the charges for nontaxable
mobile telecommunications services may be subject to taxation
unless  the  home  service  provider  can reasonably identify
charges not subject to such tax,  charge,  or  fee  from  its
books  and  records  that  are  kept in the regular course of
business.

    Section 75. Customers and otherwise non-taxable  charges.
If  a taxing jurisdiction does not subject charges for mobile
telecommunications services to taxation, a customer  may  not
rely   upon   the   nontaxability   of   charges  for  mobile
telecommunications  services  unless  the   customer's   home
service provider separately states the charges for nontaxable
mobile  telecommunications  services  from taxable charges or
the home service provider elects, after receiving  a  written
request  from  the  customer  in  the  form  required  by the
provider, to provide verifiable  data  based  upon  the  home

service  provider's  books  and  records that are kept in the
regular course of business  that  reasonably  identifies  the
nontaxable charges.

    Section  80.   Customers'  procedures  and  remedies  for
correcting taxes and fees.
    (a)  If  a  customer  believes  that  an amount of tax or
assignment of place of primary  use  or  taxing  jurisdiction
included on a billing is erroneous, the customer shall notify
the  home  service  provider  in writing.  The customer shall
include in this written notification the street  address  for
her  or his place of primary use, the account name and number
for  which  the  customer  seeks  a  correction  of  the  tax
assignment, a  description  of  the  error  asserted  by  the
customer,  and  any  other  information that the home service
provider reasonably requires to process the request.   Within
60  days  after receiving a notice under this subsection (a),
the home service provider shall review its  records  and  the
electronic  database  or  enhanced  zip code used pursuant to
Section  25  or  40  to  determine  the   customer's   taxing
jurisdiction.   If  this review shows that the amount of tax,
assignment of place of primary use, or taxing jurisdiction is
in error, the home service provider shall correct  the  error
and  refund or credit the amount of tax erroneously collected
from the customer for a period of up to  2  years.   If  this
review  shows  that the amount of tax, assignment of place of
primary use, or taxing  jurisdiction  is  correct,  the  home
service  provider  shall provide a written explanation to the
customer.
    (b)  If the customer is dissatisfied with the response of
the home service provider under this  Section,  the  customer
may  seek  a  correction  or  refund  or both from the taxing
jurisdiction affected.
    (c)  The procedures in this Section shall  be  the  first
course of remedy available to customers seeking correction of
assignment  of place of primary use or taxing jurisdiction or
a refund of or other compensation  for  taxes,  charges,  and
fees  erroneously collected by the home service provider, and
no cause of action based upon a dispute  arising  from  these
taxes,  charges,  or  fees  shall accrue until a customer has
reasonably exercised the rights and procedures set  forth  in
this Section.

    Section   85.  Inseverability  clause.   If  a  court  of
competent jurisdiction enters a final judgment on the  merits
that  (i)  is based on federal law, (ii) is no longer subject
to appeal, and (iii)  substantially  limits  or  impairs  the
essential  elements of Sections 116 through 126 of Title 4 of
the United States Code, then the provisions of this  Act  are
invalid  and  have no legal effect as of the date of entry of
such judgment.

    Section 905.  The Telecommunications Excise  Tax  Act  is
amended by changing Section 2 as follows:

    (35 ILCS 630/2) (from Ch. 120, par. 2002)
    Sec.  2.   As  used  in  this Article, unless the context
clearly requires otherwise:
    (a)  "Gross charge" means the amount paid for the act  or
privilege  of  originating or receiving telecommunications in
this State and for all services  and  equipment  provided  in
connection  therewith  by a retailer, valued in money whether
paid in money or otherwise, including cash, credits, services
and property of every kind or nature, and shall be determined
without  any  deduction  on  account  of  the  cost  of  such
telecommunications, the cost  of  materials  used,  labor  or
service  costs  or  any  other  expense  whatsoever.  In case
credit is extended, the amount thereof shall be included only
as and when paid. "Gross charges" for  private  line  service
shall  include  charges  imposed at each channel point within
this State, charges for  the  channel  mileage  between  each
channel point within this State, and charges for that portion
of   the  interstate  inter-office  channel  provided  within
Illinois. However, "gross charges" shall not include:
         (1)  any amounts added to a purchaser's bill because
    of a charge made pursuant to (i) the tax imposed by  this
    Article;  (ii) charges added to customers' bills pursuant
    to the provisions of  Sections  9-221  or  9-222  of  the
    Public  Utilities Act, as amended, or any similar charges
    added to  customers'  bills  by  retailers  who  are  not
    subject  to  rate  regulation  by  the  Illinois Commerce
    Commission for the purpose of recovering any of  the  tax
    liabilities or other amounts specified in such provisions
    of  such Act; or (iii) the tax imposed by Section 4251 of
    the Internal Revenue Code;
         (2)  charges for a  sent  collect  telecommunication
    received outside of the State;
         (3)  charges for leased time on equipment or charges
    for  the  storage  of  data or information for subsequent
    retrieval  or  the  processing  of  data  or  information
    intended to change its form or content.   Such  equipment
    includes,  but is not limited to, the use of calculators,
    computers,   data   processing   equipment,    tabulating
    equipment  or  accounting equipment and also includes the
    usage of computers under a time-sharing agreement;
         (4)  charges for customer equipment, including  such
    equipment  that  is leased or rented by the customer from
    any source, wherein such charges  are  disaggregated  and
    separately identified from other charges;
         (5)  charges to business enterprises certified under
    Section  9-222.1 of the Public Utilities Act, as amended,
    to the extent of such exemption and during the period  of
    time   specified   by  the  Department  of  Commerce  and
    Community Affairs;
         (6)  charges for telecommunications and all services
    and equipment provided in connection therewith between  a
    parent  corporation  and its wholly owned subsidiaries or
    between wholly owned subsidiaries when  the  tax  imposed
    under  this  Article  has already been paid to a retailer
    and only to the  extent  that  the  charges  between  the
    parent  corporation  and  wholly  owned  subsidiaries  or
    between   wholly  owned  subsidiaries  represent  expense
    allocation  between  the   corporations   and   not   the
    generation  of  profit for the corporation rendering such
    service;
         (7)  bad debts. Bad debt means any portion of a debt
    that is related to a  sale  at  retail  for  which  gross
    charges  are  not otherwise deductible or excludable that
    has become  worthless  or  uncollectable,  as  determined
    under  applicable  federal  income tax standards.  If the
    portion of the debt deemed  to  be  bad  is  subsequently
    paid,  the  retailer shall report and pay the tax on that
    portion during the reporting period in which the  payment
    is made;
         (8)  charges    paid    by    inserting   coins   in
    coin-operated telecommunication devices;
         (9)  amounts paid  by  telecommunications  retailers
    under  the  Telecommunications  Municipal  Infrastructure
    Maintenance Fee Act.
    (b)  "Amount  paid"  means  the  amount  charged  to  the
taxpayer's  service address in this State regardless of where
such amount is billed or paid.
    (c)  "Telecommunications", in  addition  to  the  meaning
ordinarily  and  popularly  ascribed to it, includes, without
limitation, messages or information transmitted  through  use
of  local, toll and wide area telephone service; private line
services;    channel    services;     telegraph     services;
teletypewriter;  computer  exchange services; cellular mobile
telecommunications   service;   specialized   mobile   radio;
stationary two way radio; paging service; or any  other  form
of  mobile and portable one-way or two-way communications; or
any  other  transmission  of  messages  or   information   by
electronic or similar means, between or among points by wire,
cable,  fiber-optics,  laser,  microwave, radio, satellite or
similar facilities. As used in this Act, "private line" means
a  dedicated  non-traffic  sensitive  service  for  a  single
customer, that entitles the customer to exclusive or priority
use of a communications channel or group  of  channels,  from
one  or  more  specified  locations  to  one  or  more  other
specified  locations.  The definition of "telecommunications"
shall not include value  added  services  in  which  computer
processing applications are used to act on the form, content,
code  and protocol of the information for purposes other than
transmission.   "Telecommunications"   shall   not    include
purchases   of  telecommunications  by  a  telecommunications
service provider for use as a component part of  the  service
provided   by   him  to  the  ultimate  retail  consumer  who
originates   or    terminates    the    taxable    end-to-end
communications.  Carrier  access  charges,  right  of  access
charges, charges for use of inter-company facilities, and all
telecommunications  resold  in  the  subsequent provision of,
used  as  a  component  of,  or  integrated  into  end-to-end
telecommunications service shall be non-taxable as sales  for
resale.
    (d)  "Interstate     telecommunications"     means    all
telecommunications that either originate or terminate outside
this State.
    (e)  "Intrastate    telecommunications"     means     all
telecommunications  that  originate and terminate within this
State.
    (f)  "Department" means the Department of Revenue of  the
State of Illinois.
    (g)  "Director"  means  the  Director  of Revenue for the
Department of Revenue of the State of Illinois.
    (h)  "Taxpayer"  means  a  person  who  individually   or
through  his  agents,  employees or permittees engages in the
act   or    privilege    of    originating    or    receiving
telecommunications  in  this  State  and  who  incurs  a  tax
liability under this Article.
    (i)  "Person"  means any natural individual, firm, trust,
estate, partnership, association, joint stock company,  joint
venture,   corporation,   limited  liability  company,  or  a
receiver, trustee, guardian or other representative appointed
by order of any court, the  Federal  and  State  governments,
including  State universities created by statute or any city,
town, county or other political subdivision of this State.
    (j)  "Purchase  at   retail"   means   the   acquisition,
consumption  or  use  of  telecommunication through a sale at
retail.
    (k)  "Sale at retail" means the  transmitting,  supplying
or  furnishing  of  telecommunications  and  all services and
equipment   provided   in   connection   therewith   for    a
consideration  to  persons  other  than the Federal and State
governments, and State universities created  by  statute  and
other  than between a parent corporation and its wholly owned
subsidiaries or between wholly owned subsidiaries  for  their
use or consumption and not for resale.
    (l)  "Retailer"  means  and includes every person engaged
in the business of making sales at retail as defined in  this
Article.    The  Department  may,  in  its  discretion,  upon
application, authorize  the  collection  of  the  tax  hereby
imposed  by  any retailer not maintaining a place of business
within  this  State,  who,  to  the   satisfaction   of   the
Department,  furnishes adequate security to insure collection
and payment of the  tax.   Such  retailer  shall  be  issued,
without  charge,  a  permit  to  collect  such  tax.  When so
authorized, it shall be the duty of such retailer to  collect
the  tax upon all of the gross charges for telecommunications
in this State in the same manner  and  subject  to  the  same
requirements  as  a  retailer maintaining a place of business
within  this  State.   The  permit  may  be  revoked  by  the
Department at its discretion.
    (m)  "Retailer maintaining a place of  business  in  this
State",  or  any  like  term, means and includes any retailer
having or maintaining within this State,  directly  or  by  a
subsidiary,  an office, distribution facilities, transmission
facilities,  sales  office,  warehouse  or  other  place   of
business,  or  any  agent  or  other representative operating
within this State under the authority of the retailer or  its
subsidiary, irrespective of whether such place of business or
agent  or other representative is located here permanently or
temporarily,  or  whether  such  retailer  or  subsidiary  is
licensed to do business in this State.
    (n)  "Service   address"   means    the    location    of
telecommunications      equipment      from     which     the
telecommunications  services  are  originated  or  at   which
telecommunications  services  are received by a taxpayer.  In
the event this may not be a defined location, as in the  case
of  mobile  phones, paging systems, maritime systems, service
address means the customer's place of primary use as  defined
in  the  Mobile  Telecommunications  Sourcing Conformity Act.
For air-to-ground systems and the like, service address shall
mean  the  location  of  a  taxpayer's  primary  use  of  the
telecommunications equipment as defined by telephone  number,
authorization  code,  or location in Illinois where bills are
sent.
    (o)  "Prepaid telephone calling  arrangements"  mean  the
right to exclusively purchase telephone or telecommunications
services  that  must  be  paid  for in advance and enable the
origination  of  one  or  more  intrastate,  interstate,   or
international  telephone  calls  or  other telecommunications
using an access  number,  an  authorization  code,  or  both,
whether  manually or electronically dialed, for which payment
to a retailer must be made in advance, provided that,  unless
recharged,  no  further service is provided once that prepaid
amount of  service  has  been  consumed.   Prepaid  telephone
calling  arrangements  include  the  recharge  of  a  prepaid
calling   arrangement.   For  purposes  of  this  subsection,
"recharge" means the purchase of additional prepaid telephone
or telecommunications services whether or not  the  purchaser
acquires  a  different  access  number or authorization code.
"Prepaid telephone calling arrangement" does not  include  an
arrangement  whereby  a customer purchases a payment card and
pursuant to which the service provider reflects the amount of
such purchase as a  credit  on  an  invoice  issued  to  that
customer under an existing subscription plan.
(Source: P.A. 90-562, eff. 12-16-97; 91-870, eff. 6-22-00.)

    Section    910.     The    Telecommunications   Municipal
Infrastructure Maintenance Fee Act  is  amended  by  changing
Section 10 as follows:

    (35 ILCS 635/10)
    Sec. 10.  Definitions.
    (a)  "Gross   charges"   means   the  amount  paid  to  a
telecommunications retailer  for  the  act  or  privilege  of
originating  or receiving telecommunications in this State or
the municipality imposing the fee  under  this  Act,  as  the
context requires, and for all services rendered in connection
therewith,   valued   in  money  whether  paid  in  money  or
otherwise, including cash, credits, services, and property of
every kind or nature, and shall  be  determined  without  any
deduction  on account of the cost of such telecommunications,
the cost of the materials used, labor or  service  costs,  or
any  other  expense  whatsoever.  In case credit is extended,
the amount thereof shall be included only as and  when  paid.
"Gross  charges"  for  private  line  service  shall  include
charges  imposed  at  each channel point within this State or
the municipality imposing the fee under this Act, charges for
the channel mileage between each channel  point  within  this
State  or  the  municipality imposing the fee under this Act,
and charges for that portion of the  interstate  inter-office
channel provided within Illinois or the municipality imposing
the  fee  under this Act.  However, "gross charges" shall not
include:
         (1)  any amounts added to a purchaser's bill because
    of a charge made under:  (i)  the  fee  imposed  by  this
    Section,  (ii)  additional charges added to a purchaser's
    bill under Section 9-221 or 9-222 of the Public Utilities
    Act, (iii) amounts collected under Section 8-11-17 of the
    Illinois Municipal Code, (iv)  the  tax  imposed  by  the
    Telecommunications Excise Tax Act, (v) 911 surcharges, or
    (vi)  the  tax  imposed  by  Section 4251 of the Internal
    Revenue Code;
         (2)  charges for a  sent  collect  telecommunication
    received  outside  of  this  State  or  the  municipality
    imposing the fee, as the context requires;
         (3)  charges for leased time on equipment or charges
    for  the  storage  of  data  or information or subsequent
    retrieval  or  the  processing  of  data  or  information
    intended to change its form or content.   Such  equipment
    includes,  but is not limited to, the use of calculators,
    computers,   data   processing   equipment,    tabulating
    equipment,  or accounting equipment and also includes the
    usage of computers under a time-sharing agreement;
         (4)  charges for customer equipment, including  such
    equipment  that  is leased or rented by the customer from
    any source, wherein such charges  are  disaggregated  and
    separately identified from other charges;
         (5)  charges to business enterprises certified under
    Section 9-222.1 of the Public Utilities Act to the extent
    of such exemption and during the period of time specified
    by the Department of Commerce and Community Affairs or by
    the  municipality  imposing the fee under the Act, as the
    context requires;
         (6)  charges for telecommunications and all services
    and equipment provided in connection therewith between  a
    parent  corporation  and its wholly owned subsidiaries or
    between wholly owned subsidiaries, and only to the extent
    that the  charges  between  the  parent  corporation  and
    wholly   owned   subsidiaries  or  between  wholly  owned
    subsidiaries represent  expense  allocation  between  the
    corporations  and not the generation of profit other than
    a  regulatory  required  profit   for   the   corporation
    rendering such services;
         (7)  bad  debts  ("bad  debt" means any portion of a
    debt that is related to a sale at retail for which  gross
    charges  are  not otherwise deductible or excludable that
    has become  worthless  or  uncollectible,  as  determined
    under  applicable  federal  income  tax standards; if the
    portion of the debt deemed  to  be  bad  is  subsequently
    paid,  the  retailer shall report and pay the tax on that
    portion during the reporting period in which the  payment
    is made);
         (8)  charges    paid    by    inserting   coins   in
    coin-operated telecommunication devices; or
         (9)  charges for telecommunications and all services
    and equipment provided to  a  municipality  imposing  the
    infrastructure maintenance fee.
    (a-5)  "Department"  means  the  Illinois  Department  of
Revenue.
    (b)  "Telecommunications"  includes,  but  is not limited
to, messages or information transmitted through use of local,
toll, and wide  area  telephone  service,  channel  services,
telegraph services, teletypewriter service, computer exchange
services,  private  line  services,  specialized mobile radio
services,  or  any  other   transmission   of   messages   or
information  by electronic or similar means, between or among
points by wire, cable, fiber optics, laser, microwave, radio,
satellite, or similar facilities.  Unless the context clearly
requires otherwise, "telecommunications" shall  also  include
wireless    telecommunications    as   hereinafter   defined.
"Telecommunications" shall not include value  added  services
in  which computer processing applications are used to act on
the form, content, code, and protocol of the information  for
purposes other than transmission.  "Telecommunications" shall
not    include    purchase   of   telecommunications   by   a
telecommunications service provider for use  as  a  component
part  of  the  service provided by him or her to the ultimate
retail consumer who originates or terminates  the  end-to-end
communications.   Retailer  access  charges,  right of access
charges, charges for use of intercompany facilities, and  all
telecommunications  resold  in  the  subsequent provision and
used as  a  component  of,  or  integrated  into,  end-to-end
telecommunications  service  shall  not  be included in gross
charges as sales for resale. "Telecommunications"  shall  not
include  the  provision  of  cable  services  through a cable
system as defined in the Cable Communications Act of 1984 (47
U.S.C. Sections  521  and  following)  as  now  or  hereafter
amended  or  through  an  open video system as defined in the
Rules of the Federal  Communications  Commission  (47  C.D.F.
76.1550 and following) as now or hereafter amended. Beginning
January 1, 2001, prepaid telephone calling arrangements shall
not  be  considered  "telecommunications"  subject to the tax
imposed under this  Act.    For  purposes  of  this  Section,
"prepaid  telephone  calling arrangements" means that term as
defined in Section 2-27 of the Retailers' Occupation Tax Act.
    (c)  "Wireless  telecommunications"   includes   cellular
mobile  telephone  services,  personal  wireless  services as
defined in Section 704(C) of the  Telecommunications  Act  of
1996  (Public  Law  No. 104-104) as now or hereafter amended,
including all commercial mobile radio  services,  and  paging
services.
    (d)  "Telecommunications   retailer"   or  "retailer"  or
"carrier" means and includes  every  person  engaged  in  the
business  of  making sales of telecommunications at retail as
defined in this Section.  The Illinois Department of  Revenue
or  the  municipality  imposing  the fee, as the case may be,
may, in its  discretion,  upon  applications,  authorize  the
collection  of  the  fee  hereby  imposed by any retailer not
maintaining a place of business within this  State,  who,  to
the satisfaction of the Department or municipality, furnishes
adequate  security  to  insure  collection and payment of the
fee.  When so authorized,  it  shall  be  the  duty  of  such
retailer  to  pay  the  fee upon all of the gross charges for
telecommunications in the same manner and subject to the same
requirements as a retailer maintaining a  place  of  business
within the State or municipality imposing the fee.
    (e)  "Retailer  maintaining  a  place of business in this
State", or any like term, means  and  includes  any  retailer
having  or  maintaining  within  this State, directly or by a
subsidiary, an office, distribution facilities,  transmission
facilities,  sales  office,  warehouse,  or  other  place  of
business,  or  any  agent  or  other representative operating
within this State under the authority of the retailer or  its
subsidiary, irrespective of whether such place of business or
agent  or other representative is located here permanently or
temporarily,  or  whether  such  retailer  or  subsidiary  is
licensed to do business in this State.
    (f)  "Sale of telecommunications  at  retail"  means  the
transmitting,  supplying, or furnishing of telecommunications
and all services  rendered  in  connection  therewith  for  a
consideration,  other  than  between a parent corporation and
its  wholly  owned  subsidiaries  or  between  wholly   owned
subsidiaries,   when  the  gross  charge  made  by  one  such
corporation to another such corporation is not  greater  than
the  gross  charge  paid  to  the  retailer  for their use or
consumption and not for sale.
    (g)  "Service   address"   means    the    location    of
telecommunications  equipment  from  which telecommunications
services  are  originated  or  at  which   telecommunications
services are received.  If this is not a defined location, as
in  the  case of wireless telecommunications, paging systems,
maritime systems, service address means the customer's  place
of  primary  use  as defined in the Mobile Telecommunications
Sourcing Conformity Act.  For air-to-ground systems, and  the
like,  "service  address"  shall  mean  the  location  of the
customer's primary use of the telecommunications equipment as
defined by the location in Illinois where bills are sent.
(Source: P.A. 90-154, eff.  1-1-98;  90-562,  eff.  12-16-97;
91-870, eff. 6-22-00.)

    Section  915.   The  Emergency  Telephone  System  Act is
amended by changing Section 15.3 as follows:

    (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
    Sec.  15.3.   (a)  The  corporate  authorities   of   any
municipality or any county may, subject to the limitations of
subsections  (c),  (d),  and  (h), and in addition to any tax
levied pursuant to Section 8-11-2 of the  Illinois  Municipal
Code,  impose  a  monthly  surcharge on billed subscribers of
network connection  provided  by  telecommunication  carriers
engaged  in the business of transmitting messages by means of
electricity originating within the corporate  limits  of  the
municipality  or  county imposing the surcharge at a rate per
network connection determined in accordance  with  subsection
(c).  For  mobile telecommunications services, if a surcharge
is imposed it shall be imposed based upon the municipality or
county that encompasses the customer's place of  primary  use
as   defined   in   the  Mobile  Telecommunications  Sourcing
Conformity  Act.   A   municipality   may   enter   into   an
intergovernmental  agreement  with  any county in which it is
partially located, when the county has adopted  an  ordinance
to  impose  a  surcharge  as  provided  in subsection (c), to
include that portion of the municipality  lying  outside  the
county   in  that  county's  surcharge  referendum.   If  the
county's surcharge referendum is approved, the portion of the
municipality identified in  the  intergovernmental  agreement
shall  automatically be disconnected from the county in which
it lies and  connected  to  the  county  which  approved  the
referendum  for purposes of a surcharge on telecommunications
carriers.
    (b)  For purposes of computing the surcharge  imposed  by
subsection   (a),   the  network  connections  to  which  the
surcharge shall  apply  shall  be  those  in-service  network
connections, other than those network connections assigned to
the  municipality  or  county,  where the service address for
each such network connection or connections is located within
the corporate limits of the municipality  or  county  levying
the  surcharge. Except for mobile telecommunication services,
the "service address" shall mean the location of the  primary
use  of  the  network  connection  or connections. For mobile
telecommunication  services,  "service  address"  means   the
customer's  place  of  primary  use  as defined in the Mobile
Telecommunications Sourcing Conformity Act. With  respect  to
network  connections  provided  for  use  with  pay telephone
services  for  which  there  is  no  billed  subscriber,  the
telecommunications carrier providing the  network  connection
shall  be deemed to be its own billed subscriber for purposes
of applying the surcharge.
    (c)  Upon  the  passage  of  an  ordinance  to  impose  a
surcharge under this Section the clerk of the municipality or
county shall certify the question of  whether  the  surcharge
may  be  imposed  to  the proper election authority who shall
submit  the  public  question  to   the   electors   of   the
municipality   or  county  in  accordance  with  the  general
election law;  provided  that  such  question  shall  not  be
submitted  at  a  consolidated  primary election.  The public
question shall be in substantially the following form:
-------------------------------------------------------------
    Shall the county (or city, village
or incorporated town) of.....impose          YES
a surcharge of up to...¢ per month per
network connection, which surcharge will
be added to the monthly bill you receive   ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency             NO
Telephone System?
-------------------------------------------------------------
    If a majority of the votes cast upon the public  question
are in favor thereof, the surcharge shall be imposed.
    However,  if  a Joint Emergency Telephone System Board is
to be created  pursuant  to  an  intergovernmental  agreement
under  Section  15.4,  the  ordinance to impose the surcharge
shall be subject to the approval of a majority of  the  total
number of votes cast upon the public question by the electors
of  all  of  the  municipalities  or counties, or combination
thereof, that are parties to the intergovernmental agreement.
    The referendum requirement of this subsection  (c)  shall
not  apply to any municipality with a population over 500,000
or to any county in which  a  proposition  as  to  whether  a
sophisticated  9-1-1  Emergency  Telephone  System  should be
installed in the county, at a cost not to exceed a  specified
monthly  amount  per  network connection, has previously been
approved by a majority of the electors of the  county  voting
on  the  proposition  at  an  election  conducted  before the
effective date of this amendatory Act of 1987.
    (d)  A  county  may  not  impose  a   surcharge,   unless
requested  by  a municipality, in any incorporated area which
has previously approved a surcharge as provided in subsection
(c)  or  in  any  incorporated  area  where   the   corporate
authorities  of the municipality have previously entered into
a   binding   contract   or   letter   of   intent   with   a
telecommunications carrier  to  provide  sophisticated  9-1-1
service through municipal funds.
    (e)  A   municipality  or  county  may  at  any  time  by
ordinance change the rate of the surcharge imposed under this
Section if the new rate does not exceed the rate specified in
the referendum held pursuant to subsection (c).
    (f)  The surcharge authorized by this  Section  shall  be
collected  from  the  subscriber  by  the  telecommunications
carrier  providing the subscriber the network connection as a
separately stated item on the subscriber's bill.
    (g)  The   amount   of   surcharge   collected   by   the
telecommunications carrier shall be paid  to  the  particular
municipality  or  county  or Joint Emergency Telephone System
Board  not  later  than  30  days  after  the  surcharge   is
collected, net of any network or other 9-1-1 or sophisticated
9-1-1    system    charges    then    due    the   particular
telecommunications carrier, as shown  on  an  itemized  bill.
The telecommunications carrier collecting the surcharge shall
also  be  entitled  to  deduct  3%  of  the  gross  amount of
surcharge  collected  to  reimburse  the   telecommunications
carrier  for  the  expense  of  accounting and collecting the
surcharge.
    (h)  A municipality with a population  over  500,000  may
not impose a monthly surcharge in excess of $1.25 per network
connection.
    (i)  Any   municipality  or  county  or  joint  emergency
telephone system board that has imposed a surcharge  pursuant
to   this  Section  prior  to  the  effective  date  of  this
amendatory Act of 1990 shall hereafter impose  the  surcharge
in accordance with subsection (b) of this Section.
    (j)  The  corporate  authorities  of  any municipality or
county may issue, in accordance  with  Illinois  law,  bonds,
notes or other obligations secured in whole or in part by the
proceeds   of   the  surcharge  described  in  this  Section.
Notwithstanding any change in law subsequent to the  issuance
of  any  bonds,  notes  or  other  obligations secured by the
surcharge, every municipality or county issuing  such  bonds,
notes  or other obligations shall be authorized to impose the
surcharge as though the laws relating to  the  imposition  of
the surcharge in effect at the time of issuance of the bonds,
notes  or  other  obligations  were  in full force and effect
until the bonds, notes or other obligations are paid in full.
The State of Illinois pledges and agrees  that  it  will  not
limit or alter the rights and powers vested in municipalities
and counties by this Section to impose the surcharge so as to
impair  the  terms of or affect the security for bonds, notes
or other obligations secured in whole or  in  part  with  the
proceeds of the surcharge described in this Section.
    (k)  Any   surcharge   collected   by  or  imposed  on  a
telecommunications carrier pursuant to this Section shall  be
held  to  be  a  special  fund in trust for the municipality,
county  or  Joint  Emergency  Telephone  Board  imposing  the
surcharge.   Except  for  the  3%   deduction   provided   in
subsection  (g)  above, the special fund shall not be subject
to the claims of creditors of the telecommunication carrier.
(Source: P.A. 86-101; 86-1344.)

    Section 920.  The Illinois Municipal Code is  amended  by
changing Section 8-11-2 as follows:

    (65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
    Sec.    8-11-2.  The   corporate   authorities   of   any
municipality may tax any or all of the following  occupations
or privileges:
         1.  Persons  engaged in the business of transmitting
    messages by means of electricity or radio magnetic waves,
    or fiber optics, at a rate not to exceed 5% of the  gross
    receipts   from  that  business  originating  within  the
    corporate limits of the municipality.  Beginning  January
    1, 2001, prepaid telephone calling arrangements shall not
    be  subject  to  the tax imposed under this Section.  For
    purposes of  this  Section,  "prepaid  telephone  calling
    arrangements"  means that term as defined in Section 2-27
    of the Retailers' Occupation Tax Act.
         2.  Persons engaged in the business of distributing,
    supplying,  furnishing,  or  selling  gas  for   use   or
    consumption within the corporate limits of a municipality
    of  500,000 or fewer population, and not for resale, at a
    rate not to exceed 5% of the gross receipts therefrom.
         2a.  Persons   engaged   in    the    business    of
    distributing,  supplying,  furnishing, or selling gas for
    use or consumption  within  the  corporate  limits  of  a
    municipality  of  over  500,000  population,  and not for
    resale, at a rate not to exceed 8% of the gross  receipts
    therefrom.  If imposed, this tax shall be paid in monthly
    payments.
         3.  The  privilege of using or consuming electricity
    acquired in a purchase at retail  and  used  or  consumed
    within  the corporate limits of the municipality at rates
    not to exceed the following maximum rates, calculated  on
    a monthly basis for each purchaser:
         (i)  For  the  first  2,000  kilowatt-hours  used or
    consumed in a month; 0.61 cents per kilowatt-hour;
         (ii)  For the next  48,000  kilowatt-hours  used  or
    consumed in a month; 0.40 cents per kilowatt-hour;
         (iii)  For  the  next  50,000 kilowatt-hours used or
    consumed in a month; 0.36 cents per kilowatt-hour;
         (iv)  For the next 400,000  kilowatt-hours  used  or
    consumed in a month; 0.35 cents per kilowatt-hour;
         (v)  For  the  next  500,000  kilowatt-hours used or
    consumed in a month; 0.34 cents per kilowatt-hour;
         (vi)  For the next 2,000,000 kilowatt-hours used  or
    consumed in a month; 0.32 cents per kilowatt-hour;
         (vii)  For the next 2,000,000 kilowatt-hours used or
    consumed in a month; 0.315 cents per kilowatt-hour;
         (viii)  For  the  next 5,000,000 kilowatt-hours used
    or consumed in a month; 0.31 cents per kilowatt-hour;
         (ix)  For the next 10,000,000 kilowatt-hours used or
    consumed in a month; 0.305 cents per kilowatt-hour; and
         (x)  For all electricity used or consumed in  excess
    of  20,000,000  kilowatt-hours in a month, 0.30 cents per
    kilowatt-hour.
         If a municipality imposes a tax at rates lower  than
    either the maximum rates specified in this Section or the
    alternative  maximum  rates  promulgated  by the Illinois
    Commerce Commission, as provided  below,  the  tax  rates
    shall  be  imposed  upon the kilowatt hour categories set
    forth above with the same  proportional  relationship  as
    that    which    exists   among   such   maximum   rates.
    Notwithstanding the foregoing, until December  31,  2008,
    no  municipality shall establish rates that are in excess
    of rates reasonably calculated to produce  revenues  that
    equal  the maximum total revenues such municipality could
    have  received  under  the   tax   authorized   by   this
    subparagraph  in the last full calendar year prior to the
    effective date of Section 65 of this  amendatory  Act  of
    1997; provided that this shall not be a limitation on the
    amount   of  tax  revenues  actually  collected  by  such
    municipality.
         Upon the request of the corporate authorities  of  a
    municipality,  the  Illinois  Commerce  Commission shall,
    within 90 days after receipt of such request,  promulgate
    alternative   rates   for  each  of  these  kilowatt-hour
    categories that will reflect, as  closely  as  reasonably
    practical  for that municipality, the distribution of the
    tax among classes of purchasers as if the tax were  based
    on   a  uniform  percentage  of  the  purchase  price  of
    electricity.   A  municipality  that   has   adopted   an
    ordinance imposing a tax pursuant to subparagraph 3 as it
    existed prior to the effective date of Section 65 of this
    amendatory  Act of 1997 may, rather than imposing the tax
    permitted by this amendatory Act  of  1997,  continue  to
    impose the tax pursuant to that ordinance with respect to
    gross   receipts   received  from  residential  customers
    through July 31, 1999, and with respect to gross receipts
    from any non-residential customer until  the  first  bill
    issued   to   such  customer  for  delivery  services  in
    accordance with Section 16-104 of  the  Public  Utilities
    Act  but  in  no  case later than the last bill issued to
    such customer before  December  31,  2000.  No  ordinance
    imposing the tax permitted by this amendatory Act of 1997
    shall be applicable to any non-residential customer until
    the  first  bill  issued  to  such  customer for delivery
    services in accordance with Section 16-104 of the  Public
    Utilities  Act  but  in  no case later than the last bill
    issued to such non-residential customer  before  December
    31, 2000.
         4.  Persons engaged in the business of distributing,
    supplying,  furnishing,  or  selling  water  for  use  or
    consumption   within   the   corporate   limits   of  the
    municipality, and not for resale, at a rate not to exceed
    5% of the gross receipts therefrom.
    None of the taxes  authorized  by  this  Section  may  be
imposed   with  respect  to  any  transaction  in  interstate
commerce or otherwise to the extent to which the business  or
privilege may not, under the constitution and statutes of the
United  States, be made the subject of taxation by this State
or any political sub-division thereof; nor shall any  persons
engaged   in   the   business   of  distributing,  supplying,
furnishing,  selling   or   transmitting   gas,   water,   or
electricity,  or  engaged  in  the  business  of transmitting
messages, or using or consuming  electricity  acquired  in  a
purchase   at  retail,  be  subject  to  taxation  under  the
provisions of this Section for those transactions that are or
may become subject to taxation under the  provisions  of  the
"Municipal  Retailers'  Occupation  Tax  Act"  authorized  by
Section  8-11-1; nor shall any tax authorized by this Section
be imposed upon any person engaged in a business  or  on  any
privilege unless the tax is imposed in like manner and at the
same  rate upon all persons engaged in businesses of the same
class in the municipality, whether privately  or  municipally
owned  or  operated,  or exercising the same privilege within
the municipality.
    Any of the taxes enumerated in this  Section  may  be  in
addition  to  the  payment  of money, or value of products or
services furnished to the municipality  by  the  taxpayer  as
compensation  for  the  use  of its streets, alleys, or other
public  places,  or  installation  and  maintenance  therein,
thereon  or  thereunder  of  poles,  wires,  pipes  or  other
equipment used in the operation of the taxpayer's business.
    (a)  If  the  corporate  authorities  of  any  home  rule
municipality have adopted an ordinance that imposed a tax  on
public  utility  customers, between July 1, 1971, and October
1, 1981, on the good faith belief that they  were  exercising
authority  pursuant  to  Section 6 of Article VII of the 1970
Illinois  Constitution,  that   action   of   the   corporate
authorities    shall    be    declared   legal   and   valid,
notwithstanding a  later  decision  of  a  judicial  tribunal
declaring  the  ordinance  invalid.  No municipality shall be
required to rebate, refund, or issue credits  for  any  taxes
described  in this paragraph, and those taxes shall be deemed
to have been levied and  collected  in  accordance  with  the
Constitution and laws of this State.
    (b)  In  any case in which (i) prior to October 19, 1979,
the corporate authorities of any municipality have adopted an
ordinance imposing a tax authorized by this  Section  (or  by
the predecessor provision of the "Revised Cities and Villages
Act")  and  have  explicitly or in practice interpreted gross
receipts to include either charges added to customers'  bills
pursuant  to  the provision of paragraph (a) of Section 36 of
the Public Utilities Act or charges added to customers' bills
by taxpayers who are not subject to rate  regulation  by  the
Illinois  Commerce  Commission  for the purpose of recovering
any of the tax liabilities or other amounts specified in such
paragraph (a) of Section 36 of that Act, and (ii) on or after
October 19, 1979, a judicial  tribunal  has  construed  gross
receipts  to  exclude  all  or  part  of  those charges, then
neither those municipality nor any taxpayer who paid the  tax
shall be required to rebate, refund, or issue credits for any
tax  imposed  or  charge collected from customers pursuant to
the municipality's interpretation prior to October 19,  1979.
This  paragraph  reflects a legislative finding that it would
be contrary to the public interest to require a  municipality
or  its  taxpayers to refund taxes or charges attributable to
the municipality's more  inclusive  interpretation  of  gross
receipts  prior  to  October 19, 1979, and is not intended to
prescribe or limit judicial construction of this Section. The
legislative finding set forth in  this  subsection  does  not
apply  to  taxes  imposed  after  the  effective date of this
amendatory Act of 1995.
    (c)  The  tax  authorized  by  subparagraph  3  shall  be
collected from the purchaser  by  the  person  maintaining  a
place  of business in this State who delivers the electricity
to the purchaser.  This tax shall constitute a  debt  of  the
purchaser  to  the person who delivers the electricity to the
purchaser and if unpaid, is recoverable in the same manner as
the original charge for delivering the electricity.  Any  tax
required  to be collected pursuant to an ordinance authorized
by subparagraph 3 and any such  tax  collected  by  a  person
delivering  electricity  shall  constitute a debt owed to the
municipality  by  such  person  delivering  the  electricity,
provided, that the person  delivering  electricity  shall  be
allowed   credit  for  such  tax  related  to  deliveries  of
electricity  the  charges  for  which  are  written  off   as
uncollectible, and provided further, that if such charges are
thereafter   collected,  the  delivering  supplier  shall  be
obligated to remit such tax.  For purposes of this subsection
(c), any partial payment not specifically identified  by  the
purchaser   shall  be  deemed  to  be  for  the  delivery  of
electricity. Persons delivering electricity shall collect the
tax from the purchaser by adding such tax to the gross charge
for delivering the electricity, in the manner  prescribed  by
the  municipality.  Persons delivering electricity shall also
be authorized to add to such gross charge an amount equal  to
3%  of the tax to reimburse the person delivering electricity
for  the  expenses  incurred  in  keeping  records,   billing
customers,  preparing  and  filing returns, remitting the tax
and supplying data to the municipality upon request.  If  the
person  delivering  electricity fails to collect the tax from
the purchaser, then the purchaser shall be  required  to  pay
the tax directly to the municipality in the manner prescribed
by the municipality.  Persons delivering electricity who file
returns  pursuant to this paragraph (c) shall, at the time of
filing such return, pay the municipality the  amount  of  the
tax collected pursuant to subparagraph 3.
    (d)  For  the  purpose  of  the  taxes enumerated in this
Section:
    "Gross receipts" means the consideration received for the
transmission of  messages,  the  consideration  received  for
distributing, supplying, furnishing or selling gas for use or
consumption   and  not  for  resale,  and  the  consideration
received for distributing, supplying, furnishing  or  selling
water  for use or consumption and not for resale, and for all
services rendered in connection therewith  valued  in  money,
whether  received  in  money  or  otherwise,  including cash,
credit, services and property of every kind and material  and
for  all services rendered therewith, and shall be determined
without any deduction on account of the cost of  transmitting
such  messages,  without any deduction on account of the cost
of the service, product or commodity supplied,  the  cost  of
materials  used, labor or service cost, or any other expenses
whatsoever.  "Gross receipts" shall not include that  portion
of  the  consideration  received for distributing, supplying,
furnishing,  or  selling  gas  or  water  to,  or   for   the
transmission  of messages for, business enterprises described
in paragraph (e) of this Section to the extent and during the
period in which the exemption authorized by paragraph (e)  is
in   effect  or  for  school  districts  or  units  of  local
government described in paragraph (f) during  the  period  in
which the exemption authorized in paragraph (f) is in effect.
"Gross   receipts"   shall   not   include  amounts  paid  by
telecommunications  retailers  under  the  Telecommunications
Municipal Infrastructure Maintenance Fee Act.
    For utility bills issued on or after  May  1,  1996,  but
before  May  1,  1997,  and  for  receipts from those utility
bills, "gross receipts" does not  include  one-third  of  (i)
amounts  added to customers' bills under Section 9-222 of the
Public Utilities Act, or (ii)  amounts  added  to  customers'
bills  by taxpayers who are not subject to rate regulation by
the  Illinois  Commerce  Commission  for   the   purpose   of
recovering  any  of  the tax liabilities described in Section
9-222 of the Public Utilities Act. For utility  bills  issued
on  or  after  May  1,  1997, but before May 1, 1998, and for
receipts from those utility bills, "gross receipts" does  not
include  two-thirds  of (i) amounts added to customers' bills
under Section 9-222 of the  Public  Utilities  Act,  or  (ii)
amount  added  to  customers'  bills by taxpayers who are not
subject  to  rate  regulation  by   the   Illinois   Commerce
Commission  for  the  purpose  of  recovering  any of the tax
liabilities  described  in  Section  9-222  of   the   Public
Utilities  Act.  For  utility bills issued on or after May 1,
1998, and for  receipts  from  those  utility  bills,  "gross
receipts"  does  not  include (i) amounts added to customers'
bills under Section 9-222 of the  Public  Utilities  Act,  or
(ii)  amounts  added to customers' bills by taxpayers who are
not subject to  rate  regulation  by  the  Illinois  Commerce
Commission  for  the  purpose  of  recovering  any of the tax
liabilities  described  in  Section  9-222  of   the   Public
Utilities Act.
    For  purposes  of this Section "gross receipts" shall not
include (i) amounts added to customers' bills  under  Section
9-221  of  the Public Utilities Act, or (ii) charges added to
customers' bills to recover the surcharge imposed  under  the
Emergency   Telephone  System  Act.  This  paragraph  is  not
intended to nor does it make any change  in  the  meaning  of
"gross  receipts"  for  the  purposes of this Section, but is
intended to remove possible ambiguities,  thereby  confirming
the  existing  meaning  of  "gross  receipts"  prior  to  the
effective date of this amendatory Act of 1995.
    The  words  "transmitting  messages",  in addition to the
usual and popular meaning of person to person  communication,
shall   include  the  furnishing,  for  a  consideration,  of
services or facilities (whether owned or leased), or both, to
persons in connection with the transmission of messages where
those persons do not, in turn, receive any  consideration  in
connection  therewith,  but shall not include such furnishing
of services or facilities to persons for the transmission  of
messages  to  the extent that any such services or facilities
for  the  transmission  of  messages  are  furnished  for   a
consideration,  by  those  persons  to other persons, for the
transmission of messages.
    "Person" as  used  in  this  Section  means  any  natural
individual,  firm,  trust,  estate, partnership, association,
joint stock company, joint  adventure,  corporation,  limited
liability company, municipal corporation, the State or any of
its  political  subdivisions, any State university created by
statute,  or  a  receiver,   trustee,   guardian   or   other
representative appointed by order of any court.
    "Person  maintaining  a  place of business in this State"
shall mean any  person  having  or  maintaining  within  this
State,  directly  or  by  a subsidiary or other affiliate, an
office,   generation   facility,    distribution    facility,
transmission   facility,  sales  office  or  other  place  of
business, or any employee,  agent,  or  other  representative
operating within this State under the authority of the person
or its subsidiary or other affiliate, irrespective of whether
such  place  of  business or agent or other representative is
located in this State permanently or temporarily, or  whether
such  person,  subsidiary  or  other affiliate is licensed or
qualified to do business in this State.
    "Public utility" shall have the meaning ascribed to it in
Section 3-105 of the Public Utilities Act and  shall  include
telecommunications  carriers  as defined in Section 13-202 of
that Act and alternative retail electric suppliers as defined
in Section 16-102 of that Act.
    "Purchase  at  retail"  shall  mean  any  acquisition  of
electricity  by  a  purchaser  for   purposes   of   use   or
consumption,  and  not  for resale, but shall not include the
use of electricity  by  a  public  utility  directly  in  the
generation,  production,  transmission,  delivery  or sale of
electricity.
    "Purchaser" shall mean any person who uses  or  consumes,
within  the corporate limits of the municipality, electricity
acquired in a purchase at retail.
    In the  case  of  persons  engaged  in  the  business  of
transmitting  messages  through  the use of mobile equipment,
such  as  cellular  phones  and  paging  systems,  the  gross
receipts  from  the  business  shall  be  deemed to originate
within the corporate limits of a  municipality  only  if  the
customer's  place  of  primary  use  as defined in the Mobile
Telecommunications Sourcing Conformity Act address  to  which
the  bills for the service are sent is within those corporate
limits. If, however, that address is  not  located  within  a
municipality  that imposes a tax under this Section, then (i)
if the party responsible for the bill is not  an  individual,
the  gross  receipts  from  the  business  shall be deemed to
originate within the corporate  limits  of  the  municipality
where that party's principal place of business in Illinois is
located, and (ii) if the party responsible for the bill is an
individual,  the  gross  receipts  from the business shall be
deemed to  originate  within  the  corporate  limits  of  the
municipality   where  that  party's  principal  residence  in
Illinois is located.
    (e)  Any municipality  that  imposes  taxes  upon  public
utilities  or  upon  the  privilege  of  using  or  consuming
electricity pursuant to this Section whose territory includes
any  part  of  an  enterprise  zone  or  federally designated
Foreign Trade Zone or Sub-Zone may, by a majority vote of its
corporate authorities, exempt from those taxes for  a  period
not  exceeding  20  years  any  specified percentage of gross
receipts of public utilities received  from,  or  electricity
used or consumed by, business enterprises that:
         (1)  either  (i)  make  investments  that  cause the
    creation of a minimum of 200 full-time equivalent jobs in
    Illinois, (ii) make investments of at least  $175,000,000
    that  cause  the  creation  of a minimum of 150 full-time
    equivalent jobs in Illinois, or  (iii)  make  investments
    that  cause the retention of a minimum of 1,000 full-time
    jobs in Illinois; and
         (2)  are either (i) located in  an  Enterprise  Zone
    established  pursuant to the Illinois Enterprise Zone Act
    or (ii) Department  of  Commerce  and  Community  Affairs
    designated  High Impact Businesses located in a federally
    designated Foreign Trade Zone or Sub-Zone; and
         (3)  are certified by the Department of Commerce and
    Community Affairs  as  complying  with  the  requirements
    specified in clauses (1) and (2) of this paragraph (e).
    Upon adoption of the ordinance authorizing the exemption,
the  municipal  clerk shall transmit a copy of that ordinance
to the Department of Commerce  and  Community  Affairs.   The
Department  of Commerce and Community Affairs shall determine
whether the business enterprises located in the  municipality
meet  the  criteria  prescribed  in  this  paragraph.  If the
Department of Commerce and Community Affairs determines  that
the  business  enterprises  meet the criteria, it shall grant
certification.  The  Department  of  Commerce  and  Community
Affairs  shall act upon certification requests within 30 days
after receipt of the ordinance.
    Upon certification of  the  business  enterprise  by  the
Department  of Commerce and Community Affairs, the Department
of Commerce and Community Affairs shall notify the Department
of Revenue of the certification.  The Department  of  Revenue
shall  notify the public utilities of the exemption status of
the gross receipts received from, and the electricity used or
consumed  by,  the  certified  business  enterprises.    Such
exemption  status  shall  be  effective within 3 months after
certification.
    (f)  A  municipality  that  imposes  taxes  upon   public
utilities  or  upon  the  privilege  of  using  or  consuming
electricity  under  this Section and whose territory includes
part of another unit of local government or a school district
may by ordinance exempt the other unit of local government or
school district from those taxes.
    (g)  The amendment of this Section by Public  Act  84-127
shall  take  precedence  over  any  other  amendment  of this
Section by any  other  amendatory  Act  passed  by  the  84th
General  Assembly  before  the  effective  date of Public Act
84-127.
    (h)  In any case in which, before July 1, 1992, a  person
engaged  in the business of transmitting messages through the
use of mobile equipment, such as cellular phones  and  paging
systems,  has  determined  the  municipality within which the
gross receipts from the business originated by  reference  to
the location of its transmitting or switching equipment, then
(i)  neither  the  municipality to which tax was paid on that
basis nor the taxpayer that paid tax on that basis  shall  be
required to rebate, refund, or issue credits for any such tax
or  charge collected from customers to reimburse the taxpayer
for the tax and (ii) no municipality to which tax would  have
been  paid  with  respect  to  those  gross  receipts  if the
provisions of this amendatory Act of 1991 had been in  effect
before  July  1,  1992,  shall  have  any  claim  against the
taxpayer for any amount of the tax.
(Source: P.A.  90-16,  eff.  6-16-97;  90-561,  eff.  8-1-98;
90-562, eff. 12-16-97; 90-655,  eff.  7-30-98;  91-870,  eff.
6-22-00.)

    Section  999.   Effective date.  This Act takes effect on
August 1, 2002.
    Passed in the General Assembly May 31, 2001.
    Approved August 23, 2001.
    Effective August 01, 2002.

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