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92nd General Assembly

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Public Act 92-0526

SB88 Enrolled                                  LRB9202600SMdv

    AN ACT concerning telecommunications.

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

                          ARTICLE 5

    Section 5-1. Short title. This Act may be  cited  as  the
Simplified Municipal Telecommunications Tax Act.

    Section 5-5. Legislative intent. The General Assembly has
authorized  the  corporate authorities of any municipality to
impose various fees and taxes on the privilege of originating
or receiving telecommunications, and on retailers engaged  in
the  business of transmitting such telecommunications, all of
which are remitted by such retailers directly to the imposing
municipality. To simplify the imposition  and  collection  of
municipal telecommunications taxes and to reduce complication
and  burden,  the General Assembly is repealing the municipal
telecommunications tax, the municipal tax on  the  occupation
or  privilege  of  transmitting  messages,  and the municipal
infrastructure  maintenance  fee,  and   is   enacting   this
Simplified   Municipal   Telecommunications   Tax  Act  which
provides for a single municipally imposed  telecommunications
tax  which,  for municipalities with populations of less than
500,000, will be collected  by  the  Illinois  Department  of
Revenue,  but  which,  for municipalities of 500,000 or more,
will continue to be collected by such municipalities.

    Section 5-7.  Definitions.  For  purposes  of  the  taxes
authorized by this Act:
    "Amount  paid" means the amount charged to the taxpayer's
service address in such municipality regardless of where such
amount is billed or paid.
    "Department" means the Illinois Department of Revenue.
    "Gross charge" means the  amount  paid  for  the  act  or
privilege  of  originating or receiving telecommunications in
such municipality 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  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, 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 charge" 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
    Act, (ii)  the  tax  imposed  by  the  Telecommunications
    Excise  Tax Act, (iii) the tax imposed by Section 4251 of
    the Internal Revenue Code, (iv) 911  surcharges,  or  (v)
    charges   added  to  customers'  bills  pursuant  to  the
    provisions of  Section  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 those provisions of the Public
    Utilities Act;
         (2)  charges  for  a  sent collect telecommunication
    received outside of such municipality;
         (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  as
    exempt  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;
         (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  Act  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  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)  amounts paid  by  telecommunications  retailers
    under  the  Telecommunications Infrastructure Maintenance
    Fee Act.
    "Interstate      telecommunications"      means       all
telecommunications that either originate or terminate outside
this State.
    "Intrastate       telecommunications"      means      all
telecommunications that originate and terminate  within  this
State.
    "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.
    "Purchase at retail" means the  acquisition,  consumption
or use of telecommunications through a sale at retail.
    "Retailer" means and includes every person engaged in the
business  of  making  sales  at  retail  as  defined  in this
Section.  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.
    "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.
    "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.
    "Service    address"    means     the     location     of
telecommunications  equipment  from  which 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,  and 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.
    "Taxpayer" means a person who individually or through his
or her agents, employees, or permittees engages in the act or
privilege of originating or receiving telecommunications in a
municipality  and who incurs a tax liability as authorized by
this Act.
    "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 such provider 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.   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' Occupations Tax Act.

    Section 5-10.  Authority.  The corporate  authorities  of
any   municipality  in  this State may tax any and all of the
following acts or privileges:
    (a)  The  act  or  privilege  of  originating   in   such
municipality  or  receiving  in  such municipality intrastate
telecommunications by a person.  However,  such  tax  is  not
imposed  on  such  act or privilege to the extent such act or
privilege may not, under the Constitution and statutes of the
United  States,  be  made  the   subject   of   taxation   by
municipalities in this State.
    (b)  The   act   or  privilege  of  originating  in  such
municipality or receiving  in  such  municipality  interstate
telecommunications by a person. To prevent actual multi-state
taxation  of the act or privilege that is subject to taxation
under this subsection, any  taxpayer,  upon  proof  that  the
taxpayer has paid a tax in another state on such event, shall
be  allowed  a  credit against any tax enacted pursuant to or
authorized by this Section to the extent  of  the  amount  of
such  tax properly due and paid in such other state which was
not previously allowed as a credit against any other state or
local tax in this State.  However, such tax is not imposed on
the act or privilege to the extent such act or privilege  may
not,  under  the  Constitution  and  statutes  of  the United
States, be made the subject of taxation by municipalities  in
this State.
    Section 5-15.  Maximum rates.
    (a)  For  municipalities  with  a population of less than
500,000, the tax authorized by this Act may be imposed  at  a
rate   not   to   exceed   6%   of   the   gross  charge  for
telecommunications purchased at retail.  If imposed, the  tax
must be in increments of 0.25%.
    (b)  For  municipalities  with a population of 500,000 or
more, the tax authorized by this Act may be imposed at a rate
not to exceed 7% of the gross charge  for  telecommunications
purchased  at  retail.   If  imposed,  the  tax  must  be  in
increments of 0.25%.

    Section 5-20. Imposition.
    (a)  On  and  after  January  1, 2003, for municipalities
with populations of less than 500,000, the tax authorized  by
this  Act  shall  be  imposed (except as provided in Sections
5-25 and 5-30 of  this  Act),  amended,  or  repealed  by  an
ordinance  adopted by the municipality, which ordinance shall
be filed by the municipality with the Department pursuant  to
the rules of the Department.
         (1)  Any  ordinance adopted by a municipality with a
    population of less than 500,000 which attempts to impose,
    amend or repeal the tax authorized by this Act  shall  be
    of  no  force  and  effect  until  properly filed with an
    appropriate form with the Department.
         (2)  Any certified copy of an ordinance  filed  with
    the   Department  prior  to  October  1,  2002  shall  be
    effective  with  respect  to  gross  charges  billed   by
    telecommunications  retailers on or after January 1, 2003
    and thereafter any certified copy of an  ordinance  filed
    with  the  Department  prior  to any April 1 or October 1
    shall be effective with respect to gross  charges  billed
    by telecommunications retailers on or after the following
    July 1 or January 1, respectively.
    (b)  On  and  after  January  1, 2003, for municipalities
with populations of 500,000 or more, the  tax  authorized  by
this  Act  shall  be  imposed,  amended, or repealed, and any
authorized  exemptions  granted,  by  the  adoption   of   an
ordinance.

    Section  5-25.   Existing  telecommunications  taxes  and
fees.
    (a)  Between  July  1,  2002  and  August  1,  2002,  the
Department  shall publish a list of the municipalities with a
population of less than 500,000 that have, at any time before
the effective date of this Act, enacted  ordinances  imposing
any  taxes  or  fees  authorized by subparagraph 1 of Section
8-11-2 of the Illinois Municipal Code, Section 8-11-17 of the
Illinois   Municipal   Code,   or   Section   20    of    the
Telecommunications  Infrastructure Maintenance Fee Act.  Such
list shall include the name of each  such  municipality,  the
rates  at  which  such  taxes  or  fees are imposed as of the
effective  date  of  this  Act,  and  the  rate  of  the  new
Simplified Municipal Telecommunications  Tax,  as  calculated
pursuant to Section 5-30 of this Act.
    (b)  In compiling the list described in this Section, the
Department   shall   collect   information   from  retailers,
municipalities, the Illinois Commerce Commission,  and  other
sources deemed by the Department to be reliable.
    (c)  Any  municipality  appearing  on  the list published
pursuant to this Section shall not be required to  adopt  and
file  an  ordinance  implementing  the tax authorized by this
Act. The list shall be conclusive evidence of the  imposition
of  the  tax  authorized by this Act at the rate appearing on
such list. Any tax imposed in such manner shall  take  effect
with  respect  to  gross charges billed by telecommunications
retailers on or after January 1,  2003.  A  municipality  may
alter   such  tax  only  by  filing  an  ordinance  with  the
Department pursuant to Section 5-20 of this Act.

    Section  5-30.   Calculation   of   rates   for   certain
municipalities.   The   rate   of  the  Simplified  Municipal
Telecommunications  Tax  for  municipalities  on   the   list
described  in  Section  5-25 of this Act shall be measured by
the sum of  the  following  rates  set  forth  in  ordinances
enacted  by  the municipalities at the rates in effect on the
effective date of this Act:
         (1)  The rate equal to 70% of the rate set forth  in
    such  ordinance  pursuant  to  subparagraph  1 of Section
    8-11-2 of the Illinois Municipal  Code,  rounded  to  the
    nearest even 0.25% increment; plus
         (2)  The  rate  set forth in such ordinance pursuant
    to  Section  8-11-17  of  the  Illinois  Municipal  Code,
    rounded to the nearest even 0.25% increment; plus
         (3)  The rate set forth in such  ordinance  pursuant
    to  Section  20  of the Telecommunications Infrastructure
    Maintenance Fee Act.

    Section 5-35.  Rebates and exemptions.  Any  municipality
may implement the following rebates and exemptions:
         (1)  A  municipality that imposes the tax authorized
    by this Act and whose territory includes part of  another
    unit  of  local  government or a school district, may, by
    separate ordinance, rebate some or all of the  amount  of
    such  tax  paid  by the other unit of local government or
    school district.  Any such rebate shall be  paid  by  the
    municipality   directly   to  the  other  unit  of  local
    government or school district qualifying for  the  rebate
    as  determined  by  the  municipality's  ordinance, which
    shall not be filed with the Department.
         (2)  A municipality that imposes the tax  authorized
    by  this  Act  may, by separate ordinance, rebate some or
    all of the amount of such tax to persons 65 years of  age
    or  older.   Any  tax  related  to  such  rebate shall be
    rebated  from  the  municipality  directly   to   persons
    qualified   for   the   rebate   as   determined  by  the
    municipality's ordinance, which shall not be  filed  with
    the Department.
         (3)  A  municipality with a population of 500,000 or
    more that imposes the tax authorized by this Act may,  by
    separate  ordinance,  exempt  from  the tax authorized by
    this    Act,    charges     for     inbound     toll-free
    telecommunications   service  commonly  known  as  "800",
    "877", or "888" or for a similar service, to  the  extent
    such  municipality  has passed an ordinance providing for
    this exemption.

    Section 5-40.  Collection.
    (a)  For municipalities with  populations  of  less  than
500,000,  the  tax  authorized by this Act shall be collected
from the taxpayer  by  a  retailer  maintaining  a  place  of
business in this State and shall be remitted by such retailer
to the Department.  Any tax required to be collected pursuant
to or as authorized by this Act and any such tax collected by
such  retailer  and required to be remitted to the Department
shall constitute a debt owed by the retailer  to  the  State.
Retailers  shall  collect the tax from the taxpayer by adding
the tax to the gross charge  for  the  act  or  privilege  of
originating  or  receiving  telecommunications  when sold for
use, in the manner prescribed by  the  Department.   The  tax
authorized  by  this  Act  shall  constitute  a  debt  of the
taxpayer to the retailer  until  paid,  and,  if  unpaid,  is
recoverable  at law in the same manner as the original charge
for such sale at retail.  If the retailer  fails  to  collect
the  tax  from  the  taxpayer,  then  the  taxpayer  shall be
required to pay the tax directly to  the  Department  in  the
manner provided by the Department.
    (b)  For  municipalities  with  populations of 500,000 or
more, the tax authorized by this Act shall be collected  from
the taxpayer by a retailer making or effectuating the sale at
retail  and  shall  be  remitted  by  such  retailer  to such
municipality.  Any tax required to be collected  pursuant  to
an  ordinance  authorized  by  this  Act  and  any  such  tax
collected  by  a retailer shall constitute a debt owed by the
retailer to such  municipality.  Retailers shall collect  the
tax  from  the taxpayer by adding the tax to the gross charge
for  the  act  or  privilege  of  originating  or   receiving
telecommunications   when   sold   for  use,  in  the  manner
prescribed by such municipality.  The tax authorized by  this
Act  shall  constitute a debt of the taxpayer to the retailer
who made or effectuated the sale at retail until paid and, if
unpaid, is recoverable at law  in  the  same  manner  as  the
original  charge  for  the  sale  at retail.  If the retailer
fails to collect the tax from the taxpayer, then the taxpayer
shall  be  required  to  pay  the  tax   directly   to   such
municipality  in  the  manner  provided by such municipality.
The municipality imposing  the  tax  shall  provide  for  its
administration and enforcement.
    (c)  Retailers  filing  tax  returns pursuant to this Act
shall,  at  the  time  of  filing  such  return,  pay  to   a
municipality  with  a population of 500,000 or more or to the
Department for all other municipalities, the  amount  of  the
tax  collected,  less  a  discount  of 1% which is allowed to
reimburse the retailer for the expenses incurred  in  keeping
records,  billing the customer, preparing and filing returns,
remitting the tax and supplying data to a municipality or the
Department upon request.  No discount may  be  claimed  by  a
retailer on returns not timely filed and for taxes not timely
remitted.
    (d)  Whenever  possible,  the  tax authorized by this Act
shall, when collected, be stated as a distinct item  separate
and apart from the gross charge for telecommunications.

    Section 5-45.  Resellers.
    (a)  If    a    person   who   originates   or   receives
telecommunications  claims  to  be   a   reseller   of   such
telecommunications, such person shall apply to a municipality
with a population of 500,000 or more or to the Department for
all   other   municipalities,  for  a  resale  number.   Such
applicant shall state facts which will  show  a  municipality
with  a  population  of 500,000 or more or the Department for
all other municipalities, why such applicant  is  not  liable
for  tax  authorized by this Act on any of such purchases and
shall furnish such additional information as  a  municipality
with  a  population  of 500,000 or more or the Department for
all other municipalities, may reasonably require.
    (b)  Upon approval of  the  application,  a  municipality
with  a  population  of 500,000 or more or the Department for
all other municipalities, shall assign a resale number to the
applicant and shall certify such number to the applicant.   A
municipality  with  a  population  of  500,000 or more or the
Department for  all  other  municipalities,  may  cancel  any
number  which is obtained through misrepresentation, or which
is used to send or receive  such  telecommunication  tax-free
when  such  actions  in  fact are not for resale, or which no
longer applies because of the  person's  having  discontinued
the making of resales.
    (c)  Except  as provided hereinabove in this Section, the
act   or    privilege    of    originating    or    receiving
telecommunications  in  this State shall not be made tax-free
on the ground of being a sale for resale  unless  the  person
has  an  active  resale  number  from  a  municipality with a
population of 500,000 or more or the Department for all other
municipalities, and furnishes that number to the retailer  in
connection  with  certifying to the retailer that any sale to
such person is  non-taxable  because  of  being  a  sale  for
resale.

    Section 5-50.  Returns to the Department.
    (a)  Commencing  on February 1, 2003, for the tax imposed
under subsection (a) of  Section  5-20  of  this  Act,  every
retailer maintaining a place of business in this State shall,
on  or before the last day of each month make a return to the
Department for the preceding calendar month, stating:
         (1)  Its name;
         (2)  The address of its principal place of  business
    or  the  address  of  the principal place of business (if
    that is a different address) from which it engages in the
    business of transmitting telecommunications;
         (3)  Total amount of  gross  charges  billed  by  it
    during   the   preceding  calendar  month  for  providing
    telecommunications during the calendar month;
         (4)  Total  amount  received  by   it   during   the
    preceding calendar month on credit extended;
         (5)  Deductions allowed by law;
         (6)  Gross charges that were billed by it during the
    preceding  calendar month and upon the basis of which the
    tax is imposed;
         (7)  Amount of tax (computed upon Item 6);
         (8)  The  municipalities  to  which  the  Department
    shall remit the taxes and the amount of such remittances;
         (9)  Such  other  reasonable  information   as   the
    Department may require.
    (b)  Any  retailer  required  to make payments under this
Section may make the payments by electronic  funds  transfer.
The  Department  shall  adopt rules necessary to effectuate a
program of electronic funds transfer. Any  retailer  who  has
average monthly tax billings due to the Department under this
Act  and  the  Telecommunications  Excise Tax Act that exceed
$1,000 shall make all payments by electronic  funds  transfer
as required by rules of the Department.
    (c)  If  the  retailer's average monthly tax billings due
to the Department under this Act and  the  Telecommunications
Excise  Tax  Act  do  not  exceed  $1,000, the Department may
authorize  such  retailer's  returns  to  be   filed   on   a
quarter-annual  basis, with the return for January, February,
and March of a given year being due by  April  30th  of  that
year;  with  the  return  for April, May, and June of a given
year being due by July 31st of that year; with the return for
July, August, and September of a  given  year  being  due  by
October  31st  of that year; and with the return for October,
November, and December of a given year being due  by  January
31st of the following year.
    (d)  If  the  retailer  is  otherwise  required to file a
monthly or quarterly return and  if  the  retailer's  average
monthly tax billings due to the Department under this Act and
the Telecommunications Excise Tax Act do not exceed $400, the
Department  may  authorize such retailer's return to be filed
on an annual basis, with the return for a  given  year  being
due by January 31st of the following year.
    (e)  Each  retailer  whose  average monthly remittance to
the Department  under this  Act  and  the  Telecommunications
Excise  Tax  Act  was  $25,000  or  more during the preceding
calendar year, excluding the month of highest remittance  and
the month of lowest remittance in such calendar year, and who
is  not  operated  by  a unit of local government, shall make
estimated payments to the Department on or  before  the  7th,
15th,  22nd,  and  last day of the month during which the tax
remittance is owed to the Department in an  amount  not  less
than  the  lower of either 22.5% of the retailer's actual tax
collections for the month or 25% of the retailer's actual tax
collections for the same  calendar  month  of  the  preceding
year.   The  amount of such quarter-monthly payments shall be
credited against  the  final  remittance  of  the  retailer's
return  for  that month.  Any outstanding credit, approved by
the Department, arising from the  retailer's  overpayment  of
its  final  remittance for any month may be applied to reduce
the amount  of  any  subsequent  quarter-monthly  payment  or
credited  against  the  final  remittance  of  the retailer's
return for any  subsequent  month.   If  any  quarter-monthly
payment  is not paid at the time or in the amount required by
this Section, the retailer shall be liable  for  penalty  and
interest  on the difference between the minimum amount due as
a payment and the amount of such payment actually and  timely
paid,  except  insofar  as  the  retailer has previously made
payments for that month to the Department or received credits
in excess of the minimum payments previously due.
    (f)  Notwithstanding any other provision of this  Section
containing  the  time within which a retailer may file his or
her return, in the case of any retailer who ceases to  engage
in  a  kind of business that makes him or her responsible for
filing returns under this Section, the retailer shall file  a
final  return under this Section with the Department not more
than one month after discontinuing such business.
    (g)  In making such return, the retailer shall  determine
the  value  of any consideration other than money received by
it and such retailer shall include the value in  its  return.
Such determination shall be subject to review and revision by
the  Department  in  the  manner hereinafter provided for the
correction of returns.
    (h)  Any retailer who has average  monthly  tax  billings
due    to   the   Department   under   this   Act   and   the
Telecommunications Excise Tax Act that  exceed  $1,000  shall
file  the return required by this Section by electronic means
as required by rules of the Department.
    (i)  The retailer filing the return herein  provided  for
shall,  at  the  time  of  filing  the  return,  pay  to  the
Department  the  amounts  due  pursuant  to  this  Act.   The
Department shall immediately pay over to the State Treasurer,
ex officio, as trustee, 99.5% of all  taxes,  penalties,  and
interest  collected  hereunder for deposit into the Municipal
Telecommunications  Fund,  which  is  hereby  created.    The
remaining  0.5%  received  by the Department pursuant to this
Act  shall  be  deposited  into  the   Tax   Compliance   and
Administration  Fund  and  shall  be  used by the Department,
subject  to  appropriation,  to  cover  the  costs   of   the
Department. On or before the 25th day of each calendar month,
the  Department  shall prepare and certify to the Comptroller
the disbursement of stated sums of money to be paid to  named
municipalities from the Municipal Telecommunications Fund for
amounts collected during the second preceding calendar month.
The   named  municipalities  shall  be  those  municipalities
identified by a retailer in such retailer's return as  having
imposed  the  tax authorized by the Act.  The amount of money
to be paid to each municipality  shall  be  the  amount  (not
including  credit  memoranda)  collected hereunder during the
second preceding calendar month by the  Department,  plus  an
amount  the  Department determines is necessary to offset any
amounts that were erronenously paid  to  a  different  taxing
body,  and  not  including  an  amount equal to the amount of
refunds made during the second preceding  calendar  month  by
the  Department  on  behalf  of  such  municipality,  and not
including  any  amount  that  the  Department  determines  is
necessary to  offset  any  amount  that  were  payable  to  a
different  taxing  body  but  were  erroneously  paid  to the
municipality.   Within  10  days   after   receipt   by   the
Comptroller   of  the  disbursement  certification  from  the
Department, the Comptroller shall  cause  the  orders  to  be
drawn  for  the  respective  amounts  in  accordance with the
directions contained in the certification.   When  certifying
to  the Comptroller the amount of a monthly disbursement to a
municipality  under  this  Section,  the   Department   shall
increase  or  decrease  the  amount by an amount necessary to
offset any  misallocation  of  previous  disbursements.   The
offset  amount  shall  be  the  amount  erroneously disbursed
within the previous 6 months from the time a misallocation is
discovered.
    (j)  For municipalities with  populations  of  less  than
500,000,  whenever  the  Department  determines that a refund
shall be made under this Section to  a  claimant  instead  of
issuing a credit memorandum, the Department  shall notify the
State  Comptroller, who shall cause the order to be drawn for
the  amount  specified  and  to  the  person  named  in   the
notification  from  the Department.  The refund shall be paid
by   the   State   Treasurer    out    of    the    Municipal
Telecommunications Fund.

    Section  5-55.   Pledged revenues. If a municipality has,
by contract, pledged or dedicated any or all of the  revenues
collected   under  any  of  its  taxes  imposed  pursuant  to
subparagraph 1 of Section 8-11-2 of  the  Illinois  Municipal
Code,  Section  8-11-17  of  the  Illinois Municipal Code, or
Section   20   of   the   Telecommunications   Infrastructure
Maintenance Fee Act as shown on the list described in Section
5-25 of this Act, then the  equivalent  portion  of  revenues
collected from the tax authorized by this Act shall be deemed
pledged or dedicated in a manner substantially similar to the
pledge of the then existing taxes so as to prevent disruption
of such contract.

    Section 5-60.  Waiver of franchise fees.
    (a)  Any  municipality shall be deemed to have waived its
right to receive all fees,  charges  and  other  compensation
that  might  accrue  to  the municipality after the effective
date of this Act, under any franchise agreement, license,  or
similar agreement, executed on or before January 1, 1998 with
telecommunications retailers if:
         (1)  the  municipality imposes the tax authorized by
    this Act at a rate exceeding 5%;
         (2)  the  municipality  affirmatively  waives   such
    fees; or
         (3)  the   municipality  is  included  in  the  list
    described in Section  5-25  of  this  Act  as  having  an
    infrastructure maintenance fee in place.
    (b)  This  waiver shall be effective only during the time
that  either  the  infrastructure  maintenance  fee  or   the
simplified  tax authorized under this Act is subject to being
lawfully  imposed   on   the   telecommunications   retailer,
collected  by  the  municipality  or the Department, and paid
over to the municipality.
    (c)  No portion of this Act shall be  construed  to  have
repealed  or  amended  the  prohibition  on franchise fees or
other   charges   set   forth   in   Section   30   of    the
Telecommunications Infrastructure Maintenance Fee Act.

    Section  5-65.   Incorporation by reference. On and after
January 1, 2003, for municipalities with populations of  less
than  500,000,  all  of the provisions of Sections 7, 10, 11,
12, 13, 14, 15, 16, 17, 18, and 19 of the  Telecommunications
Excise  Tax  Act,  Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g,
5i, 5j, 6, 6a, 6b, and 6c of the  Retailers'  Occupation  Tax
Act,  and  all  the  provisions  of  the  Uniform Penalty and
Interest Act, which are not inconsistent with this Act, shall
apply, as far as practicable, to the subject matter  of  this
Act  to  the  same extent as if such provisions were included
herein.  References in  such  incorporated  Sections  of  the
Retailers' Occupation Tax Act to retailers, to sellers, or to
persons  engaged in the business of selling tangible personal
property mean retailers, as defined in this Act,  or  persons
engaged  in  the act or privilege of originating or receiving
telecommunications.  References in such incorporated Sections
of  the  Retailers'  Occupation  Tax  Act  to  purchasers  of
tangible    personal    property    mean    purchasers     of
telecommunications  as  defined  in  this Act.  References in
such incorporated Sections of the Retailers'  Occupation  Tax
Act  to  sales  of tangible personal property mean the act or
privilege of originating or receiving  telecommunications  as
defined in this Act.

    Section  5-90.  Home  rule.   The authorization to impose
municipal telecommunications taxes and fees is  an  exclusive
power  and  function  of the State.  A home rule municipality
may not impose municipal telecommunications  taxes  and  fees
other  than  as  authorized  under  this  Act.  This Act is a
denial and limitation  of  municipal  home  rule  powers  and
functions under subsection (g) of Section 6 of Article VII of
the Illinois Constitution.

                         ARTICLE 90

    Section  90-5.   The State Revenue Sharing Act is amended
by changing Section 12 as follows:

    (30 ILCS 115/12) (from Ch. 85, par. 616)
    Sec. 12.  Personal Property Tax Replacement  Fund.  There
is hereby created the Personal Property Tax Replacement Fund,
a special fund in the State Treasury into which shall be paid
all revenue realized:
    (a)  all  amounts  realized  from the additional personal
property tax replacement income tax  imposed  by  subsections
(c)  and  (d)  of Section 201 of the Illinois Income Tax Act,
except for those amounts deposited into the Income Tax Refund
Fund pursuant  to  subsection  (c)  of  Section  901  of  the
Illinois Income Tax Act; and
    (b)  all  amounts  realized  from the additional personal
property  replacement  invested  capital  taxes  imposed   by
Section 2a.1 of the Messages Tax Act, Section 2a.1 of the Gas
Revenue  Tax  Act,   Section  2a.1  of  the  Public Utilities
Revenue Act, and Section 3  of  the  Water  Company  Invested
Capital  Tax  Act,  and  amounts payable to the Department of
Revenue under the Telecommunications Municipal Infrastructure
Maintenance Fee Act.
    As soon as may be  after  the  end  of  each  month,  the
Department  of Revenue shall certify to the Treasurer and the
Comptroller the amount of all refunds paid out of the General
Revenue Fund  through  the  preceding  month  on  account  of
overpayment  of  liability  on  taxes  paid into the Personal
Property  Tax  Replacement  Fund.  Upon   receipt   of   such
certification,   the  Treasurer  and  the  Comptroller  shall
transfer the amount so certified from the  Personal  Property
Tax Replacement Fund into the General Revenue Fund.
    The  payments  of  revenue into the Personal Property Tax
Replacement Fund shall be used exclusively  for  distribution
to  taxing  districts as provided in this Section, payment of
the  expenses  of  the  Department  of  Revenue  incurred  in
administering the collection and distribution of monies  paid
into the Personal Property Tax Replacement Fund and transfers
due  to refunds to taxpayers for overpayment of liability for
taxes paid into the Personal Property Tax Replacement Fund.
    As soon as may  be  after  the  effective  date  of  this
amendatory  Act  of  1980,  the  Department  of Revenue shall
certify to  the  Treasurer  the  amount  of  net  replacement
revenue  paid  into  the  General  Revenue Fund prior to that
effective date from the additional  tax  imposed  by  Section
2a.1 of the Messages Tax Act; Section 2a.1 of the Gas Revenue
Tax  Act;  Section  2a.1 of the Public Utilities Revenue Act;
Section 3 of the Water  Company  Invested  Capital  Tax  Act;
amounts  collected  by  the  Department  of Revenue under the
Telecommunications Municipal Infrastructure  Maintenance  Fee
Act;  and  the  additional  personal property tax replacement
income tax imposed by the Illinois Income Tax Act, as amended
by Public  Act  81-1st  Special  Session-1.  Net  replacement
revenue  shall  be  defined as the total amount paid into and
remaining in the General Revenue Fund as a  result  of  those
Acts  minus  the  amount  outstanding  and obligated from the
General Revenue Fund in state vouchers or warrants  prior  to
the  effective date of this amendatory Act of 1980 as refunds
to taxpayers for overpayment of liability under those Acts.
    All interest earned by monies accumulated in the Personal
Property Tax Replacement Fund  shall  be  deposited  in  such
Fund.  All  amounts  allocated  pursuant  to this Section are
appropriated on a continuing basis.
    Prior to December 31, 1980, as soon as may be  after  the
end  of  each  quarter  beginning  with  the  quarter  ending
December  31,  1979,  and  on and after December 31, 1980, as
soon as may be after January 1, March 1, April 1, May 1, July
1, August 1, October 1 and  December  1  of  each  year,  the
Department  of Revenue shall allocate to each taxing district
as defined in Section 1-150 of  the  Property  Tax  Code,  in
accordance  with  the  provisions  of  paragraph  (2) of this
Section the  portion  of  the  funds  held  in  the  Personal
Property  Tax  Replacement  Fund  which  is  required  to  be
distributed,  as provided in paragraph (1), for each quarter.
Provided, however, under no circumstances  shall  any  taxing
district  during  each of the first two years of distribution
of the taxes imposed  by  this  amendatory  Act  of  1979  be
entitled to an annual allocation which is less than the funds
such   taxing  district  collected  from  the  1978  personal
property tax. Provided further that  under  no  circumstances
shall   any   taxing   district  during  the  third  year  of
distribution of the taxes imposed by this amendatory  Act  of
1979  receive less than 60% of the funds such taxing district
collected from the 1978 personal property tax. In  the  event
that  the total of the allocations made as above provided for
all taxing districts, during either of such 3 years,  exceeds
the  amount available for distribution the allocation of each
taxing district shall be proportionately reduced.  Except  as
provided in Section 13 of this Act, the Department shall then
certify,  pursuant  to appropriation, such allocations to the
State Comptroller who shall pay over to  the  several  taxing
districts the respective amounts allocated to them.
    Any  township which receives an allocation based in whole
or in part upon  personal  property  taxes  which  it  levied
pursuant  to  Section  6-507 or 6-512 of the Illinois Highway
Code and which was previously required to be paid over  to  a
municipality  shall immediately pay over to that municipality
a proportionate share of the  personal  property  replacement
funds which such township receives.
    Any  municipality  or township, other than a municipality
with a population in excess of  500,000,  which  receives  an
allocation  based  in  whole  or in part on personal property
taxes which it levied pursuant to Sections 3-1, 3-4  and  3-6
of  the  Illinois  Local Library Act and which was previously
required  to  be  paid  over  to  a  public   library   shall
immediately pay over to that library a proportionate share of
the  personal  property  tax  replacement  funds  which  such
municipality  or  township  receives; provided that if such a
public library has converted to a library organized under The
Illinois Public Library District Act, regardless  of  whether
such  conversion  has occurred on, after or before January 1,
1988, such proportionate share shall be immediately paid over
to the library district  which  maintains  and  operates  the
library.  However,  any  library  that has converted prior to
January 1, 1988, and which  hitherto  has  not  received  the
personal  property  tax replacement funds, shall receive such
funds commencing on January 1, 1988.
    Any township which receives an allocation based in  whole
or  in  part  on  personal  property  taxes  which  it levied
pursuant to Section 1c of the Public Graveyards Act and which
taxes were previously required to be paid over to or used for
such public cemetery or cemeteries shall immediately pay over
to  or  use  for  such  public  cemetery  or   cemeteries   a
proportionate  share of the personal property tax replacement
funds which the township receives.
    Any taxing district which receives an allocation based in
whole or in part upon personal property taxes which it levied
for another governmental body  or  school  district  in  Cook
County  in  1976  or  for another governmental body or school
district  in  the  remainder  of  the  State  in  1977  shall
immediately pay over to  that  governmental  body  or  school
district  the  amount  of personal property replacement funds
which such governmental body or school district would receive
directly under  the  provisions  of  paragraph  (2)  of  this
Section, had it levied its own taxes.
    (1)  The portion of the Personal Property Tax Replacement
Fund  required to be distributed as of the time allocation is
required to be made shall be the  amount  available  in  such
Fund as of the time allocation is required to be made.
    The  amount available for distribution shall be the total
amount  in  the  fund  at  such  time  minus  the   necessary
administrative  expenses  as limited by the appropriation and
the amount determined by:  (a) $2.8 million for  fiscal  year
1981; (b) for fiscal year 1982, .54% of the funds distributed
from  the  fund  during  the  preceding  fiscal year; (c) for
fiscal year 1983 through fiscal year 1988, .54% of the  funds
distributed  from  the  fund during the preceding fiscal year
less .02% of such fund for fiscal year 1983 and less .02%  of
such funds for each fiscal year thereafter, or (d) for fiscal
year  1989  and  beyond  no  more  than  105%  of  the actual
administrative  expenses  of  the  prior  fiscal  year.  Such
portion of the fund shall be determined  after  the  transfer
into  the  General  Revenue Fund due to refunds, if any, paid
from the General Revenue Fund during the  preceding  quarter.
If  at any time, for any reason, there is insufficient amount
in the Personal Property Tax Replacement Fund for payment  of
costs  of  administration  or for transfers due to refunds at
the  end  of  any  particular  month,  the  amount  of   such
insufficiency  shall  be  carried  over  for  the purposes of
transfers into the General Revenue Fund and for  purposes  of
costs  of  administration  to  the following month or months.
Net replacement revenue held, and  defined  above,  shall  be
transferred  by the Treasurer and Comptroller to the Personal
Property  Tax  Replacement  Fund  within  10  days  of   such
certification.
    (2)  Each quarterly allocation shall first be apportioned
in  the following manner: 51.65% for taxing districts in Cook
County and 48.35% for taxing districts in  the  remainder  of
the State.
    The  Personal  Property  Replacement Ratio of each taxing
district outside Cook County shall be the ratio which the Tax
Base of that taxing district bears to the Downstate Tax Base.
The Tax Base of each taxing district outside of  Cook  County
is  the  personal  property  tax  collections for that taxing
district for the 1977 tax year.  The Downstate  Tax  Base  is
the   personal   property  tax  collections  for  all  taxing
districts in the State outside of Cook County  for  the  1977
tax  year.  The Department of Revenue shall have authority to
review for accuracy and completeness  the  personal  property
tax  collections for each taxing district outside Cook County
for the 1977 tax year.
    The Personal Property  Replacement  Ratio  of  each  Cook
County  taxing district shall be the ratio which the Tax Base
of that taxing district bears to the Cook  County  Tax  Base.
The  Tax  Base  of  each  Cook  County taxing district is the
personal property tax collections for  that  taxing  district
for  the  1976  tax  year.   The  Cook County Tax Base is the
personal property tax collections for all taxing districts in
Cook County for the 1976 tax year. The Department of  Revenue
shall  have authority to review for accuracy and completeness
the  personal  property  tax  collections  for  each   taxing
district within Cook County for the 1976 tax year.
    For  all  purposes  of this Section 12, amounts paid to a
taxing district for such tax years as may be applicable by  a
foreign  corporation under the provisions of Section 7-202 of
the Public Utilities Act, as amended, shall be deemed  to  be
personal property taxes collected by such taxing district for
such  tax  years  as  may  be  applicable. The Director shall
determine from the Illinois Commerce Commission, for any  tax
year  as  may  be applicable, the amounts so paid by any such
foreign corporation to any  and  all  taxing  districts.  The
Illinois  Commerce  Commission shall furnish such information
to the Director. For all purposes of  this  Section  12,  the
Director  shall  deem  such  amounts to be collected personal
property  taxes  of  each  such  taxing  district   for   the
applicable tax year or years.
    Taxing  districts  located both in Cook County and in one
or more other counties  shall  receive  both  a  Cook  County
allocation  and a Downstate allocation determined in the same
way as all other taxing districts.
    If any taxing district  in  existence  on  July  1,  1979
ceases to exist, or discontinues its operations, its Tax Base
shall thereafter be deemed to be zero.  If the powers, duties
and  obligations  of  the  discontinued  taxing  district are
assumed by another taxing  district,  the  Tax  Base  of  the
discontinued  taxing  district shall be added to the Tax Base
of the taxing  district  assuming  such  powers,  duties  and
obligations.
    If  two  or more taxing districts in existence on July 1,
1979, or a successor or successors thereto shall  consolidate
into  one  taxing district, the Tax Base of such consolidated
taxing district shall be the sum of the Tax Bases of each  of
the taxing districts which have consolidated.
    If a single taxing district in existence on July 1, 1979,
or  a  successor  or successors thereto shall be divided into
two or more separate taxing districts, the tax  base  of  the
taxing  district so divided shall be allocated to each of the
resulting taxing districts in proportion to the then  current
equalized assessed value of each resulting taxing district.
    If  a  portion  of  the territory of a taxing district is
disconnected and annexed to another taxing  district  of  the
same  type,  the  Tax  Base of the taxing district from which
disconnection was made shall be reduced in proportion to  the
then  current  equalized  assessed  value of the disconnected
territory  as  compared  with  the  then  current   equalized
assessed  value  within  the  entire  territory of the taxing
district prior to  disconnection,  and  the  amount  of  such
reduction  shall  be  added  to  the  Tax  Base of the taxing
district to which annexation is made.
    If a community college district is created after July  1,
1979,  beginning on the effective date of this amendatory Act
of 1995, its Tax Base  shall  be  3.5%  of  the  sum  of  the
personal  property tax collected for the 1977 tax year within
the territorial jurisdiction of the district.
    The  amounts  allocated  and  paid  to  taxing  districts
pursuant to the provisions of this  amendatory  Act  of  1979
shall  be  deemed  to be substitute revenues for the revenues
derived from taxes imposed on personal property  pursuant  to
the  provisions  of  the "Revenue Act of 1939" or "An Act for
the assessment and taxation of private car  line  companies",
approved  July  22,  1943,  as amended, or Section 414 of the
Illinois Insurance Code, prior to the abolition of such taxes
and shall be used for  the  same  purposes  as  the  revenues
derived from ad valorem taxes on real estate.
    Monies received by any taxing districts from the Personal
Property  Tax  Replacement Fund shall be first applied toward
payment of the proportionate amount of debt service which was
previously  levied  and  collected  from  extensions  against
personal property on bonds outstanding  as  of  December  31,
1978  and  next  applied  toward payment of the proportionate
share of the pension or retirement obligations of the  taxing
district  which  were  previously  levied  and collected from
extensions  against  personal   property.   For   each   such
outstanding  bond issue, the County Clerk shall determine the
percentage of the  debt  service  which  was  collected  from
extensions  against  real  estate  in the taxing district for
1978 taxes payable in 1979, as related to the total amount of
such levies and collections from extensions against both real
and personal property.  For 1979 and subsequent years' taxes,
the County Clerk shall levy and extend taxes against the real
estate of each taxing district  which  will  yield  the  said
percentage  or  percentages  of  the  debt  service  on  such
outstanding  bonds.  The  balance  of the amount necessary to
fully pay such debt service  shall  constitute  a  first  and
prior  lien  upon  the  monies  received  by each such taxing
district through the Personal Property Tax  Replacement  Fund
and shall be first applied or set aside for such purpose.  In
counties   having   fewer  than  3,000,000  inhabitants,  the
amendments to this paragraph as made by this  amendatory  Act
of   1980  shall  be  first  applicable to  1980  taxes to be
collected in 1981.
(Source: P.A. 89-327, eff. 1-1-96; 90-154, eff. 1-1-98.)

    Section 90-10.  The Telecommunications Excise Tax Act  is
amended by changing Sections 2, 6, and 15 as follows:
    (35 ILCS 630/2) (from Ch. 120, par. 2002)
    (Text of Section before amendment by P.A. 92-474)
    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; (iv) 911  surcharges;  or  (v)
    the    tax    imposed   by   the   Simplified   Municipal
    Telecommunications Tax Act;
         (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,
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.)

    (Text of Section after amendment by P.A. 92-474)
    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; (iv) 911 surcharges; or (v)
    the   tax   imposed   by   the    Simplified    Municipal
    Telecommunications Tax Act;
         (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. 91-870, eff. 6-22-00; 92-474, eff. 8-1-02.)
    (35 ILCS 630/6) (from Ch. 120, par. 2006)
    Sec. 6.  Except as provided hereinafter in this  Section,
on  or  before the last 15th day of each month, each retailer
maintaining a place of business in this State  shall  make  a
return  to  the  Department for the preceding calendar month,
stating:
         1.  His name;
         2.  The address of his principal place of  business,
    or and the address of the principal place of business (if
    that is a different address) from which he engages in the
    business of transmitting telecommunications;
         3.  Total  amount  of  gross  charges  billed by him
    during  the  preceding  calendar  month   for   providing
    telecommunications during such calendar month;
         4.  Total   amount   received   by  him  during  the
    preceding calendar month on credit extended;
         5.  Deductions allowed by law;
         6.  Gross charges which were billed  by  him  during
    the  preceding calendar month and upon the basis of which
    the tax is imposed;
         7.  Amount of tax (computed upon Item 6);
         8.  Such  other  reasonable   information   as   the
    Department may require.
    Any taxpayer required to make payments under this Section
may  make  the  payments  by  electronic funds transfer.  The
Department  shall  adopt  rules  necessary  to  effectuate  a
program of electronic funds transfer. Any  taxpayer  who  has
average monthly tax billings due to the Department under this
Act  and  the Simplified Municipal Telecommunications Tax Act
that exceed $1,000 shall  make  all  payments  by  electronic
funds  transfer  as  required  by rules of the Department and
shall file the return required by this Section by  electronic
means as required by rules of the Department.
    If the retailer's average monthly tax billings due to the
Department  under  this  Act  and  the  Simplified  Municipal
Telecommunications  Tax  Act  do  not exceed $1,000 $200, the
Department may authorize his returns to be filed on a quarter
annual basis, with the return for January, February and March
of a given year being due by April 30 15 of such  year;  with
the  return for April, May and June of a given year being due
by July 31st 15 of such  year;  with  the  return  for  July,
August  and  September  of  a given year being due by October
31st 15 of  such  year;  and  with  the  return  of  October,
November  and  December  of a given year being due by January
31st 15 of the following year.
    If the retailer is otherwise required to file  a  monthly
or quarterly return and if the retailer's average monthly tax
billings  due  to  the  Department  under  this  Act  and the
Simplified Municipal Telecommunications Tax Act do not exceed
$400 $50, the Department may authorize his or her  return  to
be filed on an annual basis, with the return for a given year
being due by January 31st 15th of the following year.
    Notwithstanding  any  other  provision  of  this  Article
containing  the  time  within  which  a retailer may file his
return, in the case of any retailer who ceases to engage in a
kind of business  which  makes  him  responsible  for  filing
returns  under this Article, such retailer shall file a final
return under this Article with the Department not  more  than
one month after discontinuing such business.
    In  making  such return, the retailer shall determine the
value of any consideration other than money received  by  him
and  he  shall  include  such  value  in  his  return.   Such
determination  shall be subject to review and revision by the
Department  in  the  manner  hereinafter  provided  for   the
correction of returns.
    Each  retailer  whose  average  monthly  liability to the
Department under this Article and  the  Simplified  Municipal
Telecommunications Tax Act was $25,000 $10,000 or more during
the  preceding  calendar year, excluding the month of highest
liability and the month of lowest liability in such  calendar
year,  and who is not operated by a unit of local government,
shall make estimated payments to the Department on or  before
the  7th,  15th,  22nd and last day of the month during which
tax collection liability to the Department is incurred in  an
amount  not  less  than  the  lower  of  either  22.5% of the
retailer's actual tax collections for the month or 25% of the
retailer's actual tax collections for the same calendar month
of the preceding year.  The amount of  such  quarter  monthly
payments shall be credited against the final liability of the
retailer's  return  for  that month.  Any outstanding credit,
approved by  the  Department,  arising  from  the  retailer's
overpayment  of  its  final  liability  for  any month may be
applied to  reduce  the  amount  of  any  subsequent  quarter
monthly  payment  or  credited against the final liability of
the retailer's return  for  any  subsequent  month.   If  any
quarter  monthly  payment  is  not paid at the time or in the
amount required by this Section, the retailer shall be liable
for penalty  and  interest  on  the  difference  between  the
minimum  amount  due  as  a  payment  and  the amount of such
payment actually and  timely  paid,  except  insofar  as  the
retailer  has  previously made payments for that month to the
Department in excess of the minimum payments previously due.
    If the Director finds that the information  required  for
the  making  of  an  accurate  return  cannot  reasonably  be
compiled  by a retailer within 15 days after the close of the
calendar month for which a return is to be made, he may grant
an extension of time for the filing  of  such  return  for  a
period  of  not  to exceed 31 calendar days.  The granting of
such an extension may be conditioned upon the deposit by  the
retailer  with  the  Department  of  an  amount  of money not
exceeding the amount estimated by the Director to be due with
the return so extended.  All  such  deposits,  including  any
heretofore  made  with  the  Department,  shall  be  credited
against  the  retailer's  liabilities under this Article.  If
any such deposit exceeds the retailer's present and  probable
future  liabilities  under this Article, the Department shall
issue to the retailer  a  credit  memorandum,  which  may  be
assigned  by  the  retailer  to a similar retailer under this
Article, in accordance with reasonable rules and  regulations
to be prescribed by the Department.
    The retailer making the return herein provided for shall,
at  the time of making such return, pay to the Department the
amount of tax herein imposed, less a discount of 1% which  is
allowed  to  reimburse the retailer for the expenses incurred
in keeping  records,  billing  the  customer,  preparing  and
filing  returns, remitting the tax, and supplying data to the
Department upon request.  No discount may  be  claimed  by  a
retailer on returns not timely filed and for taxes not timely
remitted.  On and after the effective date of this Article of
1985, $1,000,000 of the moneys received by the Department  of
Revenue  pursuant  to  this  Article shall be paid each month
into the Common  School  Fund  and  the  remainder  into  the
General Revenue Fund. On and after February 1, 1998, however,
of  the moneys received by the Department of Revenue pursuant
to the additional taxes imposed by  this  amendatory  Act  of
1997   one-half   shall   be   deposited   into   the  School
Infrastructure Fund and one-half shall be deposited into  the
Common  School  Fund. On and after the effective date of this
amendatory Act of the 91st General Assembly, if in any fiscal
year the total  of  the  moneys  deposited  into  the  School
Infrastructure  Fund under this Act is less than the total of
the moneys deposited into that Fund from the additional taxes
imposed by Public Act 90-548 during fiscal year  1999,  then,
as  soon  as possible after the close of the fiscal year, the
Comptroller shall order transferred and the  Treasurer  shall
transfer   from  the  General  Revenue  Fund  to  the  School
Infrastructure Fund an amount equal to the difference between
the fiscal year total deposits and the total amount deposited
into the Fund in fiscal year 1999.
(Source: P.A. 90-16,  eff.  6-16-97;  90-548,  eff.  12-4-97;
91-541, eff. 8-13-99; 91-870, 6-22-00.)

    (35 ILCS 630/15) (from Ch. 120, par. 2015)
    Sec.   15.  Confidential  information.   All  information
received by the Department  from  returns  filed  under  this
Article,  or  from  any  investigations  conducted under this
Article, shall be confidential, except for official purposes,
and any person who  divulges  any  such  information  in  any
manner,  except in accordance with a proper judicial order or
as otherwise provided by law, shall be guilty of  a  Class  B
misdemeanor.
    Provided,  that  nothing  contained in this Article shall
prevent the Director from publishing or making  available  to
the  public the names and addresses of retailers or taxpayers
filing returns under this  Article,  or  from  publishing  or
making   available   reasonable   statistics  concerning  the
operation of the tax wherein  the  contents  of  returns  are
grouped  into  aggregates  in such a way that the information
contained in any individual return shall not be disclosed.
    And provided, that  nothing  contained  in  this  Article
shall  prevent  the  Director  from  making  available to the
United States Government  or  the  government  of  any  other
state,  or  any  officer  or  agency thereof, for exclusively
official purposes, information received by the Department  in
the   administration   of   this   Article,   if  such  other
governmental  agency  agrees   to   divulge   requested   tax
information to the Department.
    The  furnishing  upon  request of the Auditor General, or
his authorized agents, for official use, of returns filed and
information related thereto under this Article is  deemed  to
be an official purpose within the meaning of this Section.
    The furnishing of financial information to a municipality
that  has  imposed  a  tax  under  the  Simplified  Municipal
Telecommunications   Tax  Act,  upon  request  of  the  chief
executive thereof, is an official purpose within the  meaning
of  this  Section,  provided  that the municipality agrees in
writing to the requirements of this Section.  Information  so
provided  shall  be subject to all confidentiality provisions
of this Section.  The written  agreement  shall  provide  for
reciprocity,   limitations   on   access,   disclosure,   and
procedures for requesting information.
    The  Director  shall make available for public inspection
in the Department's principal office and for publication,  at
cost,  administrative decisions issued on or after January 1,
1995. These decisions are to be made available in a manner so
that the following taxpayer information is not disclosed:
         (1)  The  names,   addresses,   and   identification
    numbers of the taxpayer, related entities, and employees.
         (2)  At  the  sole discretion of the Director, trade
    secrets or other confidential information  identified  as
    such by the taxpayer, no later than 30 days after receipt
    of  an  administrative  decision,  by  such  means as the
    Department shall provide by rule.
    The Director shall determine the  appropriate  extent  of
the  deletions  allowed  in  paragraph  (2). In the event the
taxpayer does not submit deletions, the Director  shall  make
only the deletions specified in paragraph (1).
    The  Director  shall make available for public inspection
and publication an administrative decision  within  180  days
after  the  issuance of the administrative decision. The term
"administrative decision" has the same meaning as defined  in
Section  3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.
    Nothing contained in this Act shall prevent the  Director
from  divulging  information  to  any  person  pursuant  to a
request or authorization  made  by  the  taxpayer  or  by  an
authorized representative of the taxpayer.
(Source: P.A. 90-491, eff. 1-1-98.)

    Section    90-15.    The   Telecommunications   Municipal
Infrastructure Maintenance Fee Act  is  amended  by  changing
Sections  1,  5,  10,  15,  20,  25, 27, 27.35, 30, and 35 as
follows:

    (35 ILCS 635/1)
    Sec. 1.  Short title.  This  Act  may  be  cited  as  the
Telecommunications  Municipal  Infrastructure Maintenance Fee
Act.
(Source: P.A. 90-154, eff. 1-1-98.)

    (35 ILCS 635/5)
    Sec. 5.  Legislative intent.
    (a)  The General  Assembly  imposed  a  tax  on  invested
capital  of  utilities  to  partially  replace  the  personal
property  tax that was abolished by the Illinois Constitution
of 1970.  Since  that  tax  was  imposed,  telecommunications
retailers   have   evolved   from   utility  status  into  an
increasingly competitive industry serving the public.
    (b)  This Act is intended to abolish the invested capital
tax on telecommunications retailers (that is, persons engaged
in the business of transmitting  messages  and  acting  as  a
retailer of telecommunications as defined in Section 2 of the
Telecommunications     Excise     Tax     Act).      Cellular
telecommunications  retailers have already been excluded from
application  of  the  invested   capital   tax   by   earlier
legislative action.
    (c)  For  the  period prior to the effective date of this
amendatory Act of the 92nd General Assembly, this Act is also
intended to abolish municipal franchise fees with respect  to
telecommunications retailers, create a uniform system for the
collection  and  distribution  of  fees  associated  with the
privilege  of  use  of  the   public   right   of   way   for
telecommunications  activity, and provide municipalities with
a comprehensive method of compensation for telecommunications
activity  including  the  recovery  of  reasonable  costs  of
regulating  the  use  of   the   public   rights-of-way   for
telecommunications activity.
    (d)  For  the  period  from  the  effective  date of this
amendatory Act of the 92nd General Assembly through  December
31,  2002,  it is the intent of the General Assembly that the
municipal infrastructure maintenance fee  and  its  rate  are
subject only to the limits prescribed in Section 20, and that
the  fee  and the rate of the fee do not relate to use of the
public rights-of-way or the costs associated with maintaining
and regulating the use of the public  rights-of-way.   It  is
also  the intent of the General Assembly that proceeds of the
municipal infrastructure maintenance fee may be used for  any
lawful  corporate  purpose.    It  is  not  the intent of the
General   Assembly   that   the   municipal    infrastructure
maintenance  fee  is  in  any way compensation for use of the
public rights-of-way.   It  is  the  intent  of  the  General
Assembly  that  the  fee  be  paid  by all telecommunications
retailers, regardless of whether they have equipment  in  the
public rights-of-way.
    (e)  This  amendatory Act of the 92nd General Assembly is
intended to repeal the municipal  infrastructure  maintenance
fee and the optional infrastructure maintenance fee effective
January 1, 2003.
(Source: P.A. 90-154, eff. 1-1-98; 91-533, eff. 8-13-99.)

    (35 ILCS 635/10)
    (Text of Section before amendment by P.A. 92-474)
    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,   (iv)  (v)  911
    surcharges, (v) or (vi) the tax imposed by  Section  4251
    of  the Internal Revenue Code, or (vi) the tax imposed by
    the Simplified Municipal Telecommunications Tax Act;
         (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); or
         (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 this 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,  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.)

    (Text of Section after amendment by P.A. 92-474)
    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,   (iv)   (v)   911
    surcharges,  (v)  or (vi) the tax imposed by Section 4251
    of the Internal Revenue Code, or (vi) the tax imposed  by
    the Simplified Municipal Telecommunications Tax Act;
         (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); or
         (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 this 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. 91-870, eff. 6-22-00; 92-474, eff. 8-1-02.)

    (35 ILCS 635/15)
    Sec.   15.  State    telecommunications    infrastructure
maintenance fees.
    (a)  A  State  infrastructure  maintenance  fee is hereby
imposed upon telecommunications retailers  as  a  replacement
for  the  personal  property  tax  in  an amount specified in
subsection (b).
    (b)  The amount of the State  infrastructure  maintenance
fee  imposed  upon  a  telecommunications retailer under this
Section shall be equal to 0.5% of all gross  charges  charged
by  the  telecommunications  retailer to service addresses in
this  State  for  telecommunications,  other  than   wireless
telecommunications,  originating  or  received in this State.
However, the State  infrastructure  maintenance  fee  is  not
imposed  in any case in which the imposition of the fee would
violate the Constitution or statutes of the United States.
    (c)  (Blank). An optional infrastructure maintenance  fee
is  hereby  created.  A telecommunications retailer may elect
to pay  the  optional  infrastructure  maintenance  fee  with
respect    to    the    gross    charges   charged   by   the
telecommunications  retailer  to  service  addresses   in   a
particular  municipality  for  telecommunications, other than
wireless telecommunications, originating or received  in  the
municipality  if  (1)  the telecommunications retailer is not
required to pay any compensation to the municipality under an
existing franchise agreement and (2) the municipality has not
imposed  a  municipal  infrastructure  maintenance   fee   as
authorized  in  Section  20 of this Act. A telecommunications
retailer  electing  to  pay   the   optional   infrastructure
maintenance  fee shall notify the Department of such election
on the application for  certificate  of  registration.  If  a
telecommunications  retailer  elects  to  pay  this  fee with
respect   to   the   gross    charges    charged    by    the
telecommunications   retailer   to  service  addresses  in  a
particular municipality, such election shall remain  in  full
force  and effect until such time as the municipality imposes
a municipal infrastructure maintenance fee.
    (d)  (Blank). The amount of the  optional  infrastructure
maintenance fee which a telecommunications retailer may elect
to  pay  with  respect  to a particular municipality shall be
equal  to  25%  of  the  maximum  amount  of  the   municipal
infrastructure  maintenance  fee which the municipality could
impose under Section 20 of this Act.
    (e)  The State infrastructure  maintenance  fee  and  the
optional  infrastructure  maintenance  fee authorized by this
Section shall be collected, enforced, and administered as set
forth in subsection (b) of Section 25 of this Act.
(Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)

    (35 ILCS 635/20)
    Sec.  20.  Municipal  telecommunications   infrastructure
maintenance fee.
    (a)  A municipality may impose a municipal infrastructure
maintenance  fee  upon  telecommunications  retailers  in  an
amount   specified  in  subsection  (b).  On  and  after  the
effective date of this amendatory Act of  1997,  a  certified
copy  of an ordinance or resolution imposing a fee under this
Section shall be filed with the  Department  within  30  days
after  the  effective  date  of  this  amendatory  Act or the
effective date of the ordinance or resolution  imposing  such
fee, whichever is later.  Failure to file a certified copy of
the ordinance or resolution imposing a fee under this Section
shall  have  no  effect  on  the validity of the ordinance or
resolution.  The Department shall create and maintain a  list
of  all  ordinances  and  resolutions  filed pursuant to this
Section and  make  that  list,  as  well  as  copies  of  the
ordinances  and  resolutions,  available  to the public for a
reasonable fee.
    (b)  The   amount   of   the   municipal   infrastructure
maintenance fee imposed upon  a  telecommunications  retailer
under  this  Section shall not exceed: (i)  in a municipality
with a population of more than 500,000,  2.0%  of  all  gross
charges charged by the telecommunications retailer to service
addresses   in   the   municipality   for  telecommunications
originating or received in the municipality; and  (ii)  in  a
municipality  with  a  population of 500,000 or less, 1.0% of
all gross charges charged by the telecommunications  retailer
to    service    addresses    in    the    municipality   for
telecommunications   originating   or   received    in    the
municipality  which  fee,  for  the  period commencing on the
effective date of this amendatory Act  of  the  92nd  General
Assembly  through  December  31, 2002,  may be imposed at the
rates set forth herein without regard to  the  provisions  of
Sections  8-11-2  and 8-11-17 of the Illinois Municipal Code.
If imposed, the municipal  telecommunications  infrastructure
fee must be in 1/4% increments. However, the fee shall not be
imposed  in any case in which the imposition of the fee would
violate the Constitution or statutes of the United States.
    (c)  The municipal telecommunications infrastructure  fee
authorized  by this Section shall be collected, enforced, and
administered as set forth in subsection (c) of Section 25  of
this Act.
    (d)  A  municipality  with  a  population  of  more  than
500,000  that  imposes a municipal infrastructure maintenance
fee under this Section may, by ordinance, exempt from the fee
all charges  for  the  inbound  toll-free  telecommunications
service  commonly  known  as  "800", "877", or "888" or for a
similar service.
    (e)  For the period  from  the  effective  date  of  this
amendatory  Act of the 92nd General Assembly through December
31, 2002, any ordinance previously enacted for the purpose of
imposing a municipal infrastructure maintenance fee shall  be
valid and effective for the purpose of imposing the municipal
infrastructure maintenance fee described in subsection (d) of
Section 5 of this Act.
    (f)  This Section is repealed on January 1, 2003.
(Source:  P.A.  90-154,  eff.  1-1-98; 90-562, eff. 12-16-97;
91-870, eff. 6-22-00.)

    (35 ILCS 635/25)
    Sec. 25. Collection, enforcement, and  administration  of
State telecommunications infrastructure maintenance fees.
    (a)  A  telecommunications  retailer  shall  charge  each
customer  an  additional  charge  equal  to the sum of (1) an
amount equal to  the  State  infrastructure  maintenance  fee
attributable  to  that  customer's service address and (2) an
amount equal to the optional infrastructure maintenance  fee,
if  any,  attributable to that customer's service address and
(3)  an  amount  equal  to   the   municipal   infrastructure
maintenance  fee,  if  any,  attributable  to that customer's
service address.   Such  additional  charge  shall  be  shown
separately on the bill to each customer.
    (b)  The  State  infrastructure  maintenance  fee and the
optional infrastructure maintenance fee shall  be  designated
as  a  replacement for the personal property tax and shall be
remitted by the telecommunications retailer to  the  Illinois
Department   of   Revenue;   provided,   however,   that  the
telecommunications retailer  may  retain  an  amount  not  to
exceed 2% of the State infrastructure maintenance fee and the
optional  infrastructure maintenance fee, if any, paid to the
Department, with a timely paid and  timely  filed  return  to
reimburse   itself   for  expenses  incurred  in  collecting,
accounting for, and remitting the fee.   All  amounts  herein
remitted  to  the  Department  shall  be  transferred  to the
Personal Property Tax Replacement Fund in the State Treasury.
    (c)  The municipal infrastructure maintenance  fee  shall
be   remitted  by  the  telecommunications  retailer  to  the
municipality   imposing    the    municipal    infrastructure
maintenance     fee;     provided,    however,    that    the
telecommunications retailer  may  retain  an  amount  not  to
exceed  2%  of  the  municipal infrastructure maintenance fee
collected by it to reimburse itself for expenses incurred  in
accounting  for  and  remitting  the  fee.   The municipality
imposing the municipal infrastructure maintenance  fee  shall
collect, enforce, and administer the fee.
    (d)  Except  as  provided  in  subsection (e), During any
period of time when a municipality receives any  compensation
other  than  the municipal infrastructure maintenance fee set
forth in Section 20, for a telecommunications retailer's  use
of  the  public  right-of-way,  no  municipal  infrastructure
maintenance  fee may be imposed by such municipality pursuant
to this Act.
    (e)  A  municipality  that,  pursuant  to   a   franchise
agreement  in  existence  on  the effective date of this Act,
receives compensation from a telecommunications retailer  for
the  use  of  the public right of way, may impose a municipal
infrastructure maintenance fee pursuant to this Act  only  on
the  condition that such municipality (1) waives its right to
receive all fees, charges and other  compensation  under  all
existing    franchise    agreements    or   the   like   with
telecommunications  retailers  during  the  time   that   the
municipality  imposes  a municipal infrastructure maintenance
fee and (2) imposes by ordinance (or other  proper  means)  a
municipal   infrastructure   maintenance  fee  which  becomes
effective no sooner than 90 days after such municipality  has
provided   written   notice   by   certified   mail  to  each
telecommunications retailer with whom the municipality has an
existing franchise agreement, that  the  municipality  waives
all compensation under such existing franchise agreement.
(Source:  P.A.  90-154,  eff.  1-1-98; 90-562, eff. 12-16-97;
90-655, eff. 7-30-98.)
    (35 ILCS 635/27)
    Sec.  27.   Returns   by   telecommunications   retailer;
extensions.  Except  as provided hereinafter in this Section,
on  or   before   the   30th   day   of   each   month   each
telecommunications  retailer  maintaining a place of business
in this State shall make a return and payment of fees to  the
Department  for  the  preceding  calendar  month  on  a  form
prescribed  and furnished by the Department. The return shall
be signed by the telecommunications retailer under  penalties
of perjury and shall contain the following information:
         1.  His or her name;
         2.  The  address  of  his  or her principal place of
    business, or and the address of the  principal  place  of
    business  (if  that is a different address) from which he
    or  she  engages  in   the   business   of   transmitting
    telecommunications;
         3.  The total amount of gross charges charged by him
    or  her during the preceding calendar month for providing
    telecommunications during such calendar month;
         4.  The total amount received by him or  her  during
    the preceding calendar month on credit extended;
         5.  Deductions allowed by law;
         6.  Gross  charges  that  were charged by him or her
    during the preceding calendar month and upon the basis of
    which  the  State  infrastructure  maintenance   fee   is
    imposed;
         7.  (Blank)  Gross  charges that were charged by him
    or her during the preceding calendar month and  upon  the
    basis  of  which  the optional infrastructure maintenance
    fee, if any, is imposed for each particular municipality;
         8.  Amounts of fees due;
         9.  Such  other  reasonable   information   as   the
    Department may require.
    If  the  telecommunications  retailer's  average  monthly
liability  to  the  Department  does  not  exceed  $100,  the
Department  may authorize his or her returns to be filed on a
quarter annual basis, with the return for January,  February,
and March of a given year being due by April 15 of such year;
with  the  return  for  April,  May, and June of a given year
being due by July 15 of such year; with the return for  July,
August, and September of a given year being due by October 15
of  such  year; and with the return of October, November, and
December of a given year being  due  by  January  15  of  the
following year.
    Notwithstanding   any   other   provision   of  this  Act
concerning  the  time  within  which   a   telecommunications
retailer  may  file  his  or  her  return, in the case of any
telecommunications retailer who ceases to engage in a kind of
business which  makes  him  or  her  responsible  for  filing
returns  under  this  Act,  such  telecommunications retailer
shall file a final return under this Act with the  Department
not more than one month after discontinuing such business.
    In  making  such  return, the telecommunications retailer
shall determine the value of  any  consideration  other  than
money received by him or her and he or she shall include such
value  in  his  or  her  return.  Such determination shall be
subject to review and  revision  by  the  Department  in  the
manner hereinafter provided for the correction of returns.
    If  any  payment provided for in this Section exceeds the
telecommunications retailer's liabilities under this Act,  as
shown  on  an  original  monthly  return,  the Department may
authorize the  telecommunications  retailer  to  credit  such
excess  payment against liability subsequently to be remitted
to  the  Department  under  this  Act,  in  accordance   with
reasonable   rules   and   regulations   prescribed   by  the
Department. If the Department  subsequently  determines  that
all  or  any part of the credit taken was not actually due to
the  telecommunications  retailer,   the   telecommunications
retailer's  2%  discount  shall  be  reduced  by  2%  of  the
difference  between  the  credit taken and that actually due,
and that telecommunications  retailer  shall  be  liable  for
penalties and interest on such difference.
    If  the  Director finds that the information required for
the  making  of  an  accurate  return  cannot  reasonably  be
compiled by a  telecommunications  retailer  within  15  days
after  the  close of the calendar month for which a return is
to be made, he or she may grant an extension of time for  the
filing  of  such  return  for  a  period  of not to exceed 31
calendar days. The granting  of  such  an  extension  may  be
conditioned   upon  the  deposit  by  the  telecommunications
retailer with the  Department  of  an  amount  of  money  not
exceeding the amount estimated by the Director to be due with
the  return  so  extended.  All  such deposits, including any
heretofore  made  with  the  Department,  shall  be  credited
against the telecommunications retailer's  liabilities  under
this  Act. If any such deposit exceeds the telecommunications
retailer's present and probable future liabilities under this
Act, the Department shall  issue  to  the  telecommunications
retailer  a  credit  memorandum, which may be assigned by the
telecommunications retailer to a  similar  telecommunications
retailer  under this Act, in accordance with reasonable rules
and regulations to be prescribed by the Department.
    Any telecommunications retailer required to make payments
under this Section may make the payments by electronic  funds
transfer.  The  Department  shall  adopt  rules  necessary to
effectuate a program of electronic funds transfer.
(Source: P.A. 90-562, eff. 12-16-97.)

    (35 ILCS 635/27.35)
    Sec.   27.35.   Rules   and   regulations;   notice    to
telecommunications  retailer;  hearings.  The  Department may
make, promulgate,  and  enforce  such  reasonable  rules  and
regulations relating to the administration and enforcement of
only   the  State  infrastructure  maintenance  fee  and  the
optional infrastructure maintenance fee  authorized  by  this
Act.   Such  rules  and  regulations  shall  not apply to the
administration   and    enforcement    of    the    municipal
infrastructure maintenance fee authorized by this Act.
    Whenever  notice  to  a  telecommunications  retailer  is
required  by  this  Act,  such  notice may be given by United
States  certified  or  registered  mail,  addressed  to   the
telecommunications  retailer  concerned  at  his  or her last
known address, and proof of such mailing shall be  sufficient
for  the  purposes  of  this  Act. In the case of a notice of
hearing, such notice shall be mailed not  less  than  7  days
prior to the day fixed for the hearing.
    All  hearings  provided for in this Act with respect to a
telecommunications retailer having his or her principal place
of business other than in Cook County shall be  held  at  the
Department's   office   nearest   to   the  location  of  the
telecommunications retailer's principal  place  of  business:
Provided  that  if the telecommunications retailer has his or
her principal place of business in Cook County, such  hearing
shall  be  held  in Cook County; and provided further that if
the telecommunications retailer does not have  his  principal
place  of business in this State, such hearings shall be held
in Sangamon County.
    Whenever any proceeding provided by  this  Act  has  been
begun  by  the  Department or by a person subject thereto and
such person thereafter dies or becomes a person  under  legal
disability  before  the  proceeding  has  been concluded, the
legal representative of the deceased person or a person under
legal disability shall notify the Department of such death or
legal disability. The legal representative,  as  such,  shall
then be substituted by the Department in place of and for the
person.   Within   20   days   after   notice  to  the  legal
representative of  the  time  fixed  for  that  purpose,  the
proceeding  may  proceed in all respects and with like effect
as though the person had not died or become  a  person  under
legal disability.
(Source: P.A. 90-562, eff. 12-16-97.)

    (35 ILCS 635/30)
    Sec.   30.  Validity   of  existing  franchise  fees  and
agreements.
    (a)  Upon the effective date of this Act,  the  municipal
infrastructure  maintenance  fee authorized by this Act shall
be the only fee or compensation for recovering the reasonable
costs of regulating the use of the public  rights-of-way  and
for  the use of public rights-of-way that may be levied by or
otherwise required by ordinance, resolution, or  contract  to
be  paid  to  a municipality for the use of its public way by
telecommunications retailers.  No new franchise fees or other
charges for the use of the  public  rights-of-way,  including
charges  for  the  recovery of reasonable costs of regulating
the use of the public rights-of-way, shall be  imposed  upon,
levied   on,  or  otherwise  required  of  telecommunications
retailers by ordinance, resolution, or  contract,  nor  shall
any  or other new charges be required from telecommunications
retailers by municipalities from and after the effective date
of this Act.  No telecommunications  retailer  paying  either
the  applicable  municipal  infrastructure maintenance fee or
the optional infrastructure  maintenance  fee  authorized  by
this  Act  may  be denied the use, directly or indirectly, of
the public  way  of  the  municipality  either  imposing  the
municipal  infrastructure  maintenance  fee  or  to which the
optional infrastructure maintenance fee relates, as the  case
may  be,  as  authorized  under  the  Telephone  Company Act.
Nothing in this Act shall excuse any person  or  entity  from
obligations   imposed  under  any  law  concerning  generally
applicable taxes or  standards  for  construction  on,  over,
under,   or   within,   use   of  or  repair  of  the  public
rights-of-way, including standards relating to free  standing
towers  and  other  structures upon the public way, nor shall
any person or entity be excused from any liability imposed by
any such law for the failure to comply  with  such  generally
applicable  taxes  or  standards  governing  construction on,
over, under, or within,  use  of  or  repair  of  the  public
rights-of-way.
    (b)  Agreements  between telecommunications retailers and
municipalities entered into before the effective date of this
Act regarding use of  the  public  ways  shall  remain  valid
according to and for their stated terms, except as to fees or
charges waived under Section 5-60 of the Simplified Municipal
Telecommunications  Tax Act. If, following the effective date
of this Act, such an agreement is renewed automatically or by
agreement of the parties, the compensation or fee  under  the
agreement  shall  be  equal  to  the  maximum  amount  of the
municipal   infrastructure   maintenance   fee   which    the
municipality could impose under Section 20 of this Act.
    (c)  The  regulation  of  the  terms  and conditions upon
which poles, conduits, and other facilities  located  in  the
public  way  may  be  shared by or between telecommunications
retailers shall be committed exclusively to the  jurisdiction
of   the   Illinois   Commerce  Commission  and  the  Federal
Communications Commission, and such regulation shall  not  be
among  the  home  rule  powers  and  functions  described  in
subsection  (h)  of  Section 6 of Article VII of the Illinois
Constitution.  Moreover, no municipality may enter  into  any
contract or agreement with a telecommunications retailer with
respect  to  the  terms  and  conditions  upon  which  poles,
conduits,  and other facilities located in the public way may
be shared by or between telecommunications retailers.
(Source: P.A. 90-154, eff. 1-1-98.)
    (35 ILCS 635/35)
    Sec. 35.  Home rule.  The authorization of infrastructure
maintenance fees and other fees relating to the  use  of  the
public  right-of-way  for telecommunications activity imposed
upon telecommunications retailers is an exclusive  power  and
function  of  the  State.   A  home rule municipality may not
impose  franchise  or  other  fees  upon  or  require   other
compensation from telecommunications retailers for use of the
public   way,   other   than   the  municipal  infrastructure
maintenance fee authorized by this Act.  This Act is a denial
and limitation of municipal home rule  powers  and  functions
under  subsection  (g) (h) of Section 6 of Article VII of the
Illinois Constitution.
(Source: P.A. 90-154, eff. 1-1-98.)

    Section 90-20.  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)
    (Text of Section before amendment by P.A. 92-474)
    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     the    Simplified    Municipal
Telecommunications Tax Act 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).  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. The "service address" shall mean the location
of the primary use of the network connection or  connections.
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.)

    (Text of Section after amendment by P.A. 92-474)
    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     the     Simplified     Municipal
Telecommunications  Tax  Act  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. 92-474, eff. 8-1-02.)

    Section 90-22.  The Wireless Emergency  Telephone  Safety
Act is amended by changing Sections 17 and 45 as follows:
    (50 ILCS 751/17)
    (Section scheduled to be repealed on April 1, 2005)
    Sec. 17.  Wireless carrier surcharge.
    (a)  Except  as  provided  in  Section  45, each wireless
carrier shall impose a monthly wireless carrier surcharge per
CMRS connection that either has a telephone number within  an
area   code  assigned  to  Illinois  by  the  North  American
Numbering Plan Administrator or has a billing address in this
State.   No  wireless  carrier  shall  impose  the  surcharge
authorized by this Section upon any subscriber who is subject
to the surcharge  imposed  by  a  unit  of  local  government
pursuant  to  Section  45. The wireless carrier that provides
wireless  service  to  the  subscriber  shall   collect   the
surcharge  set  by the Wireless Enhanced 9-1-1 Board from the
subscriber. For mobile telecommunications  services  provided
on and after August 1, 2002, any surcharge imposed under this
Act  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.   The surcharge shall be stated as a  separate  item  on
the  subscriber's  monthly  bill.  The wireless carrier shall
begin collecting the surcharge on bills issued within 90 days
after the Wireless Enhanced  9-1-1  Board  sets  the  monthly
wireless surcharge.  State and local taxes shall not apply to
the wireless carrier surcharge.
    (b)  Except as provided in Section 45, a wireless carrier
shall,  within  45 days of collection, remit, either by check
or by electronic funds transfer, to the State  Treasurer  the
amount  of the wireless carrier surcharge collected from each
subscriber.  Of the amounts remitted under  this  subsection,
the State Treasurer shall deposit one-third into the Wireless
Carrier  Reimbursement  Fund and two-thirds into the Wireless
Service Emergency Fund.
    (c)  The first such remittance by wireless carriers shall
include the number of customers by zip code, and the  9-digit
zip  code if currently being used or later implemented by the
carrier, that shall be the means by which the  Department  of
Central  Management  Services  shall  determine distributions
from the Wireless Service Emergency Fund.   This  information
shall  be  updated  no  less often than every year.  Wireless
carriers are not required to remit surcharge moneys that  are
billed to subscribers but not yet collected.
(Source: P.A. 91-660, eff. 12-22-99.)

    (50 ILCS 751/45)
    (Section scheduled to be repealed on April 1, 2005)
    Sec.    45.    Continuation    of    current   practices.
Notwithstanding any other provision of this Act,  a  unit  of
local   government   or   emergency  telephone  system  board
providing wireless 9-1-1 service and imposing and  collecting
a  wireless  carrier  surcharge  prior  to  July  1, 1998 may
continue  its  practices  of  imposing  and  collecting   its
wireless  carrier  surcharge,  but  in  no  event  shall that
monthly surcharge exceed $1.25 per  commercial  mobile  radio
service  (CMRS)  connection  or  in-service  telephone number
billed on a  monthly  basis.  For  mobile  telecommunications
services  provided on and after August 1, 2002, any surcharge
imposed 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.
(Source: P.A. 91-660, eff. 12-22-99.)

    Section 90-25.  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)
    (Text of Section before amendment by P.A. 92-474)
    Sec.    8-11-2.  The   corporate   authorities   of   any
municipality may tax any or all of the following  occupations
or privileges:
         1.  (Blank).  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
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.)

    (Text of Section after amendment by P.A. 92-474)
    Sec.   8-11-2.  The   corporate   authorities   of    any
municipality  may tax any or all of the following occupations
or privileges:
         1.  (Blank). 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 is within those
corporate limits.
    (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. 91-870, eff. 6-22-00; 92-474, eff. 8-1-02.)

    Section 90-30.  The Illinois Municipal Code is amended by
changing Section 8-11-17 as follows:

    (65 ILCS 5/8-11-17) (from Ch. 24, par. 8-11-17)
    Sec. 8-11-17.  Municipal telecommunications tax.
    (a)  Beginning on the effective date of  this  amendatory
Act of 1991, the corporate authorities of any municipality in
this  State  may  tax  any  or  all  of the following acts or
privileges:
         (1)  The act or privilege  of  originating  in  such
    municipality or receiving in such municipality intrastate
    telecommunications by a person at a rate not to exceed 5%
    of the gross charge for such telecommunications purchased
    at  retail from a retailer by such person.  However, such
    tax is not imposed on such act or privilege to the extent
    such act or privilege may not, under the Constitution and
    statutes of the United States, be  made  the  subject  of
    taxation by municipalities in this State.
         (2)  The  act  or  privilege  of originating in such
    municipality or receiving in such municipality interstate
    telecommunications by a person at a rate not to exceed 5%
    of the gross charge for such telecommunications purchased
    at retail from a retailer by  such  person.   To  prevent
    actual  multi-state taxation of the act or privilege that
    is  subject  to  taxation  under  this   paragraph,   any
    taxpayer,  upon proof that the taxpayer has paid a tax in
    another state on such event, shall be  allowed  a  credit
    against   any   tax  enacted  pursuant  to  an  ordinance
    authorized by this paragraph to the extent of the  amount
    of  such  tax  properly  due and paid in such other state
    which was not previously allowed as a credit against  any
    other  state  or  local tax in this State.  However, such
    tax is not imposed on the act or privilege to the  extent
    such act or privilege may not, under the Constitution and
    statutes  of  the  United  States, be made the subject of
    taxation by municipalities in this State.
         (3)  The taxes authorized by paragraphs (1) and  (2)
    of  subsection  (a) of this Section may only be levied if
    such  municipality  does  not  then  have  in  effect  an
    occupation tax imposed on persons engaged in the business
    of transmitting  messages  by  means  of  electricity  as
    authorized  by  Section  8-11-2 of the Illinois Municipal
    Code.
    (b)  The  tax  authorized  by  this  Section   shall   be
collected from the taxpayer by a retailer maintaining a place
of business in this State and making or effectuating the sale
at  retail  and  shall  be  remitted  by such retailer to the
municipality.  Any tax required to be collected  pursuant  to
an  ordinance  authorized  by  this  Section and any such tax
collected by such retailer shall constitute a  debt  owed  by
the  retailer  to  such municipality. Retailers shall collect
the tax from the taxpayer by adding  the  tax  to  the  gross
charge  for  the act or privilege of originating or receiving
telecommunications  when  sold  for  use,   in   the   manner
prescribed  by  the municipality.  The tax authorized by this
Section shall constitute a  debt  of  the  purchaser  to  the
retailer  who  provides such taxable services until paid and,
if unpaid, is recoverable at law in the same  manner  as  the
original  charge  for such taxable services.  If the retailer
fails to collect the tax from the taxpayer, then the taxpayer
shall be required to pay the tax directly to the municipality
in the manner provided by the municipality.  The municipality
imposing the tax shall provide  for  its  administration  and
enforcement.
    Beginning  January  1, 1994, retailers filing tax returns
pursuant to this Section shall, at the time  of  filing  such
return, pay to the municipality the amount of the tax imposed
by  this Section, less a commission of 1.75% which is allowed
to reimburse  the  retailer  for  the  expenses  incurred  in
keeping  records,  billing the customer, preparing and filing
returns,  remitting  the  tax  and  supplying  data  to   the
municipality  upon request. No commission may be claimed by a
retailer for tax not timely remitted to the municipality.
    Whenever possible, the tax  authorized  by  this  Section
shall,  when collected, be stated as a distinct item separate
and apart from the gross charge for telecommunications.
    (c)  For the purpose of  the  taxes  authorized  by  this
Section:
         (1)  "Amount  paid"  means the amount charged to the
    taxpayer's   service   address   in   such   municipality
    regardless of where such amount is billed or paid.
         (2)  "Gross charge" means the amount  paid  for  the
    act    or   privilege   of   originating   or   receiving
    telecommunications  in  such  municipality  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.
    However, "gross charge" shall not include:
              (A)  any  amounts  added  to a purchaser's bill
         because of a charge made pursuant to:  (i)  the  tax
         imposed  by  this  Section,  (ii) additional charges
         added to a purchaser's   bill  pursuant  to  Section
         9-222  of  the  Public  Utilities Act, (iii) the tax
         imposed by the Telecommunications Excise Tax Act, or
         (iv) the tax imposed by Section 4251 of the Internal
         Revenue Code;
              (B)  charges     for     a     sent     collect
         telecommunication   received   outside    of    such
         municipality;
              (C)  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;
              (D)  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;
              (E)  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;
              (F)  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 Section
         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;
              (G)  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);
              (H)  charges  paid  by   inserting   coins   in
         coin-operated telecommunication devices; or
              (I)  amounts    paid    by   telecommunications
         retailers  under  the  Telecommunications  Municipal
         Infrastructure Maintenance Fee Act.
         (3)  "Interstate   telecommunications"   means   all
    telecommunications that  either  originate  or  terminate
    outside this State.
         (4)  "Intrastate   telecommunications"   means   all
    telecommunications  that  originate  and terminate within
    this State.
         (5)  "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.
         (6)  "Purchase  at  retail"  means  the acquisition,
    consumption or use of telecommunications through  a  sale
    at retail.
         (7)  "Retailer"  means  and  includes  every  person
    engaged  in  the  business  of  making sales at retail as
    defined in this Section.   A  municipality  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  municipality,  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 such municipality
    in the same manner and subject to the  same  requirements
    as a retailer maintaining a place of business within such
    municipality.
         (8)  "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.
         (9)  "Sale  at  retail"  means   the   transmitting,
    supplying  or  furnishing  of  telecommunications and all
    services  rendered  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,  when  the  tax  has already been paid to a
    retailer  and  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 resale.
         (10)  "Service   address"   means  the  location  of
    telecommunications       equipment       from       which
    telecommunications services are originated  or  at  which
    telecommunications  services  are received by a taxpayer.
    For periods prior to August 1, 2002, if  this  is  not  a
    defined location, as in the case of mobile phones, paging
    systems,  maritime systems, air-to-ground systems and the
    like, "service address" shall  mean  the  location  of  a
    taxpayer's primary use of the telecommunication equipment
    as  defined  by  telephone number, authorization code, or
    location in Illinois where bills are sent. For periods on
    and after August 1,  2002,  if  this  is  not  a  defined
    location,  as  in  the  case  of  mobile  phones,  paging
    systems,  and maritime systems, service address means the
    customer's place of primary use as defined in the  Mobile
    Telecommunications   Sourcing  Conformity  Act,  and  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.
         (11)  "Taxpayer"  means a person who individually or
    through his agents, employees, or permittees  engages  in
    the  act or privilege of originating in such municipality
    or receiving in such municipality telecommunications  and
    who incurs a tax liability under any ordinance authorized
    by this Section.
         (12)  "Telecommunications", in addition to the usual
    and  popular  meaning,  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;  cellular  mobile  telecommunications
    service,  specialized  mobile  radio   services,   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.
    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
    purchase 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
    used as a component of, or  integrated  into,  end-to-end
    telecommunications  service shall be non-taxable as sales
    for resale. 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.
    (d)  If    a   person,   who   originates   or   receives
telecommunications  in  such  municipality  claims  to  be  a
reseller of such telecommunications, such person shall  apply
to  the  municipality  for  a  resale number.  Such applicant
shall state facts which will show the municipality  why  such
applicant   is   not  liable  for  tax  under  any  ordinance
authorized by this Section on any of such purchases and shall
furnish such additional information as the  municipality  may
reasonably require.
    Upon  approval of the application, the municipality shall
assign a resale number to the  applicant  and  shall  certify
such  number  to  the applicant.  The municipality may cancel
any number which is obtained  through  misrepresentation,  or
which  is  used  to  send  or  receive such telecommunication
tax-free when such actions in fact are  not  for  resale,  or
which  no  longer  applies  because  of  the  person's having
discontinued the making of resales.
    Except as provided hereinabove in this Section,  the  act
or  privilege  of  sending or receiving telecommunications in
this State shall not be made tax-free on the ground of  being
a  sale  for  resale  unless  the person has an active resale
number from the municipality and furnishes that number to the
retailer in connection with certifying to the  retailer  that
any  sale  to  such  person is non-taxable because of being a
sale for resale.
    (e)  A   municipality    that    imposes    taxes    upon
telecommunications  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.
    (f)  A    municipality    that    imposes    taxes   upon
telecommunications under this Section may, by ordinance,  (i)
reduce  the  rate  of  the tax for persons 65 years of age or
older or (ii) exempt persons 65 years of age  or  older  from
those  taxes.   Taxes  related  to  such  rate  reductions or
exemptions shall be rebated from the municipality directly to
persons qualified for the  rate  reduction  or  exemption  as
determined by the municipality's ordinance.
    (g)  A  municipality  with  a  population  of  more  than
500,000  that  imposes  a  tax  under  this  Section  may, by
ordinance, exempt from the tax all charges  for  the  inbound
toll-free telecommunications service commonly known as "800",
"877", or "888" or for a similar service.
    (h)  This Section is repealed on January 1, 2003.
(Source:  P.A.  90-357,  eff.  1-1-98; 90-562, eff. 12-16-97;
91-870, eff. 6-22-00.)

    Section 90-35.  The Public Utilities Act  is  amended  by
changing Sections 2-202 and 13-511 as follows:

    (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
    Sec. 2-202.  Policy; Public Utility Fund; tax.
    (a)  It is declared to be the public policy of this State
that in order to maintain and foster the effective regulation
of  public  utilities  under this Act in the interests of the
People of the State of Illinois and the public  utilities  as
well,  the  public utilities subject to regulation under this

Act and which enjoy the  privilege  of  operating  as  public
utilities   in   this   State,  shall  bear  the  expense  of
administering this Act by means of a tax  on  such  privilege
measured by the annual gross revenue of such public utilities
in  the manner provided in this Section. For purposes of this
Section, "expense of administering  this  Act"  includes  any
costs  incident to studies, whether made by the Commission or
under contract entered into  by  the  Commission,  concerning
environmental  pollution problems caused or contributed to by
public utilities and the means  for  eliminating  or  abating
those  problems.  Such  proceeds  shall  be  deposited in the
Public Utility Fund in the State treasury.
    (b)  All of the ordinary and contingent expenses  of  the
Commission  incident  to the administration of this Act shall
be  paid  out  of  the  Public  Utility   Fund   except   the
compensation  of the members of the Commission which shall be
paid from the General  Revenue  Fund.  Notwithstanding  other
provisions  of  this  Act  to  the contrary, the ordinary and
contingent  expenses  of  the  Commission  incident  to   the
administration  of the Illinois Commercial Transportation Law
may be paid from appropriations from the Public Utility  Fund
through the end of fiscal year 1986.
    (c)  A tax is imposed upon each public utility subject to
the provisions of this Act equal to .08% of its gross revenue
for  each  calendar  year  commencing  with the calendar year
beginning January 1, 1982, except that the Commission may, by
rule, establish a different rate no greater  than  0.1%.  For
purposes  of  this Section, "gross revenue" shall not include
revenue  from  the  production,  transmission,  distribution,
sale, delivery, or furnishing of electricity. "Gross revenue"
shall  not  include  amounts   paid   by   telecommunications
retailers     under    the    Telecommunications    Municipal
Infrastructure Maintenance Fee Act.
    (d)  Annual gross  revenue  returns  shall  be  filed  in
accordance with paragraph (1) or (2) of this subsection (d).
         (1)  Except  as  provided  in  paragraph (2) of this
    subsection (d), on or before January 10 of each year each
    public utility subject to  the  provisions  of  this  Act
    shall  file with the Commission an estimated annual gross
    revenue return containing an estimate of  the  amount  of
    its  gross  revenue  for  the  calendar  year  commencing
    January  1  of said year and a statement of the amount of
    tax due for said calendar  year  on  the  basis  of  that
    estimate.  Public utilities may also file revised returns
    containing  updated  estimates and updated amounts of tax
    due during the calendar year. These revised  returns,  if
    filed,  shall  form  the basis for quarterly payments due
    during the remainder of the calendar year.  In  addition,
    on  or  before March 31 of each year, each public utility
    shall file an amended return showing the actual amount of
    gross revenues shown by the company's books  and  records
    as  of  December  31  of  the  previous  year.  Forms and
    instructions for such  estimated,  revised,  and  amended
    returns shall be devised and supplied by the Commission.
         (2)  Beginning  with  returns  due  after January 1,
    2002,  the  requirements  of  paragraph   (1)   of   this
    subsection  (d)  shall not apply to any public utility in
    any calendar year for which  the  total  tax  the  public
    utility  owes  under  this  Section is less than $10,000.
    For such public utilities with respect to such years, the
    public utility shall file  with  the  Commission,  on  or
    before  March  31  of the following year, an annual gross
    revenue return for the year and a statement of the amount
    of  tax due for that year on the basis of such a  return.
    Forms  and  instructions  for  such returns and corrected
    returns shall be devised and supplied by the Commission.
    (e)  All returns submitted to the Commission by a  public
utility  as provided in this subsection (e) or subsection (d)
of this Section shall contain or be  verified  by  a  written
declaration  by  an appropriate officer of the public utility
that the return is made under the penalties of  perjury.  The
Commission  may  audit  each  such  return submitted and may,
under the provisions of Section 5-101 of this Act, take  such
measures as are necessary to ascertain the correctness of the
returns submitted. The Commission has the power to direct the
filing  of  a corrected return by any utility which has filed
an incorrect return and to direct the filing of a  return  by
any   utility  which  has  failed  to  submit  a  return.   A
taxpayer's signing a fraudulent return under this Section  is
perjury,  as  defined in Section 32-2 of the Criminal Code of
1961.
    (f)  (1)  For all public utilities subject  to  paragraph
(1)  of  subsection  (d),  at least one quarter of the annual
amount of tax due under subsection (c) shall be paid  to  the
Commission  on  or  before  the  tenth day of January, April,
July, and October of the calendar year subject  to  tax.   In
the  event that an adjustment in the amount of tax due should
be necessary as a result of  the  filing  of  an  amended  or
corrected  return  under  subsection (d) or subsection (e) of
this Section, the amount of any deficiency shall be  paid  by
the  public  utility  together  with the amended or corrected
return and the amount of any excess shall, after  the  filing
of  a  claim for credit by the public utility, be returned to
the public utility in the form of a credit memorandum in  the
amount of such excess or be refunded to the public utility in
accordance  with  the  provisions  of  subsection (k) of this
Section.  However, if such deficiency or excess is less  than
$1,  then  the public utility need not pay the deficiency and
may not claim a credit.
    (2)  Any public  utility  subject  to  paragraph  (2)  of
subsection  (d)  shall  pay  the  amount  of  tax  due  under
subsection  (c)  on or before March 31 next following the end
of the calendar year subject to tax.  In the  event  that  an
adjustment  in the amount of tax due should be necessary as a
result of the filing of a corrected return  under  subsection
(e), the amount of any deficiency shall be paid by the public
utility at the time the corrected return is filed. Any excess
tax  payment  by  the  public utility shall be returned to it
after the filing of a claim for credit,  in  the  form  of  a
credit  memorandum  in the amount of the excess.  However, if
such deficiency or excess is less than $1, the public utility
need not pay the deficiency and may not claim a credit.
    (g)  Each installment or  required  payment  of  the  tax
imposed  by  subsection (c) becomes delinquent at midnight of
the date that it  is  due.  Failure  to  make  a  payment  as
required  by this Section shall result in the imposition of a
late payment penalty, an underestimation penalty, or both, as
provided by this subsection.  The late payment penalty  shall
be the greater of:
         (1)  $25  for  each month or portion of a month that
    the installment or required payment is unpaid or
         (2)  an amount equal to the difference between  what
    should  have  been  paid  on the due date, based upon the
    most recently filed estimated, annual, or amended return,
    and what was actually paid, times 1%, for each  month  or
    portion  of  a  month  that  the  installment or required
    payment goes unpaid.  This penalty  may  be  assessed  as
    soon  as  the  installment  or  required  payment becomes
    delinquent.
    The underestimation penalty shall apply to  those  public
utilities  subject  to  paragraph  (1)  of subsection (d) and
shall be calculated after the filing of the  amended  return.
It shall be imposed if the amount actually paid on any of the
dates  specified  in  subsection (f) is not equal to at least
one-fourth of the amount actually due for the year, and shall
equal the greater of:
         (1)  $25 for each month or portion of a  month  that
    the amount due is unpaid or
         (2)  an  amount equal to the difference between what
    should have been paid, based on the amended  return,  and
    what  was  actually  paid  as  of  the  date specified in
    subsection (f), times a percentage equal to 1/12  of  the
    sum  of  10% and the percentage most recently established
    by the Commission for interest to  be  paid  on  customer
    deposits  under  83 Ill. Adm. Code 280.70(e)(1), for each
    month or portion of a month  that  the  amount  due  goes
    unpaid,  except  that no underestimation penalty shall be
    assessed if the amount actually paid on or before each of
    the dates specified in subsection (f)  was  based  on  an
    estimate  of  gross revenues at least equal to the actual
    gross revenues for the previous year. The Commission  may
    enforce  the  collection of any delinquent installment or
    payment, or portion thereof by legal  action  or  in  any
    other  manner  by  which  the collection of debts due the
    State of Illinois may be enforced under the laws of  this
    State.  The executive director or his designee may excuse
    the payment of an assessed penalty or  a  portion  of  an
    assessed   penalty   if   he   determines  that  enforced
    collection of the penalty as assessed would be unjust.
    (h)  All sums  collected  by  the  Commission  under  the
provisions  of  this Section shall be paid promptly after the
receipt of the same,  accompanied  by  a  detailed  statement
thereof, into the Public Utility Fund in the State treasury.
    (i)  During  the  month  of  October of each odd-numbered
year the Commission shall:
         (1)  determine the amount of all moneys deposited in
    the Public  Utility  Fund  during  the  preceding  fiscal
    biennium  plus  the  balance, if any, in that fund at the
    beginning of that biennium;
         (2)  determine the sum total of the following items:
    (A)   all   moneys   expended   or   obligated    against
    appropriations  made  from the Public Utility Fund during
    the preceding fiscal biennium, plus (B) the  sum  of  the
    credit  memoranda  then  outstanding  against  the Public
    Utility Fund, if any; and
         (3)  determine the amount, if any, by which the  sum
    determined  as  provided  in  item (1) exceeds the amount
    determined as provided in item (2).
    If the amount determined as provided in item (3) of  this
subsection  exceeds  $5,000,000,  the  Commission  shall then
compute the proportionate amount, if any, which (x)  the  tax
paid hereunder by each utility during the preceding biennium,
and  (y)  the amount paid into the Public Utility Fund during
the preceding biennium by the Department of Revenue  pursuant
to  Sections  2-9 and 2-11 of the Electricity Excise Tax Law,
bears to the difference  between  the  amount  determined  as
provided  in  item (3) of this subsection (i) and $5,000,000.
The  Commission  shall   cause   the   proportionate   amount
determined   with   respect   to   payments  made  under  the
Electricity Excise Tax Law to be transferred into the General
Revenue Fund in the State Treasury, and  notify  each  public
utility  that it may file during the 3 month period after the
date of notification a claim for credit for the proportionate
amount determined with respect to payments made hereunder  by
the  public utility. If the proportionate amount is less than
$10, no notification will be sent by the Commission,  and  no
right to a claim exists as to that amount. Upon the filing of
a claim for credit within the period provided, the Commission
shall issue a credit memorandum in such amount to such public
utility. Any claim for credit filed after the period provided
for in this Section is void.
    (j)  Credit  memoranda  issued pursuant to subsection (f)
and credit memoranda issued  after  notification  and  filing
pursuant  to  subsection  (i)  may  be applied for the 2 year
period from the date of issuance, against the payment of  any
amount  due  during  that  period  under  the  tax imposed by
subsection  (c),  or,  subject  to  reasonable  rule  of  the
Commission including  requirement  of  notification,  may  be
assigned  to  any  other public utility subject to regulation
under this Act. Any application of credit memoranda after the
period provided for in this Section is void.
    (k)  The chairman or executive director may  make  refund
of  fees,  taxes or other charges whenever he shall determine
that the person or public utility  will  not  be  liable  for
payment  of  such  fees,  taxes or charges during the next 24
months and he  determines  that  the  issuance  of  a  credit
memorandum would be unjust.
(Source: P.A. 92-11, eff. 6-11-01; 92-22, eff. 6-30-01.)

    (220 ILCS 5/13-511)
    (Section scheduled to be repealed on July 1, 2005)
    Sec. 13-511.  Telecommunications Municipal Infrastructure
Maintenance  Fee  Act; rate adjustments.  With respect to any
telecommunications retailer that is regulated by the Illinois
Commerce Commission, the Commission  shall  order  such  rate
adjustments   as  shall  be  necessary  to  assure  that  the
implementation   of    the    Telecommunications    Municipal
Infrastructure  Maintenance Fee Act, including the payment of
the   State   infrastructure   maintenance   fee,    optional
infrastructure  maintenance fee, and municipal infrastructure
maintenance fee, if any, net of (1) the  termination  of  any
fee,  license  fee,  rent,  or  lease  payment subject to the
Telecommunications Municipal Infrastructure  Maintenance  Fee
Act,  and  (2) the repeal of any invested capital tax subject
to   the    Telecommunications    Municipal    Infrastructure
Maintenance  Fee Act, shall have no significant impact on the
net  income  of  each   such   telecommunications   retailer.
Beginning  with  the effective date of the Telecommunications
Municipal  Infrastructure  Maintenance  Fee  Act,  each  such
telecommunications retailer shall maintain such  records  and
accounts  as will enable the Commission to make such findings
and determinations as are necessary to such order.
(Source: P.A. 90-154, eff. 1-1-98.)

    Section 90-40.  The Telephone Company Act is  amended  by
changing Section 4 as follows:

    (220 ILCS 65/4) (from Ch. 134, par. 20)
    Sec.  4. Right of condemnation.  Every telecommunications
telecommunciations    carrier    as    defined     in     the
Telecommunications  Municipal  Infrastructure Maintenance Fee
Act may, when it shall be  necessary  for  the  construction,
maintenance,     alteration     or     extension    of    its
telecommunications system, or any part thereof,  enter  upon,
take  or  damage  private property in the manner provided for
in, and the compensation therefor shall  be  ascertained  and
made in conformity to the provisions of the Telegraph Act and
every  telecommunications carrier is authorized to construct,
maintain, alter  and  extend  its  poles,  wires,  and  other
appliances  as  a  proper use of highways, along, upon, under
and across any highway, street,  alley,  public  right-of-way
dedicated  or commonly used for utility purposes, or water in
this State, but so as not to incommode the public in the  use
thereof:  Provided,  that nothing in this act shall interfere
with the control now vested in cities, incorporated towns and
villages in relation to the regulation of the  poles,  wires,
cables  and  other  appliances, and provided, that before any
such lines shall  be  constructed  along  any  such  highway,
street, alley, public right-of-way dedicated or commonly used
for  utility  purposes,  or water it shall be the duty of the
telecommunications carrier proposing to  construct  any  such
line,   to  give  (in  the  case  of  cities,  villages,  and
incorporated towns)  to  the  corporate  authorities  of  the
municipality   or  their  designees  (hereinafter,  municipal
corporate authorities) or (in other  cases)  to  the  highway
commissioners  having  jurisdiction and control over the road
or part thereof along and over which such line is proposed to
be constructed, notice in  writing  in  the  form  of  plans,
specifications,   and   documentation   of  the  purpose  and
intention of the company to  construct  such  line  over  and
along   the   highway,  street,  alley,  public  right-of-way
dedicated or commonly used for utility  purposes,  or  water,
which notice shall be served at least 10 days before the line
shall  be  placed  or constructed over and along the highway,
street, alley, public right-of-way dedicated or commonly used
for utility purposes, or water (30 days in the  case  of  any
notice  providing for excavation relating to new construction
in a  public  highway,  street,  alley,  public  right-of-way
dedicated  or  commonly used for utility purposes, or water);
and upon the giving of the notice it shall be the duty of the
municipal corporate authorities or the highway  commissioners
to specify the portion of such highway, street, alley, public
right-of-way dedicated or commonly used for utility purposes,
or  water  upon  which  the  line  may  be  placed, used, and
constructed, and it  shall  thereupon  be  the  duty  of  the
telecommunications   retailer   to   provide   the  municipal
authorities or highway commissioners with any and all  plans,
specifications,  and documentation available and to construct
its line in accordance with such specifications; but  in  the
event that the municipal corporate authorities or the highway
commissioners  fail  to  provide such specification within 10
days after the service of such notice, (25 days in  the  case
of   excavation   relating  to  new  construction)  then  the
telecommunications  retailer,  without   such   specification
having  been  made,  may  proceed to place and erect its line
along  the  highway,  street,  alley,   public   right-of-way
dedicated  or commonly used for utility purposes, or water by
placing its posts, poles and abutments so as not to interfere
with other proper uses of the highway, street, alley,  public
right-of-way dedicated or commonly used for utility purposes,
or   water.   The  telecommunications  carrier  proposing  to
construct any such line shall comply with the  provisions  of
Section  9-113  of  the Illinois Highway Code. Provided, that
the telecommunications carrier shall not have  the  right  to
condemn  any  portion  of  the  right-of-way  of any railroad
company except as much thereof as is necessary to  cross  the
same.
    The  Illinois  Commerce  Commission  may adopt reasonable
rules governing the negotiation procedures that are used by a
telecommunications     carrier     during     precondemnation
negotiations for the purchase  of    land  rights-of-way  and
easements,  including procedures for providing information to
the public and affected landowners concerning the project and
the right-of-way easements sought in connection therewith.
    Such  rules  may  be  made  applicable   to   interstate,
competitive    intrastate   and   noncompetitive   intrastate
facilities, without regard to whether such facilities or  the
telecommunications carrier proposing to construct and operate
them  would  otherwise  be  subject  to the Illinois Commerce
Commission's jurisdiction under The Public Utilities Act,  as
now  or  hereafter amended. However, as to facilities used to
provide  exclusively  interstate  services   or   competitive
intrastate  services or both, nothing in this Section confers
any power upon the Commission (i) to require  the  disclosure
of  proprietary, competitively sensitive, or cost information
or information not known to the  telecommunications  carrier,
(ii)  to  determine  whether,  or  conduct hearings regarding
whether, any proposed fiber optic or other facilities  should
or  should  not  be  constructed  and  operated,  or (iii) to
determine or specify, or  conduct  hearings  concerning,  the
price  or  other  terms  or conditions of the purchase of the
right-of-way easements sought.  With  respect  to  facilities
used  to  provide  any  intrastate services classified in the
condemnor's tariff as noncompetitive under Section 13-502  of
The  Public  Utilities  Act,  the rulemaking powers conferred
upon the Commission under this Section are in addition to any
rulemaking powers arising under The Public Utilities Act.
    No telecommunications carrier shall exercise the power to
condemn private property until  it  has  first  substantially
complied  with such rules with respect to the property sought
to be condemned.  If such rules call for providing notice  or
information  before  or  during  negotiations,  a  failure to
provide such notice or information  shall  not  constitute  a
waiver  of  the  rights  granted  in  this  Section,  but the
telecommunications carrier shall be liable for all reasonable
attorney's  fees  of  that  landowner  resulting  from   such
failure.
(Source: P.A. 90-154, eff. 1-1-98.)

                         ARTICLE 95

    Section 95-95.  No acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text  that  is not yet or no longer in effect (for example, a
Section represented by multiple versions), the  use  of  that
text  does  not  accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived  from
any other Public Act.

                         ARTICLE 99

    Section  99-99.   Effective date. Article 99 of this Act,
Article 95 of this Act, and the changes made in this  Act  to
Sections   5  and  20  of  the  Telecommunications  Municipal
Infrastructure Maintenance Fee Act take effect upon  becoming
law.  Article 5 and Sections 90-22 and 90-30 of this Act take
effect  on July 1, 2002.  Sections 90-5, 90-10, 90-20, 90-25,
90-35, and 90-40 of this Act and the changes made in this Act
to Sections 1, 10, 15, 25,  27,  27.35,  30  and  35  of  the
Telecommunications  Municipal  Infrastructure Maintenance Fee
Act take effect on January 1, 2003.
    Passed in the General Assembly November 28, 2001.
    Approved February 08, 2002.
    Effective February 08, 2002.
    Effective July 02, 2002.
    Effective January 01, 2003.

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