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92nd General Assembly

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Public Act 92-0602

HB6012 Enrolled                               LRB9214226SMdvA

    AN ACT concerning taxation.

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

    Section  5.  The  Simplified Municipal Telecommunications
Tax Act is amended by adding Section 5-42 as follows:

    (35 ILCS 636/5-42 new)
    Sec.  5-42.  Procedure   for   determining   proper   tax
jurisdiction.
    (a)  Tax   jurisdiction   information   provided   by   a
municipality  upon  written request from a telecommunications
retailer.   For   purposes   of    this    subsection    (a),
"telecommunications  retailer"  does  not  include  retailers
providing Commercial Mobile Radio Service as the term is used
in the Mobile Telecommunications Sourcing Act.
         (1)  A  municipality  may  provide,  within  30 days
    following  receipt  of   a   written   request   from   a
    telecommunications retailer, the following:
              (A)  A  list containing each street name, known
         street name aliases, street address  number  ranges,
         applicable  directionals,  and  zip codes associated
         with each street  name,  for  all  street  addresses
         located  within  the  municipality.  For  a range of
         street address numbers located within a municipality
         that consists only of odd or  even  street  numbers,
         the  list must specify whether the street numbers in
         the range  are  odd  or  even.  The  list  shall  be
         alphabetical,  except that numbered streets shall be
         in numerical sequence.
              (B)  A list containing each postal zip code and
         all the city names associated therewith for all  zip
         codes  assigned to geographic areas located entirely
         within  the  municipality,   including   zip   codes
         assigned to rural route boxes.
              (C)  A  sequential  list  containing  all rural
         route box number ranges and the city names  and  zip
         codes  associated  therewith,  for  all  rural route
         boxes located within the municipality,  except  that
         rural  route  boxes  with  postal zip codes entirely
         within the municipality that  are  included  on  the
         list  furnished  under  paragraph  (B)  need  not be
         duplicated.
              (D)  The lists shall be printed. If a  list  is
         available   through  another  medium,  however,  the
         municipality shall, upon request, furnish  the  list
         through such medium in addition to or in lieu of the
         printed lists. The municipality shall be responsible
         for  updating  the  lists  as  changes occur and for
         furnishing     this     information      to      all
         telecommunications   retailers   affected   by   the
         changes.  Each  update  shall  specify  an effective
         date, which shall be the  next  ensuing  January  1,
         April 1, July 1, or October 1; shall be furnished to
         the  telecommunications  retailer  not  less than 60
         days prior to the effective date; and shall identify
         the additions, deletions, and other changes  to  the
         preceding version of the list. If the information is
         received  less  than  60 days prior to the effective
         date of the change, the telecommunications  retailer
         has  until the next ensuing January 1, April 1, July
         1, or October 1 to make the appropriate changes.
         Nothing in  this  subsection  (a)  shall  prevent  a
    municipality from providing a telecommunications retailer
    with the information set forth in this subdivision (a)(1)
    in   the   absence   of   a   written  request  from  the
    telecommunications retailer.
         (2)  The  telecommunications   retailer   shall   be
    responsible for charging the tax to the service addresses
    contained in the lists requested under subdivision (a)(1)
    that  include  all  of  the  elements  required  by  this
    Section. If a service address is not included in the list
    or   if  no  list  is  provided,  the  telecommunications
    retailer shall be  held  harmless  from  situsing  errors
    provided  it  uses a reasonable methodology to assign the
    service address or addresses to a local tax jurisdiction.
    The telecommunications retailer shall  be  held  harmless
    for  any  tax  overpayments  or  underpayments (including
    penalty or interest) resulting from  written  information
    provided by the municipality or, in the case of disputes,
    the  Department. If a municipality is aware of a situsing
    error in a  telecommunications  retailer's  records,  the
    municipality  may  file  a  written  notification  to the
    telecommunications retailer at an  address  specified  by
    the  telecommunications  retailer  describing  the street
    address or addresses that are incorrect  and,  if  known,
    the affected customer name or names and account number or
    numbers.  If  another  jurisdiction  is claiming the same
    street address or addresses that are the subject  of  the
    notification, the telecommunications retailer must notify
    the Department as specified in subdivision (a)(3) of this
    Section, otherwise, the telecommunications retailer shall
    make such correction to its records within 90 days.
         (3)  If  it  is determined from the lists or updates
    furnished under subdivision (a)(1)  that  more  than  one
    municipality   claims   the  same  address  or  group  of
    addresses, the telecommunications retailer  shall  notify
    the   Department   within  60  days  of  discovering  the
    discrepancy. After notification and until resolution, the
    telecommunications retailer will continue its  prior  tax
    treatment and will be held harmless for any tax, penalty,
    and  interest  in  the  event  the prior tax treatment is
    wrong. Upon resolution, the Department  will  notify  the
    telecommunications  retailer in a written form describing
    the resolution.  Upon  receipt  of  the  resolution,  the
    telecommunications  retailer  has  until the next ensuing
    January 1, April 1, July 1, or  October  1  to  make  the
    change.
         (4)  Municipalities       shall      notify      any
    telecommunications retailer that has previously requested
    a list under subdivision (a)(1) of this  Section  of  any
    annexations, de-annexations, or other boundary changes at
    least  60  days after the effective date of such changes.
    The notification shall contain each  street  name,  known
    street   name  aliases,  street  address  number  ranges,
    applicable directionals, and zip  codes  associated  with
    each  street  name,  for all street addresses for which a
    change has occurred. The notice shall  be  mailed  to  an
    address  designated  by  the telecommunications retailer.
    The  telecommunications  retailer  has  until  the   next
    ensuing  January 1, April 1, July 1, or October 1 to make
    the changes described in such notification.
    (b)  The safe harbor provisions, Sections 40  and  45  of
the  Mobile Telecommunications Sourcing Conformity Act, shall
apply to any telecommunications retailer electing  to  employ
enhanced  zip  codes  (zip+4)  to assign each street address,
address range, rural route box, or rural route box  range  in
their  service area to a specific municipal tax jurisdiction,
except   as   provided   under    subdivision    (c)(5).    A
telecommunications   retailer  shall  make  its  election  as
prescribed by rules adopted by the Department.
    (c)  Persons who believe that they are  improperly  being
charged  a  tax  imposed under this Act because their service
address is assigned to the wrong  taxing  jurisdiction  shall
file   a  written  complaint  with  their  telecommunications
(mobile or non-mobile) retailer. The written complaint  shall
include  the  street  address for her or his place of primary
use for mobile  telecommunications  service  or  the  service
address  for  non-mobile  telecommunications,  the  name  and
address  of the telecommunications retailer who is collecting
the tax imposed by this Act, the account name and number  for
which  the person seeks a correction of the tax assignment, a
description  of  the  error  asserted  by  that  person,   an
estimated  amount  of  tax  claimed  to have been incorrectly
paid, the time period for which that amount of  tax  applies,
and   any   other  information  that  the  telecommunications
retailer may reasonably require to process the  request.  For
purposes  of  this  Section, the terms "place of primary use"
and "mobile telecommunications service" shall have  the  same
meanings   as   those   terms   are  defined  in  the  Mobile
Telecommunications Sourcing Conformity Act.
    Within 60 days after receiving the complaint  under  this
subsection  (c), the telecommunications retailer shall review
its records, the written complaint, any information submitted
by the  affected  municipality  or  municipalities,  and  the
electronic  database,  if existing, or enhanced zip code used
pursuant to Section 25 or 40 of the Mobile Telecommunications
Sourcing Conformity Act to determine  the  customer's  taxing
jurisdiction.  If  this  review shows that the amount of tax,
assignment of place of primary use  or  service  address,  or
taxing  jurisdiction  is  in  error,  the  telecommunications
retailer  shall  correct  the  error and refund or credit the
amount of tax erroneously collected from the customer for the
period still available for the filing of a claim  for  credit
or  refund by the telecommunications retailer under this Act.
If this review shows that the amount of  tax,  assignment  of
place   of   primary   use  or  service  address,  or  taxing
jurisdiction  is  correct,  the  telecommunications  retailer
shall provide a written explanation to the person  from  whom
the notice was received.
         (1)  If the person is dissatisfied with the response
    from  the  telecommunications  retailer, the customer may
    request a written determination from the Department on  a
    form  prescribed  by  the  Department.  The request shall
    contain the same  information  as  was  provided  to  the
    telecommunications  retailer. The Department shall review
    the request for determination  and  make  all  reasonable
    efforts  to  determine  if such person's place of primary
    use for mobile telecommunications service or the  service
    address  for  non-mobile  telecommunications  is  located
    within  the jurisdictional boundaries of the municipality
    for which the person is being charged tax under this Act.
    Upon request by the Department, municipalities that  have
    imposed  a  tax  under  this  Act  shall  have 30 days to
    provide information  to  the  Department  regarding  such
    requests for determination via certified mail.
         (2)  Within  90  days after receipt of a request for
    determination under subdivision (c)(1) of  this  Section,
    the  Department  shall issue a letter of determination to
    the person stating whether that person's place of primary
    use for mobile telecommunications service or the  service
    address  for  non-mobile  telecommunications  is  located
    within  the jurisdictional boundaries of the municipality
    for which the person is being charged tax under this  Act
    or  naming  the  proper  municipality,  if different. The
    Department   shall   also   list   in   the   letter   of
    determination, if  the  municipality  has  provided  that
    information  to the Department, the Department's findings
    as to the limit of the  jurisdictional  boundary  (street
    address  range)  for  the municipality in relation to the
    street address listed in the  request  for  a  letter  of
    determination.  A  copy  of  such letter of determination
    shall   be   provided   by   the   Department   to    the
    telecommunications  retailer  listed  on  the request for
    determination. The copy shall be  sent  via  mail  to  an
    address designated by the telecommunications retailer.
         (3)  If  the  municipality or municipalities fail to
    respond as set forth  in  subdivision  (c)(1),  then  the
    complaining  person  will no longer be subject to the tax
    imposed under this Act. The Department shall  notify  the
    relevant  telecommunications  retailer  in writing of the
    automatic determination and also list its findings as  to
    the  street address listed in the request for a letter of
    determination. Upon receipt of the  notice  of  automatic
    determination,   the  telecommunications  retailer  shall
    correct its records and refund or credit  the  amount  of
    tax  determined  to have been paid by such person for the
    period still available for the  filing  of  a  claim  for
    credit or refund by the telecommunications retailer under
    this  Act. A copy of the letter of determination shall be
    provided by  the  Department  to  the  telecommunications
    retailer  listed  on  the request for determination at an
    address designated by the telecommunications retailer.
         (4)  If the telecommunications retailer  receives  a
    copy  of  the letter of determination from the Department
    described in subdivision  (c)(2)  of  this  Section  that
    states that such person's place of primary use for mobile
    telecommunications  service  or  the  service address for
    non-mobile telecommunications is not located  within  the
    jurisdictional  boundaries  of the municipality for which
    that person is being charged tax under this Act and  that
    provides  the correct tax jurisdiction for the particular
    street address,  the  telecommunications  retailer  shall
    correct  the error and refund or credit the amount of tax
    determined to have been paid in error by such  person  up
    to  the  period still available for the filing of a claim
    for credit or refund by the  telecommunications  retailer
    under  this  Act.  The  telecommunications retailer shall
    retain such copy of the letter of  determination  in  its
    books and records and shall be held harmless for any tax,
    penalty,  or  interest due as a result of its reliance on
    such  determination.  If  the   Department   subsequently
    receives  information  that  discloses  that such service
    addresses or places of primary use  on  that  street  are
    within  the  jurisdictional  boundaries of a municipality
    other than the one specified in the previous letter,  the
    Department  shall  notify the telecommunications retailer
    and the telecommunications customer in writing  that  the
    telecommunications  retailer  is  to begin collecting tax
    for a specified municipality on the  accounts  associated
    with  those  service  addresses or places of primary use.
    Notification to begin collecting  tax  on  such  accounts
    sent   by   the   Department  to  the  telecommunications
    retailers on or after October 1 and prior  to  January  1
    shall be effective the following April 1. Notification to
    begin  collecting  tax  on  such  accounts  sent  by  the
    Department  to  the  telecommunications  retailers  on or
    after January 1 and prior to April 1 shall  be  effective
    the  following  July  1. Notification to begin collecting
    tax on such  accounts  sent  by  the  Department  to  the
    telecommunications  retailers  on  or  after  April 1 and
    prior to July 1  shall be effective the following October
    1. Notification to begin collecting tax on such  accounts
    sent   by   the   Department  to  the  telecommunications
    retailers on or after July 1 and prior to October 1 shall
    be effective the following January 1.
         (5)  If the telecommunications retailer  receives  a
    copy  of  the letter of determination from the Department
    described in subdivisions (c)(2), (c)(3),  or  (c)(4)  of
    this  Section  that  states  that  such person's place of
    primary use for mobile telecommunications service or  the
    service  address for non-mobile telecommunications is not
    located  within  the  jurisdictional  boundaries  of  the
    municipality for which that person is being  charged  tax
    under  this Act and the telecommunications retailer fails
    to correct the error and refund or credit the appropriate
    amount of tax  paid  in  error  within  the  time  period
    prescribed   in   subdivisions  (c)(3)  and  (c)(4),  the
    telecommunications retailer shall not  be  held  harmless
    for any tax, penalty, or interest due the Department as a
    result of the error.
         (6)  The  procedures in this subsection (c) shall be
    the first course of remedy available to customers seeking
    correction of assignment of  service  address,  place  of
    primary  use,  taxing jurisdiction, an amount of tax paid
    erroneously, or other compensation for taxes, charges, or
    fees  erroneously  collected  by   a   telecommunications
    retailer. No cause of action based upon a dispute arising
    from  these  taxes, charges, or fees shall accrue until a
    customer  has  reasonably  exercised   the   rights   and
    procedures  set  forth  in  this  subsection  (c).  If  a
    customer is not satisfied after exercising the rights and
    following  the  procedures  set  forth in this subsection
    (c), the customer shall have the normal cause  of  action
    available  under  the law to recover any tax, penalty, or
    interest from the telecommunications retailer.
    (d)  The provisions of this Section shall not apply to  a
municipality  that  directly  receives  collected tax revenue
from a retailer pursuant to subsection (b) of Section 5-40. A
municipality that receives tax revenue pursuant to subsection
(b) of Section 5-40 for telecommunications other than  mobile
telecommunications  service,  as  that term is defined in the
Mobile  Telecommunications  Sourcing  Conformity  Act,  shall
establish a procedure to remedy the complaints of persons who
believe  they  are  being  improperly  taxed,  which   should
consider the requirements set forth in subsection (c) of this
Section.

    Section   10.   The  Mobile  Telecommunications  Sourcing
Conformity Act is amended by changing Section 80 as follows:

    (35 ILCS 638/80)
    (This Section may contain text from a Public Act  with  a
delayed effective date)
    Sec.   80.    Customers'   procedures  and  remedies  for
correcting taxes and fees.
    (a)  If a customer believes  that  he  or  she  is  being
charged  an improper amount of tax or is not subject to a tax
imposed under the Simplified Municipal Telecommunications Tax
Act for a telecommunications  service  covered  by  the  term
"mobile  telecommunications"  under this Act, he or she shall
follow the procedures outlined in subsection (c)  of  Section
5-42  of the Simplified Municipal Telecommunications Tax Act.
The procedures outlined in subsection (c) of Section 5-42  of
the  Simplified  Municipal  Telecommunications  Tax Act shall
also apply to the home service provider, the Department,  and
municipalities.
    (b)  Nothing   in   subsection   (a)  shall  apply  to  a
municipality that directly  receives  collected  tax  revenue
from  a  retailer under subsection (b) of Section 5-40 of the
Simplified  Municipal  Telecommunications  Tax  Act   for   a
telecommunications   service  covered  by  the  term  "mobile
telecommunications  service"  under  this  Act.  In  lieu  of
subsection (a), a customer may seek relief  under  subsection
(c)  only  if  a municipality directly receives collected tax
revenue from a retailer under subsection (b) of Section  5-40
of  the Simplified Municipal Telecommunications Tax Act for a
telecommunications  service  covered  by  the  term   "mobile
telecommunications service" under this Act.
    (c)  For  municipalities  covered under subsection (b) of
Section 5-40 of the Simplified  Municipal  Telecommunications
Tax  Act,  if  a  customer  believes that an amount of tax or
assignment of place of primary  use  or  taxing  jurisdiction
included on a billing is erroneous, the customer shall notify
the  home  service  provider  in writing.  The customer shall
include in this written notification the street  address  for
her  or his place of primary use, the account name and number
for  which  the  customer  seeks  a  correction  of  the  tax
assignment, a  description  of  the  error  asserted  by  the
customer,  and  any  other  information that the home service
provider reasonably requires to process the request.   Within
60  days  after  receiving a notice under this subsection (c)
(a), the home service provider shall review its  records  and
the electronic database or enhanced zip code used pursuant to
Section   25   or  40  to  determine  the  customer's  taxing
jurisdiction.  If this review shows that the amount  of  tax,
assignment of place of primary use, or taxing jurisdiction is
in  error,  the home service provider shall correct the error
and refund or credit the amount of tax erroneously  collected
from  the  customer  for  a period of up to 2 years.  If this
review shows that the amount of tax, assignment of  place  of
primary  use,  or  taxing  jurisdiction  is correct, the home
service provider shall provide a written explanation  to  the
customer.  (b)  If  the  customer  is  dissatisfied  with the
response of the home service provider under this Section, the
customer may seek a correction or refund  or  both  from  the
municipality  that  directly  receives  collected tax revenue
from a retailer pursuant to subsection (b) of Section 5-40 of
the Simplified Municipal Telecommunications  Tax  Act  for  a
telecommunications   service  covered  by  the  term  "mobile
telecommunications   service"   under   this    Act    taxing
jurisdiction affected.
    (d) (c)  The  procedures set forth in subsections (b) and
(c) in this Section shall  be  the  first  course  of  remedy
available  to  customers  seeking correction of assignment of
place of primary use or taxing jurisdiction or a refund of or
other compensation for taxes, charges, and  fees  erroneously
collected  by  the  home  service  provider,  and no cause of
action  based  upon  a  dispute  arising  from  these  taxes,
charges, or fees shall accrue until a customer has reasonably
exercised  the  rights  and  procedures  set  forth  in  this
Section.
(Source: P.A. 92-474, eff. 8-1-02.)

    Section 90.  The State Mandates Act is amended by  adding
Section 8.26 as follows:

    (30 ILCS 805/8.26 new)
    Sec.  8.26.  Exempt  mandate.  Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is  required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 92nd General Assembly.

    Section  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.

    Section 99.  Effective date.  This Act  takes  effect  on
July 1, 2002.
    Passed in the General Assembly June 01, 2002.
    Approved June 28, 2002.
    Effective July 01, 2002.

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