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91_HB3918
LRB9112019SMdv
1 AN ACT to amend the Telecommunications Municipal
2 Infrastructure Maintenance Fee Act by changing Section 15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Telecommunications Municipal
6 Infrastructure Maintenance Fee Act is amended by changing
7 Section 15 as follows:
8 (35 ILCS 635/15)
9 Sec. 15. State telecommunications infrastructure
10 maintenance fees.
11 (a) A State infrastructure maintenance fee is hereby
12 imposed upon telecommunications retailers as a replacement
13 for the personal property tax in an amount specified in
14 subsection (b).
15 (b) The amount of the State infrastructure maintenance
16 fee imposed upon a telecommunications retailer under this
17 Section shall be equal to 0.5% of all gross charges charged
18 by the telecommunications retailer to service addresses in
19 this State for telecommunications, other than wireless
20 telecommunications, originating or received in this State.
21 However, the State infrastructure maintenance fee is not
22 imposed in any case in which the imposition of the fee would
23 violate the Constitution or statutes of the United States.
24 (c) An optional infrastructure maintenance fee is hereby
25 created. A telecommunications retailer may elect to pay the
26 optional infrastructure maintenance fee with respect to the
27 gross charges charged by the telecommunications retailer to
28 service addresses in a particular municipality for
29 telecommunications, other than wireless telecommunications,
30 originating or received in the municipality if (1) the
31 telecommunications retailer is not required to pay any
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1 compensation to the municipality under an existing franchise
2 agreement and (2) the municipality has not imposed a
3 municipal infrastructure maintenance fee as authorized in
4 Section 20 of this Act. A telecommunications retailer
5 electing to pay the optional infrastructure maintenance fee
6 shall notify the Department of such election on the
7 application for certificate of registration. If a
8 telecommunications retailer elects to pay this fee with
9 respect to the gross charges charged by the
10 telecommunications retailer to service addresses in a
11 particular municipality, such election shall remain in full
12 force and effect until such time as the municipality imposes
13 a municipal infrastructure maintenance fee.
14 (d) The amount of the optional infrastructure
15 maintenance fee which a telecommunications retailer may elect
16 to pay with respect to a particular municipality shall be
17 equal to 25% of the maximum amount of the municipal
18 infrastructure maintenance fee which the municipality could
19 impose under Section 20 of this Act.
20 (e) The State infrastructure maintenance fee and the
21 optional infrastructure maintenance fee authorized by this
22 Section shall be collected, enforced, and administered as set
23 forth in subsection (b) of Section 25 of this Act.
24 (f) A telecommunications retailer that pays the optional
25 infrastructure maintenance fee with respect to the gross
26 charges charged by the telecommunications retailer to service
27 addresses in a particular municipality for
28 telecommunications, other than wireless communications,
29 originating or received in the municipality shall annually
30 verify with that municipality all service addresses located
31 in that municipality. For each service address that is not
32 located in a municipality and therefore not eligible to be
33 charged the optional infrastructure maintenance fee, the
34 telecommunications retailer shall issue a refund to the
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1 customer of all amounts improperly charged for the optional
2 infrastructure maintenance fee plus interest at the rate of 1
3 1/2% per month or portion thereof from the date the fee was
4 improperly collected to the date the refund is issued.
5 (Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.