HomeMy WebLinkAboutRes 21-00 05/02/2000 RESOLUTION NO. 21-00
A RESOLUTION IN SUPPORT OF E-COMMERCE EQUITY
WHEREAS, the use of new communications technologies, including the Internet, as a way to
conduct sales of goods and services is accelerating; and
WHEREAS, out-of-state vendors who conduct sales via the Internet, mail order, and phone,
under many circumstances, are not required by law to collect existing sales and use taxes
imposed by state and local governments in which the purchaser resides; and
WHEREAS, the primary barrier to collecting taxes on remote sales is the Supreme Court's
ruling in Quill v. North Dakota which defers to Congress, and only Congress, to authorize states
to require remote vendors to collect taxes in a manner that does not unduly burden interstate
commerce; and
WHEREAS, current laws create a competitive disadvantage and great inequities between
merchants who sell from traditional "Brick- and-Mortar" establishments and those who sell from
electronic stores; and
WHEREAS, this migration of sales to the Internet is restricting the ability of state and local
governments and school districts to collect taxes which finance essential public services
including but not limited to police, fire, emergency medical service, education, social services,
infrastructure development, and local healthcare; and
WHEREAS, the United States Constitution reserves for the states the right to collect and impose
taxes; and
WHEREAS, 45 states and the District of Columbia collect over 40 percent of overall revenue
from sales taxes to fund vital public services; and
WHEREAS, a recent University of Tennessee study estimates that state sales tax revenue losses
in 2003 will exceed $10 billion; and
WHEREAS, the Advisory Commission on Electronic Commerce, established by the Internet
Tax Freedom Act, failed to address, in a fair and equitable manner, the growing volume of tax-
free sales transactions occurring over the Internet, which have put "brick-and-mortar" stores at a
competitive disadvantage; and
WHEREAS, the Commission's report to Congress does not effectively address the tax losses
that state and local governments will experience if the Internet becomes a permanently tax-free
retail market.
age 2/2
E-Commerce
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Village of Mount Prospect opposes any congressional action to
implement the Advisory Commission on Electronic Commerce's report proposals that would
preempt state and local sovereignty, guaranteed by the 10~ Amendment o£the United States
Constitution; and
SECTION TWO: That the Village of Mount Prospect supports simplification of state and local
sales taxes, and urges states to move expeditiously to craft and approve model legislation; and
SECTION THREE: That the Village of Mount Prospect opposes any congressional efforts to
expand the current moratorium to cover state and local sales and use taxes; and
SECTION FOUR: That the Village of Mount Prospect opposes any efforts to extend the current
moratorium unless the extension is for two years or less and is directly linked to congressional
authorization to states that simplify their sales and use tax system to collect use tax on all remote
transactions.
SECTION FIVE: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Hoefert, Lohrstorfer, Skowmn, Wilks
NAYS: None
ABSENT: Corcoran, Prikkel
PASSED and APPROVED this 2nd day of May, 2000.
ATTEST2-~_~~//~-- Gerald L. Farley, Mayor /
Velma/vV. Lowe, Village Clerk "