100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4437

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 635/30

    Amends the Telecommunications Infrastructure Maintenance Fee Act. Provides that the existing prohibition or new franchise fees does not prohibit a municipality from requiring telecommunications carriers to pay a reasonable application fee in order to gain access to the public right-of-way. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Telecommunications Infrastructure
5Maintenance Fee Act is amended by changing Section 30 as
6follows:
 
7    (35 ILCS 635/30)
8    Sec. 30. Validity of existing franchise fees and
9agreements.
10    (a) No new franchise fees or other charges for the use of
11the public rights-of-way, including charges for the recovery of
12reasonable costs of regulating the use of the public
13rights-of-way, shall be imposed upon, levied on, or otherwise
14required of telecommunications retailers by ordinance,
15resolution, or contract, nor shall any other new charges be
16required from telecommunications retailers by municipalities
17from and after the effective date of this Act. This Act does
18not prohibit a municipality from requiring telecommunications
19carriers to pay a reasonable application fee in order to gain
20access to the public right-of-way. Nothing in this Act shall
21excuse any person or entity from obligations imposed under any
22law concerning generally applicable taxes or standards for
23construction on, over, under, or within, use of or repair of

 

 

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1the public rights-of-way, including standards relating to free
2standing towers and other structures upon the public way, nor
3shall any person or entity be excused from any liability
4imposed by any such law for the failure to comply with such
5generally applicable taxes or standards governing construction
6on, over, under, or within, use of or repair of the public
7rights-of-way.
8    (b) Agreements between telecommunications retailers and
9municipalities entered into before the effective date of this
10Act regarding use of the public ways shall remain valid
11according to and for their stated terms, except as to fees or
12charges waived under Section 5-60 of the Simplified Municipal
13Telecommunications Tax Act.
14    (c) The regulation of the terms and conditions upon which
15poles, conduits, and other facilities located in the public way
16may be shared by or between telecommunications retailers shall
17be committed exclusively to the jurisdiction of the Illinois
18Commerce Commission and the Federal Communications Commission,
19and such regulation shall not be among the home rule powers and
20functions described in subsection (h) of Section 6 of Article
21VII of the Illinois Constitution. Moreover, no municipality may
22enter into any contract or agreement with a telecommunications
23retailer with respect to the terms and conditions upon which
24poles, conduits, and other facilities located in the public way
25may be shared by or between telecommunications retailers.
26(Source: P.A. 92-526, eff. 1-1-03.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.