HB2819ham001 100TH GENERAL ASSEMBLY

Rep. Steven A. Andersson

Filed: 3/23/2017

10000HB2819ham001 LRB100 10451 HLH 24118 a

AMENDMENT TO HOUSE BILL 2819

AMENDMENT NO. ______. Amend House Bill 2819 by replacing everything after the enacting clause with the following:

"Section 5. The Telecommunications Infrastructure Maintenance Fee Act is amended by changing Section 30 as follows:

(35 ILCS 635/30)

Sec. 30. Validity of existing franchise fees and agreements.

(a) 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 other new charges be required from telecommunications retailers by municipalities from and after the effective date of this Act. This Act does not prohibit a municipality from requiring telecommunications carriers to pay an application fee that provides for the recovery of the direct costs of any expenses related to the engineering review of the application in order to gain access to the public right-of-way. 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.

(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. 92-526, eff. 1-1-03.)

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