Full Text of HB2819 100th General Assembly
HB2819ham001 100TH GENERAL ASSEMBLY | Rep. Steven A. Andersson Filed: 3/23/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2819
| 2 | | AMENDMENT NO. ______. Amend House Bill 2819 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Telecommunications Infrastructure | 5 | | Maintenance Fee Act is amended by changing Section 30 as | 6 | | follows:
| 7 | | (35 ILCS 635/30)
| 8 | | Sec. 30. Validity of existing franchise fees and | 9 | | agreements.
| 10 | | (a) No new franchise fees or other charges
for the use of | 11 | | the public rights-of-way , including charges for the recovery of
| 12 | | reasonable costs of regulating the use of the public | 13 | | rights-of-way,
shall be imposed upon, levied on, or otherwise | 14 | | required of telecommunications
retailers by ordinance, | 15 | | resolution, or contract, nor shall any other
new charges be | 16 | | required from telecommunications retailers by
municipalities |
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| 1 | | from and
after the effective date of this Act.
This Act does | 2 | | not prohibit a municipality from requiring telecommunications | 3 | | carriers to pay an application fee that provides for the | 4 | | recovery of the direct costs of any expenses related to the | 5 | | engineering review of the application in order to gain access | 6 | | to the public right-of-way. Nothing in this Act shall excuse | 7 | | any person or entity from obligations imposed
under any law | 8 | | concerning generally applicable taxes or standards for
| 9 | | construction on, over, under, or within, use of or
repair of | 10 | | the public rights-of-way, including standards relating to free
| 11 | | standing towers and other structures upon the public way, nor | 12 | | shall any
person or entity be excused
from any liability | 13 | | imposed by any such law for the failure to comply with such
| 14 | | generally applicable taxes or standards governing construction | 15 | | on, over, under,
or within, use of or repair of the
public | 16 | | rights-of-way.
| 17 | | (b) Agreements between telecommunications retailers and | 18 | | municipalities
entered into before the effective date of this | 19 | | Act regarding use of
the public ways shall remain valid | 20 | | according to and for their stated terms,
except as to fees or | 21 | | charges waived under Section 5-60 of the Simplified
Municipal | 22 | | Telecommunications Tax Act.
| 23 | | (c) The regulation of the terms and conditions upon which | 24 | | poles, conduits,
and other facilities located in the public way | 25 | | may be shared by or between
telecommunications retailers shall | 26 | | be committed exclusively to the jurisdiction
of the Illinois |
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| 1 | | Commerce Commission and the Federal Communications Commission,
| 2 | | and such regulation shall not be among the home rule powers and | 3 | | functions
described in subsection (h) of Section 6 of Article | 4 | | VII of the Illinois
Constitution. Moreover, no municipality may | 5 | | enter into any
contract or agreement with a telecommunications | 6 | | retailer with respect to the
terms and conditions upon which | 7 | | poles, conduits, and other facilities located
in
the public way | 8 | | may be shared by or between telecommunications retailers.
| 9 | | (Source: P.A. 92-526, eff. 1-1-03.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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