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90_HB1147sam002
LRB9005036KDksam06
1 AMENDMENT TO HOUSE BILL 1147
2 AMENDMENT NO. . Amend House Bill 1147, AS AMENDED,
3 with reference to page and line numbers of Senate Amendment
4 No. 1, on page 1, by replacing lines 20 and 21 with the
5 following:
6 "Telecommunications Excise Tax Act. Cellular
7 telecommunications retailers have already been excluded"; and
8 on page 2, by replacing lines 1 and 2 with the following:
9 "from application of the invested capital tax by earlier
10 legislative action. This Act is also intended to abolish
11 municipal franchise fees with"; and
12 on page 10, by replacing lines 22 through 34 with the
13 following:
14 "(f) A municipality that, pursuant to a franchise
15 agreement in existence on the effective date of this Act,
16 receives compensation from a telecommunications retailer for
17 the use of the public right of way, may impose a municipal
18 infrastructure maintenance fee pursuant to this Act only on
19 the condition that such municipality (1) waives its right to
20 receive all fees, charges and other compensation under all
21 existing franchise agreements or the like with
22 telecommunications retailers during the time that the
23 municipality imposes a municipal infrastructure maintenance
-2- LRB9005036KDksam06
1 fee and (2) imposes by ordinance (or other proper means) a
2 municipal infrastructure maintenance fee which becomes
3 effective no sooner than 90 days after such municipality has
4 provided written notice by certified mail to each
5 telecommunications retailer with whom the municipality has an
6 existing franchise agreement, that the municipality waives
7 all compensation under such existing franchise agreement.";
8 and
9 on page 11, by deleting lines 1 through 3; and
10 on page 11, by replacing lines 12 and 13 with the following:
11 "be paid to a municipality for the use of its public way by";
12 and
13 on page 11, line 16, by changing "units of local government"
14 to "municipalities"; and
15 on page 12, line 4, by changing "units of local government"
16 to "municipalities"; and
17 on page 12, by replacing lines 12 through 23 with the
18 following:
19 "this Act."; and
20 on page 12, line 32, by changing "unit of local government"
21 to "municipality"; and
22 on page 13, line 13, before "home rule powers", by inserting
23 "municipal"; and
24 on page 23, line 10, by changing "such company" to
25 "telecommunications carrier as defined in the
26 Telecommunications Municipal Infrastructure Maintenance Fee
27 Act such company"; and
28 on page 23, line 12, by changing "telephone system" to
29 "telecommunications system telephone system"; and
-3- LRB9005036KDksam06
1 on page 23, by replacing lines 18 through 20 with the
2 following:
3 "telecommunications carrier such company is authorized to
4 construct, maintain, alter"; and
5 on page 25, lines 15, 22, and 24, by deleting "public" each
6 time it appears; and
7 on page 26, line 9, by deleting "public".