CULLERTON-MAHAR-DELEO. New Act 35 ILCS 610/2a.1 rep. 30 ILCS 115/12 from Ch. 85, par. 616 220 ILCS 5/13-511 new 220 ILCS 5/13-704 from Ch. 111 2/3, par. 13-704 220 ILCS 65/4 from Ch. 134, par. 20 Creates the Telecommunications Municipal Infrastructure Maintenance Fee Act. Imposes a personal property replacement tax fee on telecommunications retailers in the amount of 0.5% of all gross charges charged to a service address on telecommunications originating or received in this State. Allows the governing body of a municipality to impose an infrastructure maintenance fee on telecommunications retailers by ordinance or resolution. Provides that, in municipalities with a population of more than 500,000, the amount of the fee shall not exceed 2% of all gross charges charged to a service address in the municipality for telecommunications originating or received in the municipality or, in a municipality with a population of 500,000 or less, the amount of the fee shall not exceed 1% of all gross charges charged to a service address in the municipality for telecommunications originating or received in the municipality. Provides that no telecommunications retailer paying the infrastructure maintenance fees may be denied the right to use the public way because of the telecommunications retailer's failure to pay any other fee or to enter into any agreement for the right to use the public way. Preempts home rule powers. Amends the State Revenue Shar- ing Act to require all amounts realized from the personal property tax replacement fee imposed by the Telecommunications Municipal Infrastructure Maintenance Fee Act to be deposited into the Personal Property Replacement Fund. Amends the Public Utilities Act. Requires the Illinois Commerce Commission to order any rate adjustments that are necessary, for telecommunications carriers that are regulated by the Commission, to ensure that the implementation of the Telecommuni- cations Municipal Infrastructure Maintenance Fee Act has no signifi- cant impact on the net income of the telecommunications carriers. Re- quires the carriers to maintain records and accounts that are neces- sary for the Commission to make any findings and determinations neces- sary to make the appropriate rate adjustments. SENATE AMENDMENT NO. 1. Deletes everything. Reinserts provisions of the bill as introduced. Provides that "telecommunications" shall not include the provision of cable services through a cable system or through an open video system. Deletes provision exempting the transmitting of telecommunications and all services connected therewith to persons other than the federal and State governments and State universities from the definition of "sale of telecommunications at retail". Provides that upon the effective date of this Act, the fee authorized by the Act shall be the only compensation for recovering the reasonable costs of regulating the use of the public rights-of-way. Provides that the provisions of this Act shall apply to free standing towers used to provide wireless communications and other permanent structures. Provides that if an agreement is renewed automatically or by agreement of the parties, the compensation under the agreement shall be equal to the maximum amount of the municipal infrastructure maintenance fee which the municipality could charge under the Act. In the amendatory provisions in the Telephone Company Act, changes references to "public ground" to "right-of-way dedicated or commonly used for utility purposes". Requires additional notice by the telecommunications retailer to the highway commissioners in the case of new construction in a public highway, street, alley, right-of-way dedicated or commonly used for utility purposes, or water. Makes other changes. 97-02-07 S FIRST READING 97-02-07 S REFERRED TO SENATE RULES COMMITTEE RULES 97-02-19 S ASSIGNED TO COMMITTEE ENVIR & ENE 97-02-28 S TO SUBCOMMITTEE 97-03-06 S DO PASS 010-000-000 SENV 97-03-06 S PLACED ON CALENDAR ORDER OF 2ND READING 97-03-11 97-03-17 S SECOND READING 97-03-17 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-18 97-03-18 S ADDED AS A CHIEF CO-SPONSOR MAHAR 97-03-19 S FILED WITH SECRETARY 97-03-19 S AMENDMENT NO. 01-MAHAR 97-03-19 S AMENDMENT REFERRED TO SRUL 97-03-19 S ADDED AS A CHIEF CO-SPONSOR DELEO 97-03-19 S AMENDMENT NO. 01-MAHAR 97-03-19 S RULES REFERS TO SENV 97-03-20 S AMENDMENT NO. 01-MAHAR 97-03-20 S BE ADOPTED SENV/009-000-000 97-03-20 S RECALLED TO SECOND READING 97-03-20 S AMENDMENT NO. 01-MAHAR 97-03-20 S ADOPTED 97-03-20 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-20 S 3/5 VOTE REQUIRED 97-03-20 S THIRD READING - LOST 023-022-010 99-01-12 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary