90th General Assembly
Status of SB0996
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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