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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4437 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED:
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Amends the Telecommunications Infrastructure Maintenance Fee Act. Provides that the existing prohibition or new franchise fees does not prohibit a municipality from requiring telecommunications carriers to pay a reasonable application fee in order to gain access to the public right-of-way. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4437 | | LRB100 16114 HLH 31233 b |
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| 1 | | AN ACT concerning revenue.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Telecommunications Infrastructure |
| 5 | | Maintenance Fee Act is amended by changing Section 30 as |
| 6 | | follows:
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| 7 | | (35 ILCS 635/30)
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| 8 | | Sec. 30. Validity of existing franchise fees and |
| 9 | | agreements.
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| 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
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| 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 |
| 17 | | from and
after the effective date of this Act. This Act does |
| 18 | | not prohibit a municipality from requiring telecommunications |
| 19 | | carriers to pay a reasonable application fee in order to gain |
| 20 | | access to the public right-of-way.
Nothing in this Act shall |
| 21 | | excuse any person or entity from obligations imposed
under any |
| 22 | | law concerning generally applicable taxes or standards for
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| 23 | | construction on, over, under, or within, use of or
repair of |
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| | HB4437 | - 2 - | LRB100 16114 HLH 31233 b |
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| 1 | | the public rights-of-way, including standards relating to free
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| 2 | | standing towers and other structures upon the public way, nor |
| 3 | | shall any
person or entity be excused
from any liability |
| 4 | | imposed by any such law for the failure to comply with such
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| 5 | | generally applicable taxes or standards governing construction |
| 6 | | on, over, under,
or within, use of or repair of the
public |
| 7 | | rights-of-way.
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| 8 | | (b) Agreements between telecommunications retailers and |
| 9 | | municipalities
entered into before the effective date of this |
| 10 | | Act regarding use of
the public ways shall remain valid |
| 11 | | according to and for their stated terms,
except as to fees or |
| 12 | | charges waived under Section 5-60 of the Simplified
Municipal |
| 13 | | Telecommunications Tax Act.
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| 14 | | (c) The regulation of the terms and conditions upon which |
| 15 | | poles, conduits,
and other facilities located in the public way |
| 16 | | may be shared by or between
telecommunications retailers shall |
| 17 | | be committed exclusively to the jurisdiction
of the Illinois |
| 18 | | Commerce Commission and the Federal Communications Commission,
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| 19 | | and such regulation shall not be among the home rule powers and |
| 20 | | functions
described in subsection (h) of Section 6 of Article |
| 21 | | VII of the Illinois
Constitution. Moreover, no municipality may |
| 22 | | enter into any
contract or agreement with a telecommunications |
| 23 | | retailer with respect to 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.
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| 26 | | (Source: P.A. 92-526, eff. 1-1-03.)
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