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Synopsis As Introduced Amends the Counties Code and Illinois Municipal Code. Provides that a county's or municipality's initial report of its audit findings to CATV operators shall include the complete list of all addresses within the corporate limits of the county or municipality. Limits the scope of provisions concerning franchise fees and service provider fee reviews. Provides that contingent fees paid to auditors, including subcontractors, may not exceed 25% of the net amount recovered, inclusive of interest and penalties. Provides that counties and municipalities shall provide to each CATV operator an updated complete list of addresses within the corporate limits of the county or municipality annually. In addition, the county or municipality shall provide a CATV operator the updated address list within 90 days after the date of a written request by the CATV operator and before a CATV operator's franchise fees or service provider fees are derived. Holds harmless the CATV operator for any franchise fee underpayment if the county or municipality does not provide the updated address list. Makes other changes.
Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: provides that a county or municipality may thereafter not commence or conduct another audit for the same audit period or for any part of that same audit period if the county or municipality failed to provide the initial report of the audit findings to the CATV operator within specified timeframes; provides that the audit procedures in specified provisions shall be the exclusive audit procedures for (rather than the provisions apply to): (i) any franchise agreement entered into, amended, or renewed on or after the effective date of the amendatory Act; and (ii) any franchise fee or service provider fee audit of a CATV operator commenced on or after the effective date of the amendatory Act; limits use of address lists provided by a county or municipality and provides that any situs issues identified by a CATV operator as a result of the provision of an address list by a county or municipality to the CATV operator shall first be confirmed in writing to the county or municipality by the CATV operator prior to the CATV operator making any situs change that may result in a change of allocation of a franchise fee or service provider fee to the county or municipality; and removes provisions prohibiting contingent fees paid to auditors, including subcontractors, from exceeding 25% of the net amount recovered, inclusive of interest and penalties. Effective immediately.
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