Senate Sponsors: CULLERTON-MAHAR-DELEO. Short description: TELECOM-MUNI MAINT FEE ACT Synopsis of Bill as introduced: 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. Last action on Bill: SESSION SINE DIE Last action date: 99-01-12 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 1 END OF INQUIRY Full Text Bill Status