Bill Text: IL HB4437 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4437 Detail]

Download: Illinois-2017-HB4437-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4437 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED:
35 ILCS 635/30
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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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Telecommunications Infrastructure
Maintenance Fee Act is amended by changing Section 30 as
follows:
(35 ILCS 635/30)
Sec. 30. Validity of existing franchise fees and
agreements.
(a) No new franchise fees or other charges for the use of
the public rights-of-way, including charges for the recovery of
reasonable costs of regulating the use of the public
rights-of-way, shall be imposed upon, levied on, or otherwise
required of telecommunications retailers by ordinance,
resolution, or contract, nor shall any other new charges be
required from telecommunications retailers by municipalities
from and after the effective date of this Act. This Act 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. Nothing in this Act shall
excuse any person or entity from obligations imposed under any
law concerning generally applicable taxes or standards for
construction on, over, under, or within, use of or repair of

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the public rights-of-way, including standards relating to free
standing towers and other structures upon the public way, nor
shall any person or entity be excused from any liability
imposed by any such law for the failure to comply with such
generally applicable taxes or standards governing construction
on, over, under, or within, use of or repair of the public
rights-of-way.
(b) Agreements between telecommunications retailers and
municipalities entered into before the effective date of this
Act regarding use of the public ways shall remain valid
according to and for their stated terms, except as to fees or
charges waived under Section 5-60 of the Simplified Municipal
Telecommunications Tax Act.
(c) The regulation of the terms and conditions upon which
poles, conduits, and other facilities located in the public way
may be shared by or between telecommunications retailers shall
be committed exclusively to the jurisdiction of the Illinois
Commerce Commission and the Federal Communications Commission,
and such regulation shall not be among the home rule powers and
functions described in subsection (h) of Section 6 of Article
VII of the Illinois Constitution. Moreover, no municipality may
enter into any contract or agreement with a telecommunications
retailer with respect to the terms and conditions upon which
poles, conduits, and other facilities located in the public way
may be shared by or between telecommunications retailers.
(Source: P.A. 92-526, eff. 1-1-03.)

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Section 99. Effective date. This Act takes effect upon
becoming law.