Bill Text: IL SB3173 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill, but adds that nothing in the provisions shall be construed to authorize a county to lease, license, or otherwise grant access to or use of infrastructure that the county does not own or control to public or private entities to facilitate the delivery of broadband services.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0947 [SB3173 Detail]

Download: Illinois-2023-SB3173-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3173 Introduced 2/6/2024, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1189 new
65 ILCS 5/11-117-15 new
220 ILCS 5/13-202 from Ch. 111 2/3, par. 13-202
Amends the Counties Code and the Illinois Municipal Code. Provides that a county or municipality may undertake local broadband projects and the provision of services in connection with local broadband projects, may lease infrastructure that it owns or controls relating to local broadband projects or services, may aggregate customers or demand for broadband services, and may apply for and receive funds or technical assistance to undertake local broadband projects to address the level of broadband access available to its businesses and residents. Provides that, to the extent that it seeks to serve as a retail provider of telecommunications services, the county or municipality must obtain appropriate certification from the Illinois Commerce Commission as a telecommunications carrier. Provides that certification of a county or municipality serving as a retail provider of telecommunication services is an exclusive power and function of the State. Amends the Public Utilities Act to make a conforming change.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-1189 as follows:
(55 ILCS 5/5-1189 new)
Sec. 5-1189. Local broadband projects and services.
(a) A county may undertake local broadband projects and
the provision of services in connection with local broadband
projects, may lease infrastructure that it owns or controls
relating to local broadband projects or services, may
aggregate customers or demand for broadband services, and may
apply for and receive funds or technical assistance to
undertake local broadband projects to address the level of
broadband access available to its businesses and residents.
(b) To the extent that it seeks to serve as a retail
provider of telecommunications services, the county must
obtain appropriate certification from the Illinois Commerce
Commission as a telecommunications carrier. The certification
of a county serving as a retail provider of telecommunication
services is an exclusive power and function of the State. A
home rule county may not modify the certification requirements
of this subsection. This subsection is a denial and limitation

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of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
Section 10. The Illinois Municipal Code is amended by
adding Section 11-117-15 as follows:
(65 ILCS 5/11-117-15 new)
Sec. 11-117-15. Local broadband projects and services.
(a) A municipality may undertake local broadband projects
and the provision of services in connection with local
broadband projects, may lease infrastructure that it owns or
controls relating to local broadband projects or services, may
aggregate customers or demand for broadband services, and may
apply for and receive funds or technical assistance to
undertake local broadband projects to address the level of
broadband access available to its businesses and residents.
(b) To the extent that it seeks to serve as a retail
provider of telecommunications services, the municipality must
obtain appropriate certification from the Illinois Commerce
Commission as a telecommunications carrier. The certification
of a municipality serving as a retail provider of
telecommunication services is an exclusive power and function
of the State. A home rule municipality may not modify the
certification requirements of this subsection. This subsection
is a denial and limitation of home rule powers and functions
under subsection (h) of Section 6 of Article VII of the

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Illinois Constitution.
(c) This Section is not subject to the other provisions of
this Division.
Section 15. The Public Utilities Act is amended by
changing Section 13-202 as follows:
(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-202. "Telecommunications carrier" means and
includes every corporation, company, association, joint stock
company or association, firm, partnership or individual, their
lessees, trustees or receivers appointed by any court
whatsoever that owns, controls, operates or manages, within
this State, directly or indirectly, for public use, any plant,
equipment or property used or to be used for or in connection
with, or owns or controls any franchise, license, permit or
right to engage in the provision of, telecommunications
services between points within the State which are specified
by the user. "Telecommunications carrier" includes an Electing
Provider, as defined in Section 13-506.2. Telecommunications
carrier does not include, however:
(a) except as provided in Section 5-1189 of the
Counties Code and Section 11-117-15 of the Illinois
Municipal Code, telecommunications carriers that are owned
and operated by any political subdivision, public or

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