State of Illinois
90th General Assembly
Legislation

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[ House Amendment 001 ]

90_HB0865

      New Act
      765 ILCS 205/3            from Ch. 109, par. 3
          Creates  the  Tenant   Telecommunication   Freedom   Act.
      Prohibits   leases   between   landlords   and  tenants  from
      containing provisions that  restrict  a  tenant's  choice  of
      telecommunications  carrier.   Amends the Plat Act to provide
      that any portion of platted premises that is designated as  a
      way  or  easement  for  public  service  facilities,  utility
      facilities, or community antenna television services shall be
      deemed  an  easement  granted  to  every  provider of utility
      services   authorized   to   provide   services.    Effective
      immediately.
                                                     LRB9000614JSmg
                                               LRB9000614JSmg
 1        AN ACT concerning access to telecommunications services.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  1.   Short  title.  This Act may be cited as the
 5    Tenant Telecommunications Freedom Act.
 6        Section 5.  No lease or other agreement hereafter entered
 7    into between a landlord and a  tenant  in  this  State  shall
 8    prohibit    or    restrict    the   tenant   from   selecting
 9    telecommunications carriers of the tenant's  choice  for  the
10    provision  of  services  to  the leased premises, and no such
11    prohibition  or  restriction  shall  be  made   a   condition
12    precedent  to  entering  into such an agreement with any such
13    tenant.
14        Section 90.  The Plat Act is amended by changing  Section
15    3 as follows:
16        (765 ILCS 205/3) (from Ch. 109, par. 3)
17        Sec. 3. The acknowledgment and recording of such plat, or
18    the  acknowledgment  and the filing of the same shall be held
19    in all courts to be  a  conveyance  in  fee  simple  of  such
20    portions  of  the  premises platted as are marked or noted on
21    such plat as donated or granted to the public, or any person,
22    religious society, corporation or  body  politic,  and  as  a
23    general  warranty  against  the  donor,  his or her heirs and
24    representatives, to such donee or grantee, for their  use  or
25    for  the  use and purposes therein named or intended, and for
26    no other use or purpose; and the premises  intended  for  any
27    street,  alley,  way, common or other public use in any city,
28    village or town, or addition thereto, shall be  held  in  the
29    corporate  name  thereof  in  trust  to  and for the uses and
                            -2-                LRB9000614JSmg
 1    purposes set forth or intended.   Any portion of the premises
 2    platted that is marked or noted on such  plat  as  a  way  or
 3    easement   for   public  service  facilities  or  utility  or
 4    community antenna television services shall be deemed  a  way
 5    or  easement  granted to every provider of utility (including
 6    telecommunications) services or community antenna  television
 7    services  then  or  thereafter  authorized  to  provide  such
 8    services within the relevant jurisdiction.
 9    (Source: P.A. 83-345.)
10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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