HB3652 94TH GENERAL ASSEMBLY

LRB094 06851 AJO 36957 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3652

Introduced 2/24/2005, by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

50 ILCS 750/2.11	from Ch. 134, par. 32.11
50 ILCS 750/3.1 new
50 ILCS 750/3.2 new
50 ILCS 750/10.2	from Ch. 134, par. 40.2
50 ILCS 750/15.1	from Ch. 134, par. 45.1

Amends the Emergency Telephone System Act. Provides that a county with a population of 15,000 or less may, by intergovernmental agreement, establish with one or more counties a Regional Emergency Telephone System or join an existing Emergency Telephone System. Provides that if a county with a population of 15,000 or less joins an existing emergency telephone system, the county may not charge a surcharge that is higher than the surcharge set by the other units of local government that are a part of the existing system. Provides the powers and duties of a Regional Emergency Telephone System Board, such as planning a 911 system, coordinating and supervising the implementation and maintenance of the equipment and the system, hiring staff, and making disbursements. Makes other changes.

A BILL FOR

AN ACT concerning counties.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Emergency Telephone System Act is amended by changing Sections 2.11, 10.2 and 15.1 and by adding Sections 3.1 and 3.2 as follows:

(50 ILCS 750/2.11) (from Ch. 134, par. 32.11)

Sec. 2.11. "Board" means an Emergency Telephone System Board, or a Joint Emergency Telephone System Board created pursuant to Section 15.4, or a Regional Telephone System Board created pursuant to Section 3.2.

(Source: P.A. 85-978.)

(50 ILCS 750/3.1 new)

Sec. 3.1. Existing emergency telephone system and a county having 15,000 inhabitants or less.

(a) A county having 15,000 inhabitants or less may enter into an intergovernmental agreement with other units of local government in order to join an existing emergency telephone system. The corporate authorities of a county of 15,000 inhabitants or less may, in addition to any tax levied pursuant to the Simplified Municipal Telecommunications Tax Act, impose a monthly surcharge on billed subscribers of network connection provided by telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the county imposing the surcharge at a rate per network connection determined by the county. For mobile telecommunications services, if a surcharge is imposed it shall be imposed based upon the county that encompasses the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act.

(b) For purposes of computing the surcharge, the network connections to which the surcharge shall apply shall be those in-service network connections, other than those network connections assigned to the county, where the service address for each network connection or connections is located within the corporate limits of the county levying the surcharge. Except for mobile telecommunication services, the "service address" shall mean the location of the primary use of the network connection or connections. For mobile telecommunication services, "service address" means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. With respect to network connections provided for use with pay telephone services for which there is no billed subscriber, the telecommunications carrier providing the network connection shall be deemed to be its own billed subscriber for purposes of applying the surcharge.

(c) Upon the passage of an ordinance to impose a surcharge by the corporate authorities of a county having 15,000 inhabitants or less, the surcharge shall be imposed. Notwithstanding any other provision in this Section, a county with a population of 15,000 inhabitants or less may not impose a monthly surcharge that is in excess of the surcharge imposed by any other unit of local government that participates in the same emergency telephone system.

(d) The corporate authorities of a county may at any time by ordinance change the rate of the surcharge imposed under this Section.

(e) The surcharge authorized by this Section shall be collected from the subscriber by the telecommunications carrier providing to the subscriber the network connection as a separately stated item on the subscriber's bill.

(f) The amount of surcharge collected by the telecommunications carrier shall be paid to the county, the emergency telephone system board, or joint emergency telephone system board not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due the particular telecommunications carrier, as shown on an itemized bill. The telecommunications carrier collecting the surcharge shall also be entitled to deduct 3% of the gross amount of surcharge collected to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge.

(g) The corporate authorities of any county may issue, in accordance with Illinois law, bonds, notes, or other evidences of indebtedness secured in whole or in part by the proceeds of the surcharge described in this Section. Notwithstanding any change in law subsequent to the issuance of any bonds, notes, or other evidences of indebtedness secured by the surcharge, every county issuing the bonds, notes, or other evidences of indebtedness shall be authorized to impose the surcharge as though the laws relating to the imposition of the surcharge in effect at the time of issuance of the bonds, notes, or other evidences of indebtedness were in full force and effect until the bonds, notes, or other evidences of indebtedness are paid in full. The State of Illinois pledges and agrees that it will not limit or alter the rights and powers vested in counties by this Section to impose the surcharge so as to impair the terms of or affect the security for bonds, notes, or other evidences of indebtedness secured in whole or in part with the proceeds of the surcharge described in this Section.

(h) Any surcharge collected by or imposed on a telecommunications carrier pursuant to this Section shall be held to be a special fund in trust for the county, emergency telephone system board, or joint emergency telephone system board imposing the surcharge. Except for the 3% deduction provided in subsection (g) of this Section, the special fund shall not be subject to the claims of creditors of the telecommunication carrier.

(50 ILCS 750/3.2 new)

Sec. 3.2. Regional Emergency Telephone System Board; powers.

(a) The corporate authorities of 2 or more counties, each having a population of 15,000 inhabitants or less, may establish a regional emergency telephone system.

(b) The corporate authorities of a county of 15,000 inhabitants or less may, in addition to any tax levied pursuant to the Simplified Municipal Telecommunications Tax Act, impose a monthly surcharge on billed subscribers of network connection provided by telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the county imposing the surcharge at a rate per network connection determined by the county. For mobile telecommunications services, if a surcharge is imposed it shall be imposed based upon the county that encompasses the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act.

(c) For purposes of computing the surcharge, the network connections to which the surcharge shall apply shall be those in-service network connections, other than those network connections assigned to the county, where the service address for each network connection or connections is located within the corporate limits of the county levying the surcharge. Except for mobile telecommunication services, the "service address" shall mean the location of the primary use of the network connection or connections. For mobile telecommunication services, "service address" means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. With respect to network connections provided for use with pay telephone services for which there is no billed subscriber, the telecommunications carrier providing the network connection shall be deemed to be its own billed subscriber for purposes of applying the surcharge.

(d) Upon the passage of an ordinance to impose a surcharge, by the corporate authorities of a county having 15,000 inhabitants or less, the surcharge shall be imposed.

(e) The corporate authorities of a county may at any time by ordinance change the rate of the surcharge imposed under this Section.

(f) The surcharge authorized by this Section shall be collected from the subscriber by the telecommunications carrier providing to the subscriber the network connection as a separately stated item on the subscriber's bill.

(g) The amount of surcharge collected by the telecommunications carrier shall be paid to the county or the regional emergency telephone system board not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due the particular telecommunications carrier, as shown on an itemized bill. The telecommunications carrier collecting the surcharge shall also be entitled to deduct 3% of the gross amount of surcharge collected to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge.

(h) The corporate authorities of any county may issue, in accordance with Illinois law, bonds, notes, or other evidences of indebtedness secured in whole or in part by the proceeds of the surcharge described in this Section. Notwithstanding any change in law subsequent to the issuance of any bonds, notes, or other evidences of indebtedness secured by the surcharge, every county issuing the bonds, notes, or other evidences of indebtedness shall be authorized to impose the surcharge as though the laws relating to the imposition of the surcharge in effect at the time of issuance of the bonds, notes, or other evidences of indebtedness were in full force and effect until the bonds, notes, or other evidences of indebtedness are paid in full. The State of Illinois pledges and agrees that it will not limit or alter the rights and powers vested in counties by this Section to impose the surcharge so as to impair the terms of or affect the security for bonds, notes, or other evidences of indebtedness secured in whole or in part with the proceeds of the surcharge described in this Section.

(i) Any surcharge collected by or imposed on a telecommunications carrier pursuant to this Section shall be held to be a special fund in trust for the county or the regional emergency telephone board imposing the surcharge. Except for the 3% deduction provided in subsection (h) of this Section, the special fund shall not be subject to the claims of creditors of the telecommunication carrier.

(j) The corporate authorities by intergovernmental agreement shall provide for a regional emergency telephone system board, the number of board members, the initial and subsequent terms of the board members, and the manner of appointment of the board members. Members of the board shall serve without compensation but shall be reimbursed for their actual and necessary expenses.

The powers and duties of the board shall be defined by the intergovernmental agreement and shall include, but need not be limited to the following:

(1) Planning a 9-1-1 system.

(2) Coordinating and supervising the implementation, upgrading, or maintenance of the system, including the establishment of equipment specifications and coding systems.

(3) Receiving moneys from the surcharge imposed under this Section, and from any other source, for deposit into the Regional Emergency Telephone System Fund.

(4) Authorizing all disbursements from the fund.

(5) Hiring any staff necessary for the implementation or upgrade of the system.

(k) All moneys received by a board pursuant to a surcharge imposed under this Section shall be deposited into a separate interest-bearing Regional Emergency Telephone System Fund account. The county treasurer designated in the intergovernmental agreement, shall be the custodian of the fund. All interest accruing on the fund shall remain in the fund. No expenditures may be made from the fund except upon the direction of the board by resolution passed by a majority of all members of the board. Expenditures may be made only to pay for the costs associated with the following:

(1) The design of the regional emergency telephone system.

(2) The coding of an initial master street address guide data base, and update and maintenance thereof.

(3) The repayment of any moneys advanced for the implementation of the system.

(4) The charges for Automatic Number Identification and Automatic Location Identification equipment, a computer aided dispatch system that records, maintains, and integrates information, mobile data transmitters equipped with automatic vehicle locators, and maintenance, replacement, and update thereof to increase operational efficiency and improve the provision of emergency services.

(5) The non-recurring charges related to installation of the regional emergency telephone system and the ongoing network charges.

(6) The acquisition and installation, or the reimbursement of costs therefor to other governmental bodies that have incurred those costs, of road or street signs that are essential to the implementation of the regional emergency telephone system and that are not duplicative of signs that are the responsibility of the jurisdiction charged with maintaining road and street signs.

(7) Other products and services necessary for the implementation, upgrade, and maintenance of the system and any other purpose related to the operation of the system, including costs attributable directly to the construction, leasing, or maintenance of any buildings or facilities or costs of personnel attributable directly to the operation of the system. Costs attributable directly to the operation of an regional emergency telephone system do not include the costs of public safety agency personnel who are and equipment that is dispatched in response to an emergency call.

(l) The board shall complete the data base before implementation of the 9-1-1 system. The error ratio of the data base shall not at any time exceed 1% of the total data base.

(50 ILCS 750/10.2) (from Ch. 134, par. 40.2)

Sec. 10.2. The Emergency Telephone System Board in any county passing a referendum under Section 15.3, and the Chairman of the County Board in any county implementing a 9-1-1 system pursuant to Section 3.1, 3.2, or 15.4 shall ensure that all areas of the county are included in the system.

(Source: P.A. 87-146.)

(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)

Sec. 15.1. Public body; exemption from civil liability for developing or operating emergency telephone system. No public agency, public safety agency, emergency telephone system board, or unit of local government assuming the duties of an emergency telephone system board, nor any officer, agent or employee of any public agency, public safety agency, emergency telephone system board, or unit of local government assuming the duties of an emergency telephone system board, shall be liable for any civil damages as a result of any act or omission, except willful or wanton misconduct, in connection with developing, adopting, operating or implementing any plan or system required by this Act. In this Section, "emergency telephone system board" includes all emergency telephone system boards created pursuant to this Act.

Exemption from civil liability for emergency instructions is as provided in the Good Samaritan Act.

This Section may not be offered as a defense in any judicial proceeding brought by the Attorney General under Section 12 to compel compliance with this Act.

(Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)