HB3513 99TH GENERAL ASSEMBLY

LRB099 09562 MGM 29771 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3513

Introduced , by Rep. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

New Act

Creates the Radio Broadcast Safety Act. Provides that a radio broadcaster is prohibited from transmitting any siren or crash noise via over-the-air communication that may be heard by a driver. Provides a penalty for violation of this Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

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

Section 1. Short title. This Act may be cited as the Radio Broadcast Safety Act.

Section 5. Findings. The General Assembly finds that the broadcast of sirens or noises replicating a vehicular collision over the radio may cause drivers listening to the radio to become distracted. These drivers may, upon hearing a siren or vehicular crash on the radio, mistake the sound for an actual siren or vehicular crash within the immediate vicinity of the vehicle they are operating. These drivers may then engage in unreasonable driving behaviors, such as pulling over abruptly to clear the road for an emergency vehicle, or applying the brakes suddenly to avoid a vehicular collision. These sudden reactions may cause a safety hazard for the driver and others drivers within the immediate vicinity. Therefore, the General Assembly finds that prohibiting these noises from being broadcast over the radio is necessary to protect the safety and well-being of all drivers.

Section 10. Definitions. As used in this Act:

"Crash noise" means any sound transmitted by a radio broadcaster via an over-the-air communication that is substantially similar to the sound of two or more vehicles colliding. "Crash noises" include, but are not limited to, screeching tires or screeching rubber, and glass or metal colliding.

"Driver" means every person who drives or is in actual physical control of a vehicle.

"Radio broadcaster" means a radio broadcasting station, primarily engaged in, and deriving income from, the business of facilitating speech via over-the-air communications, including both pure speech and commercial speech.

"Siren" means any sound transmitted by a radio broadcaster via an over-the-air communication that is substantially similar to the sound of a police vehicle, fire vehicle, ambulance, or other emergency vehicle that is high pitched in tone and is used to alert drivers of the police vehicle, fire vehicle, ambulance, or other emergency vehicle.

Section 15. Offense. A radio broadcaster is prohibited from transmitting any siren or crash noise via over-the-air communication that may be heard by a driver. This prohibition includes advertisements transmitted by the radio broadcaster.

Section 20. Penalties. Whoever violates this Act is guilty of a petty offense, and upon conviction thereof shall be punishable by a fine of not less than $100 nor more than $500 for the first offense and not less than $500 nor more than $1,000 for a second or subsequent offense.

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