Full Text of HB3652 94th General Assembly
HB3652 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3652
Introduced 2/24/2005, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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50 ILCS 750/2.11 |
from Ch. 134, par. 32.11 |
50 ILCS 750/3.1 new |
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50 ILCS 750/3.2 new |
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50 ILCS 750/10.2 |
from Ch. 134, par. 40.2 |
50 ILCS 750/15.1 |
from Ch. 134, par. 45.1 |
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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.
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A BILL FOR
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HB3652 |
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LRB094 06851 AJO 36957 b |
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| AN ACT concerning counties.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Emergency Telephone System Act is amended by | 5 |
| changing Sections 2.11, 10.2 and 15.1 and by adding Sections | 6 |
| 3.1 and 3.2 as follows:
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| (50 ILCS 750/2.11) (from Ch. 134, par. 32.11)
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| Sec. 2.11. "Board" means an Emergency Telephone System | 9 |
| Board ,
or a
Joint Emergency Telephone System Board created | 10 |
| pursuant to Section 15.4 , or a Regional Telephone System Board | 11 |
| created pursuant to Section 3.2 .
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| (Source: P.A. 85-978.)
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| (50 ILCS 750/3.1 new) | 14 |
| Sec. 3.1. Existing emergency telephone system and a county | 15 |
| having 15,000 inhabitants or less.
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| (a) A county having 15,000 inhabitants or less may enter | 17 |
| into an intergovernmental agreement with other units of local | 18 |
| government in order to join an existing emergency telephone | 19 |
| system. The corporate authorities of a
county of 15,000 | 20 |
| inhabitants or less may, in addition to any tax levied pursuant | 21 |
| to the Simplified Municipal
Telecommunications Tax Act, impose | 22 |
| a monthly surcharge on billed subscribers
of network connection | 23 |
| provided by telecommunication carriers engaged in the
business | 24 |
| of transmitting messages by means of electricity originating | 25 |
| within
the corporate limits of the county imposing the | 26 |
| surcharge at
a rate per network connection determined by the | 27 |
| county. For mobile telecommunications services, if a surcharge | 28 |
| is imposed it shall be imposed based upon the county that | 29 |
| encompasses the customer's place of primary use as defined in | 30 |
| the Mobile Telecommunications Sourcing Conformity Act.
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| (b) For purposes of computing the surcharge,
the network |
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LRB094 06851 AJO 36957 b |
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| connections to which the surcharge shall apply shall be those
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| in-service network connections, other than those network | 3 |
| connections
assigned to the county, where the service address | 4 |
| for each
network connection or connections is located within | 5 |
| the corporate
limits of the county levying the surcharge. | 6 |
| Except for mobile
telecommunication services, the "service | 7 |
| address" shall mean the location of
the primary use of the | 8 |
| network connection or connections. For mobile
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| telecommunication services, "service address" means the | 10 |
| customer's place of
primary use as defined in the Mobile | 11 |
| Telecommunications Sourcing Conformity
Act. With respect to | 12 |
| network connections provided for
use with pay telephone | 13 |
| services for which there is no billed subscriber,
the | 14 |
| telecommunications carrier providing the network connection | 15 |
| shall be
deemed to be its own billed subscriber for purposes of | 16 |
| applying the surcharge.
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| (c) Upon the passage of an ordinance to impose a surcharge | 18 |
| by the corporate authorities of a county having 15,000 | 19 |
| inhabitants or less, the surcharge shall be imposed. | 20 |
| Notwithstanding any other provision in this Section, a county | 21 |
| with a population of 15,000 inhabitants or less may not impose | 22 |
| a monthly surcharge that is in excess of the surcharge imposed | 23 |
| by any other unit of local government that participates in the | 24 |
| same emergency telephone system.
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| (d) The corporate authorities of a county may at any time | 26 |
| by ordinance change the
rate of the surcharge imposed under | 27 |
| this Section.
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| (e) The surcharge authorized by this Section shall be | 29 |
| collected from
the subscriber by the telecommunications | 30 |
| carrier providing to the subscriber
the network connection as a | 31 |
| separately stated item on the subscriber's bill.
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| (f) The amount of surcharge collected by the | 33 |
| telecommunications carrier
shall be paid to the county, the | 34 |
| emergency telephone system board, or joint emergency
telephone | 35 |
| system board not later than 30 days after the surcharge is
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| collected, net of any network or other 9-1-1 or sophisticated |
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| 9-1-1 system
charges then due the particular | 2 |
| telecommunications carrier, as shown on an
itemized bill. The | 3 |
| telecommunications carrier collecting the surcharge
shall also | 4 |
| be entitled to deduct 3% of the gross amount of surcharge
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| collected to reimburse the telecommunications carrier for the | 6 |
| expense of
accounting and collecting the surcharge.
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| (g) The corporate authorities of any county may issue,
in | 8 |
| accordance with Illinois law, bonds, notes, or other evidences | 9 |
| of indebtedness secured
in whole or in part by the proceeds of | 10 |
| the surcharge described in this
Section. Notwithstanding any | 11 |
| change in law subsequent to the issuance of
any bonds, notes, | 12 |
| or other evidences of indebtedness secured by the surcharge, | 13 |
| every county issuing the bonds, notes, or other evidences of | 14 |
| indebtedness shall
be authorized to impose the surcharge as | 15 |
| though the laws relating to the
imposition of the surcharge in | 16 |
| effect at the time of issuance of the
bonds, notes, or other | 17 |
| evidences of indebtedness were in full force and effect until | 18 |
| the
bonds, notes, or other evidences of indebtedness are paid | 19 |
| in full.
The State of Illinois pledges and agrees that it will | 20 |
| not limit or alter
the rights and powers vested in counties by | 21 |
| this Section
to impose the surcharge so as to impair the terms | 22 |
| of or affect the
security for bonds, notes, or other evidences | 23 |
| of indebtedness secured in whole or in part
with the proceeds | 24 |
| of the surcharge described in this Section.
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| (h) Any surcharge collected by or imposed on a | 26 |
| telecommunications
carrier pursuant to this Section shall be | 27 |
| held to be a special fund in
trust for the county, emergency | 28 |
| telephone system board, or joint emergency telephone system | 29 |
| board
imposing the surcharge. Except for the 3% deduction | 30 |
| provided in subsection
(g) of this Section, the special fund | 31 |
| shall not be subject to the claims of
creditors of the | 32 |
| telecommunication carrier.
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| (50 ILCS 750/3.2 new)
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| Sec. 3.2. Regional Emergency Telephone System Board; | 35 |
| powers. |
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LRB094 06851 AJO 36957 b |
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| (a) The corporate authorities of 2 or more counties, each | 2 |
| having a population of 15,000 inhabitants or less, may | 3 |
| establish a regional emergency
telephone system. | 4 |
| (b) The corporate authorities of a
county of 15,000 | 5 |
| inhabitants or less may, in addition to any tax levied pursuant | 6 |
| to the Simplified Municipal
Telecommunications Tax Act, impose | 7 |
| a monthly surcharge on billed subscribers
of network connection | 8 |
| provided by telecommunication carriers engaged in the
business | 9 |
| of transmitting messages by means of electricity originating | 10 |
| within
the corporate limits of the county imposing the | 11 |
| surcharge at
a rate per network connection determined by the | 12 |
| county. For mobile telecommunications services, if a surcharge | 13 |
| is imposed it shall be imposed based upon the county that | 14 |
| encompasses the customer's place of primary use as defined in | 15 |
| the Mobile Telecommunications Sourcing Conformity Act. | 16 |
| (c) For purposes of computing the surcharge,
the network | 17 |
| connections to which the surcharge shall apply shall be those
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| in-service network connections, other than those network | 19 |
| connections
assigned to the county, where the service address | 20 |
| for each
network connection or connections is located within | 21 |
| the corporate
limits of the county levying the surcharge. | 22 |
| Except for mobile
telecommunication services, the "service | 23 |
| address" shall mean the location of
the primary use of the | 24 |
| network connection or connections. For mobile
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| telecommunication services, "service address" means the | 26 |
| customer's place of
primary use as defined in the Mobile | 27 |
| Telecommunications Sourcing Conformity
Act. With respect to | 28 |
| network connections provided for
use with pay telephone | 29 |
| services for which there is no billed subscriber,
the | 30 |
| telecommunications carrier providing the network connection | 31 |
| shall be
deemed to be its own billed subscriber for purposes of | 32 |
| applying the surcharge.
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| (d) Upon the passage of an ordinance to impose a surcharge, | 34 |
| by the corporate authorities of a county having 15,000 | 35 |
| inhabitants or less, the surcharge shall be imposed. | 36 |
| (e) The corporate authorities of a county may at any time |
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HB3652 |
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LRB094 06851 AJO 36957 b |
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| by ordinance change the
rate of the surcharge imposed under | 2 |
| this Section.
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| (f) The surcharge authorized by this Section shall be | 4 |
| collected from
the subscriber by the telecommunications | 5 |
| carrier providing to the subscriber
the network connection as a | 6 |
| separately stated item on the subscriber's bill. | 7 |
| (g) The amount of surcharge collected by the | 8 |
| telecommunications carrier
shall be paid to the county or the | 9 |
| regional emergency
telephone system board not later than 30 | 10 |
| days after the surcharge is
collected, net of any network or | 11 |
| other 9-1-1 or sophisticated 9-1-1 system
charges then due the | 12 |
| particular telecommunications carrier, as shown on an
itemized | 13 |
| bill. The telecommunications carrier collecting the surcharge
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| shall also be entitled to deduct 3% of the gross amount of | 15 |
| surcharge
collected to reimburse the telecommunications | 16 |
| carrier for the expense of
accounting and collecting the | 17 |
| surcharge. | 18 |
| (h) The corporate authorities of any county may issue,
in | 19 |
| accordance with Illinois law, bonds, notes, or other evidences | 20 |
| of indebtedness secured
in whole or in part by the proceeds of | 21 |
| the surcharge described in this
Section. Notwithstanding any | 22 |
| change in law subsequent to the issuance of
any bonds, notes, | 23 |
| or other evidences of indebtedness secured by the surcharge, | 24 |
| every county issuing the bonds, notes, or other evidences of | 25 |
| indebtedness shall
be authorized to impose the surcharge as | 26 |
| though the laws relating to the
imposition of the surcharge in | 27 |
| effect at the time of issuance of the
bonds, notes, or other | 28 |
| evidences of indebtedness were in full force and effect until | 29 |
| the
bonds, notes, or other evidences of indebtedness are paid | 30 |
| in full.
The State of Illinois pledges and agrees that it will | 31 |
| not limit or alter
the rights and powers vested in counties by | 32 |
| this Section
to impose the surcharge so as to impair the terms | 33 |
| of or affect the
security for bonds, notes, or other evidences | 34 |
| of indebtedness secured in whole or in part
with the proceeds | 35 |
| of the surcharge described in this Section. | 36 |
| (i) Any surcharge collected by or imposed on a |
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HB3652 |
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LRB094 06851 AJO 36957 b |
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| telecommunications
carrier pursuant to this Section shall be | 2 |
| held to be a special fund in
trust for the county or the | 3 |
| regional emergency telephone board
imposing the surcharge. | 4 |
| Except for the 3% deduction provided in subsection
(h) of this | 5 |
| Section, the special fund shall not be subject to the claims of
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| creditors of the telecommunication carrier. | 7 |
| (j) The corporate authorities by intergovernmental | 8 |
| agreement shall provide for a regional emergency telephone | 9 |
| system board, the number of board members, the initial and | 10 |
| subsequent terms of the board members, and the manner of | 11 |
| appointment of the board members. Members of the board shall | 12 |
| serve without
compensation but shall be reimbursed for their | 13 |
| actual and necessary
expenses.
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| The powers and duties of the board shall be defined by the | 15 |
| intergovernmental agreement and shall include, but need not
be | 16 |
| limited to the following: | 17 |
| (1) Planning a 9-1-1 system. | 18 |
| (2) Coordinating and supervising the implementation, | 19 |
| upgrading, or
maintenance of the system, including the | 20 |
| establishment of equipment
specifications and coding | 21 |
| systems. | 22 |
| (3) Receiving moneys from the surcharge imposed under | 23 |
| this Section, and
from any other source, for deposit into | 24 |
| the Regional Emergency Telephone System Fund. | 25 |
| (4) Authorizing all disbursements from the fund. | 26 |
| (5) Hiring any staff necessary for the implementation | 27 |
| or upgrade of the
system. | 28 |
| (k) All moneys received by a board pursuant to a surcharge | 29 |
| imposed under
this Section shall be deposited into a separate | 30 |
| interest-bearing
Regional Emergency Telephone System Fund | 31 |
| account. The county treasurer designated in the | 32 |
| intergovernmental agreement,
shall be the custodian of the | 33 |
| fund. All interest accruing on the fund shall remain
in the | 34 |
| fund. No expenditures may be made from the fund except upon the
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| direction of the board by resolution passed by a majority of | 36 |
| all members of the
board. Expenditures may be made only to pay |
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| for the costs associated with the
following: | 2 |
| (1) The design of the regional emergency telephone | 3 |
| system. | 4 |
| (2) The coding of an initial master street address | 5 |
| guide data base, and
update and maintenance thereof. | 6 |
| (3) The repayment of any moneys advanced for the | 7 |
| implementation of
the system. | 8 |
| (4) The charges for Automatic Number Identification | 9 |
| and Automatic
Location Identification equipment,
a | 10 |
| computer aided dispatch system that records, maintains, | 11 |
| and integrates
information,
mobile data transmitters | 12 |
| equipped with
automatic vehicle locators, and maintenance, | 13 |
| replacement, and
update thereof
to increase operational | 14 |
| efficiency and improve the provision of emergency
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| services.
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| (5) The non-recurring charges related to installation | 17 |
| of the regional emergency
telephone system and the ongoing | 18 |
| network charges. | 19 |
| (6) The acquisition and installation, or the | 20 |
| reimbursement of costs
therefor to other governmental | 21 |
| bodies that have incurred those costs, of road
or street | 22 |
| signs that are essential to the implementation of the | 23 |
| regional emergency
telephone system and that are not | 24 |
| duplicative of signs that are the
responsibility of the | 25 |
| jurisdiction charged with maintaining road and street
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| signs. | 27 |
| (7) Other products and services necessary for the | 28 |
| implementation,
upgrade, and maintenance of the system and | 29 |
| any other purpose related to the
operation of
the system, | 30 |
| including costs attributable directly to the construction, | 31 |
| leasing,
or maintenance of any buildings or facilities or | 32 |
| costs of personnel
attributable directly to the operation | 33 |
| of the system. Costs attributable
directly to the operation | 34 |
| of an regional emergency telephone system do not include | 35 |
| the
costs of public safety agency personnel who are and | 36 |
| equipment that is
dispatched in response to an emergency |
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| call.
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| (l) The board shall complete the data base before | 3 |
| implementation of the
9-1-1 system. The error ratio of the data | 4 |
| base shall not at any time
exceed 1% of the total data base.
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| (50 ILCS 750/10.2) (from Ch. 134, par. 40.2)
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| Sec. 10.2. The Emergency Telephone System Board in any | 7 |
| county passing
a referendum under Section 15.3, and the | 8 |
| Chairman of the County Board in any county
implementing a 9-1-1 | 9 |
| system pursuant to Section 3.1, 3.2, or 15.4 shall ensure that | 10 |
| all
areas of the county are included in the system.
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| (Source: P.A. 87-146.)
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| (50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
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| Sec. 15.1. Public body; exemption from civil liability for | 14 |
| developing or
operating emergency telephone system. No
public | 15 |
| agency, public safety agency, emergency
telephone system | 16 |
| board, or unit of local government assuming the duties of an
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| emergency telephone system board, nor any
officer, agent or | 18 |
| employee of any public agency, public safety agency,
emergency | 19 |
| telephone system board, or unit of local government assuming | 20 |
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duties of an emergency telephone system board,
shall be | 21 |
| liable for any civil damages as a result of any act or
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| omission, except willful or wanton misconduct, in connection | 23 |
| with
developing, adopting, operating or implementing any plan | 24 |
| or system
required by this Act. In this Section, "emergency | 25 |
| telephone system board" includes all emergency telephone | 26 |
| system boards created pursuant to this Act.
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| Exemption from civil liability for emergency instructions | 28 |
| is as provided
in the Good Samaritan Act.
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| This Section may not be offered as a defense in any | 30 |
| judicial
proceeding brought by the Attorney General under | 31 |
| Section 12 to compel
compliance with this Act.
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| (Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)
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