94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1017

 

Introduced 02/03/05, by Rep. Marlow H. Colvin

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 750/2.12   from Ch. 134, par. 32.12
50 ILCS 750/2.21 new
50 ILCS 750/10.1   from Ch. 134, par. 40.1
50 ILCS 750/15.2   from Ch. 134, par. 45.2
50 ILCS 750/15.3   from Ch. 134, par. 45.3
720 ILCS 5/26-2   from Ch. 38, par. 26-2
50 ILCS 750/13 rep.   from Ch. 134, par. 43

    Amends the Emergency Telephone System Act. Requires one network connection for each T-1 facility. Defines "high-speed channelized service". Provides no public agency or unit of local government shall be liable, except for wilful or wanton misconduct, in connection with placing out-going emergency calls. Adds high-speed channelized service to the types of service that require 5 surcharges per network. Adds to the Section describing the offense of interference with emergency communication a provision that states that any person who without lawful justification interrupts, prevents or otherwise interferes with a 9-1-1 call is subject to Section 26-2 of the Criminal Code (Class A misdemeanor). Amends the Criminal Code by amending the Section describing the offense of interference with emergency communication adding verbal or physical obstruction of a 9-1-1 call or prevention of an emergency communication to the offense. Adds definition of "report of a crime to a law enforcement agency" and "emergency communication" to the criminal offense. Makes the offense solely a Class A misdemeanor (now, Class A and B for different types of interference). Repeals Section 13 of the Emergency Telephone System Act. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning communications.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Emergency Telephone System Act is amended by
5 changing Sections 2.12, 10.1, 15.2, and 15.3 and by adding
6 Section 2.21 as follows:
 
7     (50 ILCS 750/2.12)  (from Ch. 134, par. 32.12)
8     Sec. 2.12. (a) For the purposes of this Act, "network
9 connections" means the number of voice grade communications
10 channels directly between a subscriber and a
11 telecommunications carrier's public switched network, without
12 the intervention of any other telecommunications carrier's
13 switched network, which would be required to carry the
14 subscriber's inter-premises traffic and which connection
15 either (1) is capable of providing access through the public
16 switched network to a 9-1-1 Emergency Telephone System if one
17 exists, or, (2) if no system exists at the time a surcharge is
18 imposed under Section 15.3 which would be capable of providing
19 access through the public switched network to the local 9-1-1
20 Emergency Telephone System if one existed.
21     (b) For the purposes of this Act, no telecommunications
22 carrier providing facilities-based local exchange
23 telecommunications service prior to January 1, 1986 shall be
24 required to offer or provide sophisticated 9-1-1 system
25 features such as selective call routing in any area where that
26 carrier's local switching facility does not have the capability
27 to do so.
28     (c) For the purposes of this Act, "telecommunication
29 carrier" does not include a cellular or other mobile
30 communication carrier.
31     (d) Where multiple voice grade communication channels are
32 connected to a telecommunication carrier's public switched

 

 

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1 network through a private branch exchange service (PBX), there
2 shall be determined to be one network connection for each trunk
3 line capable of transporting either the subscriber's
4 inter-premises traffic to the public switched network or the
5 subscriber's 9-1-1 calls to the public agency. Where multiple
6 voice grade communication channels are connected to a
7 telecommunication carrier's public switched network through
8 centrex type service, the number of network connections shall
9 be equal to the number of PBX trunk equivalents for the
10 subscriber's service, as determined by reference to any
11 generally applicable exchange access service tariff filed by
12 the subscriber's telecommunications carrier with the
13 Commission. Where multiple voice grade communication channels
14 are connected to a telecommunication carrier's public switched
15 network through a high-speed channelized service, there shall
16 be determined to be one network connection for each T-1
17 facility capable of transporting either the subscriber's
18 inter-premises traffic to the public switched network or the
19 subscriber's 9-1-1 calls to the public agency. This subsection
20 is not intended to make any change in the meaning of this
21 Section, but is intended to remove possible ambiguity, thereby
22 confirming the intent of paragraph (a) as it existed prior to
23 and following the effective date of this amendatory Act of
24 2002.
25 (Source: P.A. 92-557, eff. 1-1-03.)
 
26     (50 ILCS 750/2.21 new)
27     Sec. 2.21. High-speed channelized service. "High-speed
28 channelized service" means any advanced telecommunications
29 service system, such as, but not limited to, Digital Channel
30 Service (DCS) or ISDN PRI that is provisioned through the use
31 of T-1 facilities and that is capable of providing
32 communications between internal stations and external
33 networks.
 
34     (50 ILCS 750/10.1)  (from Ch. 134, par. 40.1)

 

 

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1     Sec. 10.1. Confidentiality.
2     (a) 9-1-1 information consisting of names, addresses and
3 telephone numbers of telephone customers whose listings are not
4 published in directories or listed in Directory Assistance
5 Offices is confidential. Except as provided in subsection (b),
6 information shall be provided on a call-by-call basis only for
7 the purpose of responding to emergency calls. For the purposes
8 of this subsection (a), "emergency" means a situation in which
9 property or human life is in jeopardy and the prompt
10 notification of the public safety agency is essential.
11     (b) 9-1-1 information, including information described in
12 subsection (a), may be used by a public safety agency for the
13 purpose of placing out-going emergency calls. No public agency,
14 public safety agency, emergency telephone system board, or unit
15 of local government assuming the duties of an emergency
16 telephone system board or telecommunications carrier or
17 supplier of a computerized warning system that utilizes
18 automatic out-going call devices or other telecommunication or
19 information service equipment and services to provide warnings
20 of impending or threatened emergencies, and no officer, agent,
21 or employee of any such public agency, public safety agency,
22 emergency telephone system board, or unit of local government
23 shall be liable for any civil damages as a result of any act or
24 omission, except willful or wanton misconduct, in connection
25 with placing out-going emergency calls.
26     (c) Nothing in this Section prohibits a municipality with a
27 population of more than 500,000 from using 9-1-1 information,
28 including information described in subsection (a), for the
29 purpose of responding to calls made to a non-emergency
30 telephone system that is under the supervision and control of a
31 public safety agency and that shares all or some facilities
32 with an emergency telephone system.
33     (d) Any public safety agency that uses 9-1-1 information
34 for the purposes of subsection (b) must establish methods and
35 procedures that ensure the confidentiality of information as
36 required by subsection (a).

 

 

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1     (e) Divulging confidential information in violation of
2 this Section is a Class A misdemeanor.
3 (Source: P.A. 92-383, eff. 1-1-02.)
 
4     (50 ILCS 750/15.2)  (from Ch. 134, par. 45.2)
5     Sec. 15.2. Criminal penalties.
6     (a) Any person calling the number "911" for the purpose of
7 making a false alarm or complaint and reporting false
8 information is subject to the provisions of Section 26-1 of the
9 Criminal Code of 1961.
10     (b) Any person who knowingly and without lawful
11 justification interrupts, verbally or physically obstructs,
12 prevents, disrupts, impedes, or otherwise interferes with
13 another person in making or completing a 9-1-1 call is subject
14 to the provisions of Section 26-2 of the Criminal Code of 1961.
15 (Source: P.A. 92-502, eff. 12-19-01.)
 
16     (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
17     Sec. 15.3. Surcharge.
18     (a) The corporate authorities of any municipality or any
19 county may, subject to the limitations of subsections (c), (d),
20 and (h), and in addition to any tax levied pursuant to the
21 Simplified Municipal Telecommunications Tax Act, impose a
22 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 municipality or county
26 imposing the surcharge at a rate per network connection
27 determined in accordance with subsection (c). Provided,
28 however, that where multiple voice grade communications
29 channels are connected between the subscriber's premises and a
30 public switched network through private branch exchange (PBX),
31 high-speed channelized service, or centrex type service, a
32 municipality imposing a surcharge at a rate per network
33 connection, as determined in accordance with this Act, shall
34 impose 5 such surcharges per network connection, as determined

 

 

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1 in accordance with subsections (a) and (d) of Section 2.12 of
2 this Act. For mobile telecommunications services, if a
3 surcharge is imposed it shall be imposed based upon the
4 municipality or county that encompasses the customer's place of
5 primary use as defined in the Mobile Telecommunications
6 Sourcing Conformity Act. A municipality may enter into an
7 intergovernmental agreement with any county in which it is
8 partially located, when the county has adopted an ordinance to
9 impose a surcharge as provided in subsection (c), to include
10 that portion of the municipality lying outside the county in
11 that county's surcharge referendum. If the county's surcharge
12 referendum is approved, the portion of the municipality
13 identified in the intergovernmental agreement shall
14 automatically be disconnected from the county in which it lies
15 and connected to the county which approved the referendum for
16 purposes of a surcharge on telecommunications carriers.
17     (b) For purposes of computing the surcharge imposed by
18 subsection (a), the network connections to which the surcharge
19 shall apply shall be those in-service network connections,
20 other than those network connections assigned to the
21 municipality or county, where the service address for each such
22 network connection or connections is located within the
23 corporate limits of the municipality or county levying the
24 surcharge. Except for mobile telecommunication services, the
25 "service address" shall mean the location of the primary use of
26 the network connection or connections. For mobile
27 telecommunication services, "service address" means the
28 customer's place of primary use as defined in the Mobile
29 Telecommunications Sourcing Conformity Act. With respect to
30 network connections provided for use with pay telephone
31 services for which there is no billed subscriber, the
32 telecommunications carrier providing the network connection
33 shall be deemed to be its own billed subscriber for purposes of
34 applying the surcharge.
35     (c) Upon the passage of an ordinance to impose a surcharge
36 under this Section the clerk of the municipality or county

 

 

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1 shall certify the question of whether the surcharge may be
2 imposed to the proper election authority who shall submit the
3 public question to the electors of the municipality or county
4 in accordance with the general election law; provided that such
5 question shall not be submitted at a consolidated primary
6 election. The public question shall be in substantially the
7 following form:
8 -------------------------------------------------------------
9     Shall the county (or city, village
10 or incorporated town) of ..... impose          YES
11 a surcharge of up to ...¢ per month per
12 network connection, which surcharge will
13 be added to the monthly bill you receive   ------------------
14 for telephone or telecommunications
15 charges, for the purpose of installing
16 (or improving) a 9-1-1 Emergency               NO
17 Telephone System?
18 -------------------------------------------------------------
19     If a majority of the votes cast upon the public question
20 are in favor thereof, the surcharge shall be imposed.
21     However, if a Joint Emergency Telephone System Board is to
22 be created pursuant to an intergovernmental agreement under
23 Section 15.4, the ordinance to impose the surcharge shall be
24 subject to the approval of a majority of the total number of
25 votes cast upon the public question by the electors of all of
26 the municipalities or counties, or combination thereof, that
27 are parties to the intergovernmental agreement.
28     The referendum requirement of this subsection (c) shall not
29 apply to any municipality with a population over 500,000 or to
30 any county in which a proposition as to whether a sophisticated
31 9-1-1 Emergency Telephone System should be installed in the
32 county, at a cost not to exceed a specified monthly amount per
33 network connection, has previously been approved by a majority
34 of the electors of the county voting on the proposition at an
35 election conducted before the effective date of this amendatory
36 Act of 1987.

 

 

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1     (d) A county may not impose a surcharge, unless requested
2 by a municipality, in any incorporated area which has
3 previously approved a surcharge as provided in subsection (c)
4 or in any incorporated area where the corporate authorities of
5 the municipality have previously entered into a binding
6 contract or letter of intent with a telecommunications carrier
7 to provide sophisticated 9-1-1 service through municipal
8 funds.
9     (e) A municipality or county may at any time by ordinance
10 change the rate of the surcharge imposed under this Section if
11 the new rate does not exceed the rate specified in the
12 referendum held pursuant to subsection (c).
13     (f) The surcharge authorized by this Section shall be
14 collected from the subscriber by the telecommunications
15 carrier providing the subscriber the network connection as a
16 separately stated item on the subscriber's bill.
17     (g) The amount of surcharge collected by the
18 telecommunications carrier shall be paid to the particular
19 municipality or county or Joint Emergency Telephone System
20 Board not later than 30 days after the surcharge is collected,
21 net of any network or other 9-1-1 or sophisticated 9-1-1 system
22 charges then due the particular telecommunications carrier, as
23 shown on an itemized bill. The telecommunications carrier
24 collecting the surcharge shall also be entitled to deduct 3% of
25 the gross amount of surcharge collected to reimburse the
26 telecommunications carrier for the expense of accounting and
27 collecting the surcharge.
28     (h) Except as expressly provided in subsection (a) of this
29 Section, a municipality with a population over 500,000 may not
30 impose a monthly surcharge in excess of $1.25 per network
31 connection.
32     (i) Any municipality or county or joint emergency telephone
33 system board that has imposed a surcharge pursuant to this
34 Section prior to the effective date of this amendatory Act of
35 1990 shall hereafter impose the surcharge in accordance with
36 subsection (b) of this Section.

 

 

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1     (j) The corporate authorities of any municipality or county
2 may issue, in accordance with Illinois law, bonds, notes or
3 other obligations secured in whole or in part by the proceeds
4 of the surcharge described in this Section. Notwithstanding any
5 change in law subsequent to the issuance of any bonds, notes or
6 other obligations secured by the surcharge, every municipality
7 or county issuing such bonds, notes or other obligations shall
8 be authorized to impose the surcharge as though the laws
9 relating to the imposition of the surcharge in effect at the
10 time of issuance of the bonds, notes or other obligations were
11 in full force and effect until the bonds, notes or other
12 obligations are paid in full. The State of Illinois pledges and
13 agrees that it will not limit or alter the rights and powers
14 vested in municipalities and counties by this Section to impose
15 the surcharge so as to impair the terms of or affect the
16 security for bonds, notes or other obligations secured in whole
17 or in part with the proceeds of the surcharge described in this
18 Section.
19     (k) Any surcharge collected by or imposed on a
20 telecommunications carrier pursuant to this Section shall be
21 held to be a special fund in trust for the municipality, county
22 or Joint Emergency Telephone Board imposing the surcharge.
23 Except for the 3% deduction provided in subsection (g) above,
24 the special fund shall not be subject to the claims of
25 creditors of the telecommunication carrier.
26 (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557,
27 eff. 1-1-03; revised 10-2-02.)
 
28     Section 10. The Criminal Code of 1961 is amended by
29 changing Section 26-2 as follows:
 
30     (720 ILCS 5/26-2)  (from Ch. 38, par. 26-2)
31     Sec. 26-2. Interference with emergency communication.
32     (a) A person commits the offense of interference with
33 emergency communication when he or she knowingly,
34 intentionally and without lawful justification interrupts,

 

 

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1 verbally or physically obstructs, prevents, disrupts, impedes,
2 or otherwise interferes with the transmission of an emergency a
3 communication over a citizens band radio channel, the purpose
4 of which communication is to inform or inquire about an
5 emergency.
6     (b) For the purpose of this Section, "emergency" means: (1)
7 a condition or circumstance in which an individual is or is
8 reasonably believed by the person transmitting the
9 communication to be in imminent danger of serious bodily injury
10 or in which property is or is reasonably believed by the person
11 transmitting the communication to be in imminent danger of
12 damage or destruction or (2) the report of a crime to a law
13 enforcement agency; and "emergency communication" means a
14 9-1-1 emergency telephone call, an emergency telephone call to
15 another emergency number established by a public agency for
16 making emergency calls, or an emergency communicated over a
17 radio frequency.
18     (c) Sentence.
19         (1) Interference with emergency communication is a
20     Class B misdemeanor, except as otherwise provided in
21     paragraph (2).
22         (2) Interference with emergency communication, where
23     serious bodily injury or property loss in excess of $1,000
24     results, is a Class A misdemeanor.
25 (Source: P.A. 82-418.)
 
26     (50 ILCS 750/13 rep.)  (from Ch. 134, par. 43)
27     Section 90. The Emergency Telephone System Act is amended
28 by repealing Section 13.
 
29     Section 99. Effective date. This Act takes effect upon
30 becoming law.