Bill Amendment: IL HB3940 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EMERGENCY TELEPHONE SYSTEMS
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0366 [HB3940 Detail]
Download: Illinois-2023-HB3940-Senate_Amendment_001.html
Bill Title: EMERGENCY TELEPHONE SYSTEMS
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0366 [HB3940 Detail]
Download: Illinois-2023-HB3940-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3940
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2 | AMENDMENT NO. ______. Amend House Bill 3940 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "(30 ILCS 105/5.531 rep.)
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5 | Section 5. The State Finance Act is amended by repealing | ||||||
6 | Section 5.531.
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7 | Section 10. The Emergency Telephone System Act is amended | ||||||
8 | by changing Sections 2, 3, 6.2, 11.5, 14, 15.2, 15.3, 15.3a, | ||||||
9 | 15.4, 15.4b, 15.5, 20, 30, 35, 40, 50, and 99 as follows:
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10 | (50 ILCS 750/2) (from Ch. 134, par. 32)
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11 | (Section scheduled to be repealed on December 31, 2023)
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12 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
13 | context otherwise requires: | ||||||
14 | "9-1-1 network" means the network used for the delivery of | ||||||
15 | 9-1-1 calls and messages over dedicated and redundant |
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1 | facilities to a primary or backup 9-1-1 PSAP that meets the | ||||||
2 | appropriate grade of service. | ||||||
3 | "9-1-1 system" means the geographic area that has been | ||||||
4 | granted an order of authority by the Commission or the | ||||||
5 | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | ||||||
6 | emergency telephone number, including, but not limited to, the | ||||||
7 | network, software applications, databases, CPE components and | ||||||
8 | operational and management procedures required to provide | ||||||
9 | 9-1-1 service. | ||||||
10 | "9-1-1 Authority" means an Emergency Telephone System | ||||||
11 | Board or Joint Emergency Telephone System Board that provides | ||||||
12 | for the management and operation of a 9-1-1 system. "9-1-1 | ||||||
13 | Authority" includes the Illinois State Police only to the | ||||||
14 | extent it provides 9-1-1 services under this Act. | ||||||
15 | "9-1-1 System Manager" means the manager, director, | ||||||
16 | administrator, or coordinator who at the direction of his or | ||||||
17 | her Emergency Telephone System Board is responsible for the | ||||||
18 | implementation and execution of the order of authority issued | ||||||
19 | by the Commission or the Statewide 9-1-1 Administrator through | ||||||
20 | the programs, policies, procedures, and daily operations of | ||||||
21 | the 9-1-1 system consistent with the provisions of this Act. | ||||||
22 | "Administrator" means the Statewide 9-1-1 Administrator. | ||||||
23 | "Advanced service" means any telecommunications service | ||||||
24 | with or without dynamic bandwidth allocation, including, but | ||||||
25 | not limited to, ISDN Primary Rate Interface (PRI), that, | ||||||
26 | through the use of a DS-1, T-1, or other un-channelized or |
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1 | multi-channel transmission facility, is capable of | ||||||
2 | transporting either the subscriber's inter-premises voice | ||||||
3 | telecommunications services to the public switched network or | ||||||
4 | the subscriber's 9-1-1 calls to the public agency. | ||||||
5 | "Aggregator" means an entity that ingresses 9-1-1 calls of | ||||||
6 | multiple traffic types or 9-1-1 calls from multiple | ||||||
7 | originating service providers and combines them on a trunk | ||||||
8 | group or groups (or equivalent egress connection arrangement | ||||||
9 | to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or | ||||||
10 | system), and that uses the routing information provided in the | ||||||
11 | received call setup signaling to select the appropriate trunk | ||||||
12 | group and proceeds to signal call setup toward the 9-1-1 | ||||||
13 | system provider. "Aggregator" includes an originating service | ||||||
14 | provider that provides aggregation functions for its own 9-1-1 | ||||||
15 | calls. "Aggregator" also includes an aggregation network or an | ||||||
16 | aggregation entity that provides aggregator services for other | ||||||
17 | types of system providers, such as cloud-based services or | ||||||
18 | enterprise networks as its client. | ||||||
19 | "ALI" or "automatic location identification" means the | ||||||
20 | automatic display at the public safety answering point of the | ||||||
21 | address or location of the caller's telephone and | ||||||
22 | supplementary emergency services information of the location | ||||||
23 | from which a call originates. | ||||||
24 | "ANI" or "automatic number identification" means the | ||||||
25 | automatic display of the 10-digit telephone number associated | ||||||
26 | with the caller's telephone number. |
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1 | "Automatic alarm" and "automatic alerting device" mean any | ||||||
2 | device that will access the 9-1-1 system for emergency | ||||||
3 | services upon activation and does not provide for two-way | ||||||
4 | communication. | ||||||
5 | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned | ||||||
6 | Backup Answering Point, or VAP. | ||||||
7 | "Authorized entity" means an answering point or | ||||||
8 | participating agency other than a decommissioned PSAP. | ||||||
9 | "Backup PSAP" means an answering point that meets the | ||||||
10 | appropriate standards of service and serves as an alternate to | ||||||
11 | the PSAP operating independently from the PSAP at a different | ||||||
12 | location that has the capability to direct dispatch for the | ||||||
13 | PSAP or otherwise transfer emergency calls directly to an | ||||||
14 | authorized entity. A backup PSAP may accept overflow calls | ||||||
15 | from the PSAP or be activated if the primary PSAP is disabled. | ||||||
16 | "Board" means an Emergency Telephone System Board or a | ||||||
17 | Joint Emergency Telephone System Board created pursuant to | ||||||
18 | Section 15.4. | ||||||
19 | "Call back number" means a number used by a PSAP to | ||||||
20 | recontact a location from which a 9-1-1 call was placed, | ||||||
21 | regardless of whether that number is a direct-dial number for | ||||||
22 | a station used to originate a 9-1-1 call. | ||||||
23 | "Carrier" includes a telecommunications carrier and a | ||||||
24 | wireless carrier. | ||||||
25 | "Commission" means the Illinois Commerce Commission. | ||||||
26 | "Computer aided dispatch" or "CAD" means a computer-based |
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1 | system that aids public safety telecommunicators by automating | ||||||
2 | selected dispatching and recordkeeping activities. | ||||||
3 | "Direct dispatch" means a 9-1-1 service wherein upon | ||||||
4 | receipt of an emergency call, a public safety telecommunicator | ||||||
5 | transmits - without delay, transfer, relay, or referral - all | ||||||
6 | relevant available information to the appropriate public | ||||||
7 | safety personnel or emergency responders. | ||||||
8 | "Dispatchable location" means the street address of a | ||||||
9 | 9-1-1 caller and additional information, such as room number, | ||||||
10 | floor number, or similar information, necessary to identify | ||||||
11 | the location of the 9-1-1 caller. | ||||||
12 | "Decommissioned" means the revocation of a PSAPs authority | ||||||
13 | to handle 9-1-1 calls as an answering point within the 9-1-1 | ||||||
14 | network. | ||||||
15 | "DS-1, T-1, or similar un-channelized or multi-channel | ||||||
16 | transmission facility" means a facility that can transmit and | ||||||
17 | receive a bit rate of at least 1.544 megabits per second | ||||||
18 | (Mbps). | ||||||
19 | "Dynamic bandwidth allocation" means the ability of the | ||||||
20 | facility or customer to drop and add channels, or adjust | ||||||
21 | bandwidth, when needed in real time for voice or data | ||||||
22 | purposes. | ||||||
23 | "Emergency call" means any type of request for emergency | ||||||
24 | assistance through a 9-1-1 network either to the digits 9-1-1 | ||||||
25 | or the emergency 24/7 10-digit telephone number for all | ||||||
26 | answering points. An emergency call is not limited to a voice |
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1 | telephone call. It could be a two-way video call, an | ||||||
2 | interactive text, Teletypewriter (TTY), an SMS, an Instant | ||||||
3 | Message, or any new mechanism for communications available in | ||||||
4 | the future. An emergency call occurs when the request for | ||||||
5 | emergency assistance is received by a public safety | ||||||
6 | telecommunicator. | ||||||
7 | "EMS personnel" has the meaning given to that term in | ||||||
8 | Section 3.5 of the Emergency Medical Services (EMS) Systems | ||||||
9 | Act. | ||||||
10 | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that | ||||||
11 | includes network switching, database and PSAP premise elements | ||||||
12 | capable of providing automatic location identification data, | ||||||
13 | selective routing, selective transfer, fixed transfer, and a | ||||||
14 | call back number, including any enhanced 9-1-1 service so | ||||||
15 | designated by the Federal Communications Commission in its | ||||||
16 | report and order in WC Dockets Nos. 04-36 and 05-196, or any | ||||||
17 | successor proceeding. | ||||||
18 | "ETSB" means an emergency telephone system board appointed | ||||||
19 | by the corporate authorities of any county or municipality | ||||||
20 | that provides for the management and operation of a 9-1-1 | ||||||
21 | system. | ||||||
22 | "First responder" means someone designated by a public | ||||||
23 | safety agency who is charged with responding to emergency | ||||||
24 | service requests, including emergency communications | ||||||
25 | professionals, public safety telecommunicators, public safety | ||||||
26 | telecommunicator supervisors, and police, fire, and EMS |
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1 | personnel who operate in the field. | ||||||
2 | "Grade of service" means P.01 for E9-1-1 enhanced 9-1-1 | ||||||
3 | services or the equivalent for NENA Baseline NG9-1-1 as set | ||||||
4 | forth in the NENA i3 Solution adopted standard for NG9-1-1 . | ||||||
5 | "Hearing-impaired individual" means a person with a | ||||||
6 | permanent hearing loss who can regularly and routinely | ||||||
7 | communicate by telephone only through the aid of devices which | ||||||
8 | can send and receive written messages over the telephone | ||||||
9 | network. | ||||||
10 | "Hosted supplemental 9-1-1 service" means a database | ||||||
11 | service that: | ||||||
12 | (1) electronically provides information to 9-1-1 call | ||||||
13 | takers when a call is placed to 9-1-1; | ||||||
14 | (2) allows telephone subscribers to provide | ||||||
15 | information to 9-1-1 to be used in emergency scenarios; | ||||||
16 | (3) collects a variety of formatted data relevant to | ||||||
17 | 9-1-1 and first responder needs, which may include, but is | ||||||
18 | not limited to, photographs of the telephone subscribers, | ||||||
19 | physical descriptions, medical information, household | ||||||
20 | data, and emergency contacts; | ||||||
21 | (4) allows for information to be entered by telephone | ||||||
22 | subscribers through a secure website where they can elect | ||||||
23 | to provide as little or as much information as they | ||||||
24 | choose; | ||||||
25 | (5) automatically displays data provided by telephone | ||||||
26 | subscribers to 9-1-1 call takers for all types of |
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1 | telephones when a call is placed to 9-1-1 from a | ||||||
2 | registered and confirmed phone number; | ||||||
3 | (6) supports the delivery of telephone subscriber | ||||||
4 | information through a secure internet connection to all | ||||||
5 | emergency telephone system boards; | ||||||
6 | (7) works across all 9-1-1 call taking equipment and | ||||||
7 | allows for the easy transfer of information into a | ||||||
8 | computer aided dispatch system; and | ||||||
9 | (8) may be used to collect information pursuant to an | ||||||
10 | Illinois Premise Alert Program as defined in the Illinois | ||||||
11 | Premise Alert Program (PAP) Act. | ||||||
12 | "Interconnected voice over Internet protocol provider" or | ||||||
13 | "Interconnected VoIP provider" has the meaning given to that | ||||||
14 | term under Section 13-235 of the Public Utilities Act. | ||||||
15 | "Joint ETSB" means a Joint Emergency Telephone System | ||||||
16 | Board established by intergovernmental agreement of two or | ||||||
17 | more municipalities or counties, or a combination thereof, to | ||||||
18 | provide for the management and operation of a 9-1-1 system. | ||||||
19 | "Key telephone system" means a type of MLTS designed to | ||||||
20 | provide shared access to several outside lines through buttons | ||||||
21 | or keys typically offering identified access lines with direct | ||||||
22 | line appearance or termination on a given telephone set. | ||||||
23 | "Local public agency" means any unit of local government | ||||||
24 | or special purpose district located in whole or in part within | ||||||
25 | this State that provides or has authority to provide | ||||||
26 | firefighting, police, ambulance, medical, or other emergency |
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1 | services. | ||||||
2 | "Mechanical dialer" means any device that accesses the | ||||||
3 | 9-1-1 system without human intervention and does not provide | ||||||
4 | for two-way communication. | ||||||
5 | "Master Street Address Guide" or "MSAG" is a database of | ||||||
6 | street names and house ranges within their associated | ||||||
7 | communities defining emergency service zones (ESZs) and their | ||||||
8 | associated emergency service numbers (ESNs) to enable proper | ||||||
9 | routing of 9-1-1 calls. | ||||||
10 | "Mobile telephone number" or "MTN" means the telephone | ||||||
11 | number assigned to a wireless telephone at the time of initial | ||||||
12 | activation. | ||||||
13 | "Multi-line telephone system" or "MLTS" means a system | ||||||
14 | that is comprised of a common control unit or units, telephone | ||||||
15 | sets, control hardware and software, and adjunct systems and | ||||||
16 | that enables users to make and receive telephone calls using | ||||||
17 | shared resources, such as telephone network trunks or data | ||||||
18 | link bandwidth. The terms "multi-line telephone system" and | ||||||
19 | "MLTS" include, but are not limited to: network-based and | ||||||
20 | premises-based systems, such as Centrex service; | ||||||
21 | premises-based, hosted, and cloud-based VoIP systems; PBX, | ||||||
22 | hybrid, and key telephone systems (as classified by the | ||||||
23 | Federal Communications Commission under 47 CFR Part 68 or any | ||||||
24 | successor rules); and systems owned or leased by governmental | ||||||
25 | agencies, nonprofit entities, and for-profit businesses. | ||||||
26 | "Network connections" means the number of voice grade |
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1 | communications channels directly between a subscriber and a | ||||||
2 | telecommunications carrier's public switched network, without | ||||||
3 | the intervention of any other telecommunications carrier's | ||||||
4 | switched network, which would be required to carry the | ||||||
5 | subscriber's inter-premises traffic and which connection | ||||||
6 | either (1) is capable of providing access through the public | ||||||
7 | switched network to a 9-1-1 Emergency Telephone System, if one | ||||||
8 | exists, or (2) if no system exists at the time a surcharge is | ||||||
9 | imposed under Section 15.3, that would be capable of providing | ||||||
10 | access through the public switched network to the local 9-1-1 | ||||||
11 | Emergency Telephone System if one existed. Where multiple | ||||||
12 | voice grade communications channels are connected to a | ||||||
13 | telecommunications carrier's public switched network through a | ||||||
14 | private branch exchange (PBX) service, there shall be | ||||||
15 | determined to be one network connection for each trunk line | ||||||
16 | capable of transporting either the subscriber's inter-premises | ||||||
17 | traffic to the public switched network or the subscriber's | ||||||
18 | 9-1-1 calls to the public agency. Where multiple voice grade | ||||||
19 | communications channels are connected to an OSP's public | ||||||
20 | switched network through Centrex type service, the number of | ||||||
21 | network connections shall be equal to the number of PBX trunk | ||||||
22 | equivalents for the subscriber's service or other multiple | ||||||
23 | voice grade communication channels facility, as determined by | ||||||
24 | reference to any generally applicable exchange access service | ||||||
25 | tariff filed by the subscriber's telecommunications carrier | ||||||
26 | with the Commission. |
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1 | "Network costs" means those recurring costs that directly | ||||||
2 | relate to the operation of the 9-1-1 network as determined by | ||||||
3 | the Statewide 9-1-1 Administrator with the advice of the | ||||||
4 | Statewide 9-1-1 Advisory Board, which may include, but need | ||||||
5 | not be limited to, some or all of the following: costs for | ||||||
6 | interoffice trunks, selective routing charges, transfer lines | ||||||
7 | and toll charges for 9-1-1 services, Automatic Location | ||||||
8 | Information (ALI) database charges, independent local exchange | ||||||
9 | carrier charges and non-system provider charges, carrier | ||||||
10 | charges for third party database for on-site customer premises | ||||||
11 | equipment, back-up PSAP trunks for non-system providers, | ||||||
12 | periodic database updates as provided by carrier (also known | ||||||
13 | as "ALI data dump"), regional ALI storage charges, circuits | ||||||
14 | for call delivery (fiber or circuit connection), NG9-1-1 | ||||||
15 | costs, and all associated fees, taxes, and surcharges on each | ||||||
16 | invoice. "Network costs" shall not include radio circuits or | ||||||
17 | toll charges that are other than for 9-1-1 services. | ||||||
18 | "Next generation 9-1-1" or "NG9-1-1" means a secure | ||||||
19 | Internet Protocol-based (IP-based) open-standards system | ||||||
20 | comprised of hardware, software, data, and operational | ||||||
21 | policies and procedures that: | ||||||
22 | (A) provides standardized interfaces from | ||||||
23 | emergency call and message services to support | ||||||
24 | emergency communications; | ||||||
25 | (B) processes all types of emergency calls, | ||||||
26 | including voice, text, data, and multimedia |
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1 | information; | ||||||
2 | (C) acquires and integrates additional emergency | ||||||
3 | call data useful to call routing and handling; | ||||||
4 | (D) delivers the emergency calls, messages, and | ||||||
5 | data to the appropriate public safety answering point | ||||||
6 | and other appropriate emergency entities based on the | ||||||
7 | location of the caller; | ||||||
8 | (E) supports data, video, and other communications | ||||||
9 | needs for coordinated incident response and | ||||||
10 | management; and | ||||||
11 | (F) interoperates with services and networks used | ||||||
12 | by first responders to facilitate emergency response. | ||||||
13 | "NG9-1-1 costs" means those recurring costs that directly | ||||||
14 | relate to the Next Generation 9-1-1 service as determined by | ||||||
15 | the Statewide 9-1-1 Administrator with the advice of the | ||||||
16 | Statewide 9-1-1 Advisory Board, which may include, but need | ||||||
17 | not be limited to, costs for NENA i3 Core Components (Border | ||||||
18 | Control Function (BCF), Emergency Call Routing Function | ||||||
19 | (ECRF), Location Validation Function (LVF), Emergency Services | ||||||
20 | Routing Proxy (ESRP), Policy Store/Policy Routing Functions | ||||||
21 | (PSPRF), and Location Information Servers (LIS)), Statewide | ||||||
22 | ESInet, software external to the PSAP (data collection, | ||||||
23 | identity management, aggregation, and GIS functionality), and | ||||||
24 | gateways (legacy 9-1-1 tandems or gateways or both). | ||||||
25 | "Originating service provider" or "OSP" means the entity | ||||||
26 | that provides services to end users that may be used to |
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1 | originate voice or nonvoice 9-1-1 requests for assistance and | ||||||
2 | who would interconnect, in any of various fashions, to the | ||||||
3 | 9-1-1 system provider for purposes of delivering 9-1-1 traffic | ||||||
4 | to the public safety answering points. | ||||||
5 | "Private branch exchange" or "PBX" means a private | ||||||
6 | telephone system and associated equipment located on the | ||||||
7 | user's property that provides communications between internal | ||||||
8 | stations and external networks. | ||||||
9 | "Private business switch service" means network and | ||||||
10 | premises based systems including a VoIP, Centrex type service, | ||||||
11 | or PBX service, even though key telephone systems or | ||||||
12 | equivalent telephone systems registered with the Federal | ||||||
13 | Communications Commission under 47 CFR Part 68 are directly | ||||||
14 | connected to Centrex type and PBX systems. "Private business | ||||||
15 | switch service" does not include key telephone systems or | ||||||
16 | equivalent telephone systems registered with the Federal | ||||||
17 | Communications Commission under 47 CFR Part 68 when not used | ||||||
18 | in conjunction with a VoIP, Centrex type, or PBX systems. | ||||||
19 | "Private business switch service" typically includes, but is | ||||||
20 | not limited to, private businesses, corporations, and | ||||||
21 | industries where the telecommunications service is primarily | ||||||
22 | for conducting business. | ||||||
23 | "Private residential switch service" means network and | ||||||
24 | premise based systems including a VoIP, Centrex type service, | ||||||
25 | or PBX service or key telephone systems or equivalent | ||||||
26 | telephone systems registered with the Federal Communications |
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1 | Commission under 47 CFR Part 68 that are directly connected to | ||||||
2 | a VoIP, Centrex type service, or PBX systems equipped for | ||||||
3 | switched local network connections or 9-1-1 system access to | ||||||
4 | residential end users through a private telephone switch. | ||||||
5 | "Private residential switch service" does not include key | ||||||
6 | telephone systems or equivalent telephone systems registered | ||||||
7 | with the Federal Communications Commission under 47 CFR Part | ||||||
8 | 68 when not used in conjunction with a VoIP, Centrex type, or | ||||||
9 | PBX systems. "Private residential switch service" typically | ||||||
10 | includes, but is not limited to, apartment complexes, | ||||||
11 | condominiums, and campus or university environments where | ||||||
12 | shared tenant service is provided and where the usage of the | ||||||
13 | telecommunications service is primarily residential. | ||||||
14 | "Public agency" means the State, and any unit of local | ||||||
15 | government or special purpose district located in whole or in | ||||||
16 | part within this State, that provides or has authority to | ||||||
17 | provide firefighting, police, ambulance, medical, or other | ||||||
18 | emergency services. | ||||||
19 | "Public safety agency" means a functional division of a | ||||||
20 | public agency that provides firefighting, police, medical, or | ||||||
21 | other emergency services to respond to and manage emergency | ||||||
22 | incidents. For the purpose of providing wireless service to | ||||||
23 | users of 9-1-1 emergency services, as expressly provided for | ||||||
24 | in this Act, the Illinois State Police may be considered a | ||||||
25 | public safety agency. | ||||||
26 | "Public safety answering point" or "PSAP" means the |
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1 | primary answering location of an emergency call that meets the | ||||||
2 | appropriate standards of service and is responsible for | ||||||
3 | receiving and processing those calls and events according to a | ||||||
4 | specified operational policy. | ||||||
5 | "PSAP representative" means the manager or supervisor of a | ||||||
6 | Public Safety Answering Point (PSAP) who oversees the daily | ||||||
7 | operational functions and is responsible for the overall | ||||||
8 | management and administration of the PSAP. | ||||||
9 | "Public safety telecommunicator" means any person employed | ||||||
10 | in a full-time or part-time capacity at an answering point | ||||||
11 | whose duties or responsibilities include answering, receiving, | ||||||
12 | or transferring an emergency call for dispatch to the | ||||||
13 | appropriate emergency responder. | ||||||
14 | "Public safety telecommunicator supervisor" means any | ||||||
15 | person employed in a full-time or part-time capacity at an | ||||||
16 | answering point or by a 9-1-1 Authority, whose primary duties | ||||||
17 | or responsibilities are to direct, administer, or manage any | ||||||
18 | public safety telecommunicator and whose responsibilities | ||||||
19 | include answering, receiving, or transferring an emergency | ||||||
20 | call for dispatch to the appropriate emergency responders. | ||||||
21 | "Referral" means a 9-1-1 service in which the public | ||||||
22 | safety telecommunicator provides the calling party with the | ||||||
23 | telephone number of the appropriate public safety agency or | ||||||
24 | other provider of emergency services. | ||||||
25 | "Regular service" means any telecommunications service, | ||||||
26 | other than advanced service, that is capable of transporting |
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1 | either the subscriber's inter-premises voice | ||||||
2 | telecommunications services to the public switched network or | ||||||
3 | the subscriber's 9-1-1 calls to the public agency. | ||||||
4 | "Relay" means a 9-1-1 service in which the public safety | ||||||
5 | telecommunicator takes the pertinent information from a caller | ||||||
6 | and relays that information to the appropriate public safety | ||||||
7 | agency or other provider of emergency services. | ||||||
8 | "Remit period" means the billing period, one month in | ||||||
9 | duration, for which a wireless carrier remits a surcharge and | ||||||
10 | provides subscriber information by zip code to the Illinois | ||||||
11 | State Police, in accordance with Section 20 of this Act. | ||||||
12 | "Secondary Answering Point" or "SAP" means a location, | ||||||
13 | other than a PSAP, that is able to receive the voice, data, and | ||||||
14 | call back number of E9-1-1 or NG9-1-1 emergency calls | ||||||
15 | transferred from a PSAP and completes the call taking process | ||||||
16 | by dispatching police, medical, fire, or other emergency | ||||||
17 | responders. | ||||||
18 | "Shared residential MLTS service" means the use of one or | ||||||
19 | more MLTS or MLTS services to provide telephone service to | ||||||
20 | residential facilities, including, but not limited to, | ||||||
21 | single-family dwellings and multi-family dwellings, such as | ||||||
22 | apartments, even if the service is not individually billed. | ||||||
23 | "Shared telecommunications services" means the provision | ||||||
24 | of telecommunications and information management services and | ||||||
25 | equipment within a user group located in discrete private | ||||||
26 | premises in building complexes, campuses, or high-rise |
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1 | buildings by a commercial shared services provider or by a | ||||||
2 | user association, through privately owned customer premises | ||||||
3 | equipment and associated data processing and information | ||||||
4 | management services. The term "shared telecommunications | ||||||
5 | services" includes the provisioning of connections to the | ||||||
6 | facilities of a local exchange carrier or an interexchange | ||||||
7 | carrier. | ||||||
8 | "Statewide wireless emergency 9-1-1 system" means all | ||||||
9 | areas of the State where an emergency telephone system board | ||||||
10 | has not declared its intention for one or more of its public | ||||||
11 | safety answering points to serve as a primary wireless 9-1-1 | ||||||
12 | public safety answering point for its jurisdiction. The | ||||||
13 | operator of the statewide wireless emergency 9-1-1 system | ||||||
14 | shall be the Illinois State Police. | ||||||
15 | "System" means the communications equipment and related | ||||||
16 | software applications required to produce a response by the | ||||||
17 | appropriate emergency public safety agency or other provider | ||||||
18 | of emergency services as a result of an emergency call being | ||||||
19 | placed to 9-1-1. | ||||||
20 | "System provider" means the contracted entity providing | ||||||
21 | 9-1-1 network and database services. | ||||||
22 | "Telecommunications carrier" means those entities included | ||||||
23 | within the definition specified in Section 13-202 of the | ||||||
24 | Public Utilities Act, and includes those carriers acting as | ||||||
25 | resellers of telecommunications services. "Telecommunications | ||||||
26 | carrier" includes telephone systems operating as mutual |
| |||||||
| |||||||
1 | concerns. "Telecommunications carrier" does not include a | ||||||
2 | wireless carrier. | ||||||
3 | "Telecommunications technology" means equipment that can | ||||||
4 | send and receive written messages over the telephone network. | ||||||
5 | "Temporary residence MLTS" means the use of a MLTS or MLTS | ||||||
6 | service to provide telephone service to occupants of temporary | ||||||
7 | or transient dwellings, including, but not limited to, | ||||||
8 | dormitories, hotels, motels, health care facilities, and | ||||||
9 | nursing homes, or other similar facilities. | ||||||
10 | "Transfer" means a 9-1-1 service in which the public | ||||||
11 | safety telecommunicator, who receives an emergency call, | ||||||
12 | transmits, redirects, or conferences that call to the | ||||||
13 | appropriate public safety agency or other provider of | ||||||
14 | emergency services. "Transfer" shall not include a relay or | ||||||
15 | referral of the information without transferring the caller. | ||||||
16 | "Transmitting messages" shall have the meaning given to | ||||||
17 | that term under Section 8-11-2 of the Illinois Municipal Code. | ||||||
18 | "Trunk line" means a transmission path, or group of | ||||||
19 | transmission paths, connecting a subscriber's PBX to a | ||||||
20 | telecommunications carrier's public switched network. In the | ||||||
21 | case of regular service, each voice grade communications | ||||||
22 | channel or equivalent amount of bandwidth capable of | ||||||
23 | transporting either the subscriber's inter-premises voice | ||||||
24 | telecommunications services to the public switched network or | ||||||
25 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
26 | considered a trunk line, even if it is bundled with other |
| |||||||
| |||||||
1 | channels or additional bandwidth. In the case of advanced | ||||||
2 | service, each DS-1, T-1, or other un-channelized or | ||||||
3 | multi-channel transmission facility that is capable of | ||||||
4 | transporting either the subscriber's inter-premises voice | ||||||
5 | telecommunications services to the public switched network or | ||||||
6 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
7 | considered a single trunk line, even if it contains multiple | ||||||
8 | voice grade communications channels or otherwise supports 2 or | ||||||
9 | more voice grade calls at a time; provided, however, that each | ||||||
10 | additional increment of up to 24 voice grade channels of | ||||||
11 | transmission capacity that is capable of transporting either | ||||||
12 | the subscriber's inter-premises voice telecommunications | ||||||
13 | services to the public switched network or the subscriber's | ||||||
14 | 9-1-1 calls to the public agency shall be considered an | ||||||
15 | additional trunk line. | ||||||
16 | "Unmanned backup answering point" means an answering point | ||||||
17 | that serves as an alternate to the PSAP at an alternate | ||||||
18 | location and is typically unmanned but can be activated if the | ||||||
19 | primary PSAP is disabled. | ||||||
20 | "Virtual answering point" or "VAP" means a temporary or | ||||||
21 | nonpermanent location that is capable of receiving an | ||||||
22 | emergency call, contains a fully functional worksite that is | ||||||
23 | not bound to a specific location, but rather is portable and | ||||||
24 | scalable, connecting public safety telecommunicators to the | ||||||
25 | work process, and is capable of completing the call | ||||||
26 | dispatching process. |
| |||||||
| |||||||
1 | "Voice-impaired individual" means a person with a | ||||||
2 | permanent speech disability which precludes oral | ||||||
3 | communication, who can regularly and routinely communicate by | ||||||
4 | telephone only through the aid of devices which can send and | ||||||
5 | receive written messages over the telephone network. | ||||||
6 | "Wireless carrier" means a provider of two-way cellular, | ||||||
7 | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | ||||||
8 | Mobile Radio Service (CMRS), Wireless Communications Service | ||||||
9 | (WCS), or other Commercial Mobile Radio Service (CMRS), as | ||||||
10 | defined by the Federal Communications Commission, offering | ||||||
11 | radio communications that may provide fixed, mobile, radio | ||||||
12 | location, or satellite communication services to individuals | ||||||
13 | or businesses within its assigned spectrum block and | ||||||
14 | geographical area or that offers real-time, two-way voice | ||||||
15 | service that is interconnected with the public switched | ||||||
16 | network, including a reseller of such service. | ||||||
17 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
18 | telephone number of the originator of a 9-1-1 call and | ||||||
19 | location information from any mobile handset or text telephone | ||||||
20 | device accessing the wireless system to the designated | ||||||
21 | wireless public safety answering point as set forth in the | ||||||
22 | order of the Federal Communications Commission, FCC Docket No. | ||||||
23 | 94-102, adopted June 12, 1996, with an effective date of | ||||||
24 | October 1, 1996, and any subsequent amendment thereto. | ||||||
25 | "Wireless public safety answering point" means the | ||||||
26 | functional division of a 9-1-1 authority accepting wireless |
| |||||||
| |||||||
1 | 9-1-1 calls. | ||||||
2 | "Wireless subscriber" means an individual or entity to | ||||||
3 | whom a wireless service account or number has been assigned by | ||||||
4 | a wireless carrier, other than an account or number associated | ||||||
5 | with prepaid wireless telecommunication service.
| ||||||
6 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
7 | 102-813, eff. 5-13-22; 102-983, eff. 5-27-22.)
| ||||||
8 | (50 ILCS 750/3) (from Ch. 134, par. 33)
| ||||||
9 | (Section scheduled to be repealed on December 31, 2023)
| ||||||
10 | Sec. 3.
(a) By July 1, 2017, every local public agency | ||||||
11 | shall be within the jurisdiction of a 9-1-1 system.
| ||||||
12 | (b) Within 36 18 months of the awarding of a contract to a | ||||||
13 | vendor certified under Section 13-900 of the Public Utilities | ||||||
14 | Act to provide Next Generation 9-1-1 service, every 9-1-1 | ||||||
15 | system in Illinois, except in a municipality with a population | ||||||
16 | over 500,000, shall provide Next Generation 9-1-1 service. A | ||||||
17 | municipality with a population over 500,000 shall provide Next | ||||||
18 | Generation 9-1-1 service by July 1, 2024 December 31, 2023 . | ||||||
19 | (c) Nothing in this Act shall be construed to prohibit or
| ||||||
20 | discourage in any way the formation of multijurisdictional or | ||||||
21 | regional
systems, and any system established pursuant to this | ||||||
22 | Act may include the
territory of more than one public agency or | ||||||
23 | may include a segment of the
territory of a public agency.
| ||||||
24 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
|
| |||||||
| |||||||
1 | (50 ILCS 750/6.2) | ||||||
2 | (Section scheduled to be repealed on December 31, 2023) | ||||||
3 | Sec. 6.2. Every 9-1-1 system shall be able to accept text | ||||||
4 | to 9-1-1 no later than July 1, 2024 January 1, 2023 . The | ||||||
5 | Illinois State Police shall adopt rules for the implementation | ||||||
6 | of this Section.
| ||||||
7 | (Source: P.A. 102-9, eff. 6-3-21.)
| ||||||
8 | (50 ILCS 750/11.5) | ||||||
9 | (Section scheduled to be repealed on December 31, 2023) | ||||||
10 | Sec. 11.5. Aggregator and originating service provider | ||||||
11 | responsibilities. | ||||||
12 | (a) Each aggregator, and the originating service providers | ||||||
13 | whose 9-1-1 calls are being aggregated by the aggregator, | ||||||
14 | shall comply with their respective requirements in 83 Ill. | ||||||
15 | Adm. Code 725.410. | ||||||
16 | (b) Beginning February 1, 2024 and every February 1 | ||||||
17 | thereafter July 1, 2021 , each aggregator that is operating | ||||||
18 | within the State must submit email the Office of the Statewide | ||||||
19 | 9-1-1 Administrator to provide the following information that | ||||||
20 | supports the implementation of and the migration to the | ||||||
21 | Statewide NG9-1-1 system to the Office of the Statewide 9-1-1 | ||||||
22 | Administrator on a form prescribed and made available by the | ||||||
23 | Illinois State Police for this purpose : | ||||||
24 | (1) A company 9-1-1 contact, address, email, and phone | ||||||
25 | number. |
| |||||||
| |||||||
1 | (2) A list of originating service providers that the | ||||||
2 | aggregator transports 9-1-1 calls for and then to the | ||||||
3 | appropriate 9-1-1 system provider.
New or current | ||||||
4 | aggregators must update the required information within 30 | ||||||
5 | days of implementing any changes in information required | ||||||
6 | by this subsection. | ||||||
7 | (c) Each aggregator shall establish procedures for | ||||||
8 | receiving No Record Found errors from the 9-1-1 System | ||||||
9 | Provider, identifying the originating service provider who | ||||||
10 | delivered the call to the aggregator, and referring the No | ||||||
11 | Record Found errors to that originating service provider. | ||||||
12 | (d) Each originating service provider shall establish | ||||||
13 | procedures with the 9-1-1 system provider for preventing and | ||||||
14 | resolving No Record Found errors in the 9-1-1 database and | ||||||
15 | make every effort to ensure 9-1-1 calls are sent to the | ||||||
16 | appropriate public safety answering point. | ||||||
17 | (e) If a 9-1-1 system is being transitioned to NG9-1-1 | ||||||
18 | service or to a new provider, each aggregator shall be | ||||||
19 | responsible for coordinating any modifications that are needed | ||||||
20 | to ensure that the originating service provider provides the | ||||||
21 | required level of service to its customers. Each aggregator | ||||||
22 | shall coordinate those network changes or additions for those | ||||||
23 | migrations in a timely manner with the appropriate 9-1-1 | ||||||
24 | system provider who shall be managing its respective | ||||||
25 | implementation schedule and cut over. Each aggregator shall | ||||||
26 | send notice to its originating service provider customers of |
| |||||||
| |||||||
1 | the aggregator's successful turn up of the network changes or | ||||||
2 | additions supporting the migration and include the necessary | ||||||
3 | information for the originating service provider's migration | ||||||
4 | (such as public safety answering point name, Federal | ||||||
5 | Communications Commission Identification, and Emergency | ||||||
6 | Services Routing Number). The notice shall be provided to the | ||||||
7 | originating service providers within 2 weeks of acceptance | ||||||
8 | testing and conversion activities between the aggregator and | ||||||
9 | the 9-1-1 system provider. | ||||||
10 | (f) The 9-1-1 system provider shall coordinate directly | ||||||
11 | with the originating service providers (unless the aggregator | ||||||
12 | separately agrees to coordinate with the originating service | ||||||
13 | providers) for migration, but in no case shall that migration | ||||||
14 | exceed 30 days after receipt of notice from the aggregator, | ||||||
15 | unless agreed to by the originating service provider and 9-1-1 | ||||||
16 | system provider. | ||||||
17 | (g) Each aggregator shall coordinate test calls with the | ||||||
18 | 9-1-1 system provider and the 9-1-1 Authority when turning up | ||||||
19 | new circuits or making network changes. Each originating | ||||||
20 | service provider shall perform testing of its network and | ||||||
21 | provisioning upon notification from the aggregator that the | ||||||
22 | network has been tested and accepted with the 9-1-1 system | ||||||
23 | provider. | ||||||
24 | (h) Each aggregator and originating service provider | ||||||
25 | customer shall deliver all 9-1-1 calls, audio, data, and | ||||||
26 | location to the 9-1-1 system at a location determined by the |
| |||||||
| |||||||
1 | State.
| ||||||
2 | (Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21.)
| ||||||
3 | (50 ILCS 750/14) (from Ch. 134, par. 44)
| ||||||
4 | (Section scheduled to be repealed on December 31, 2023)
| ||||||
5 | Sec. 14.
The General Assembly declares that a major | ||||||
6 | purpose of this Act is to ensure that 9-1-1 systems have | ||||||
7 | redundant methods of dispatch for: (1) each public safety | ||||||
8 | agency within its jurisdiction, herein known as participating | ||||||
9 | agencies; and (2) 9-1-1 systems whose jurisdictional | ||||||
10 | boundaries are contiguous, herein known as adjacent 9-1-1 | ||||||
11 | systems, when an emergency request for service is received for | ||||||
12 | a public safety agency that needs to be dispatched by the | ||||||
13 | adjacent 9-1-1 system. Another primary purpose of this Section | ||||||
14 | is to
eliminate instances in which a public safety agency | ||||||
15 | refuses, once dispatched, to render aid outside of the | ||||||
16 | jurisdictional boundaries
of the public safety agency. | ||||||
17 | Therefore, in implementing a 9-1-1 system under this Act, all | ||||||
18 | 9-1-1 authorities
shall enter into call handling and aid | ||||||
19 | outside jurisdictional boundaries agreements with each | ||||||
20 | participating agency and adjacent 9-1-1 system. The
agreements | ||||||
21 | shall provide a primary and secondary means of dispatch. It | ||||||
22 | must also provide that, once an emergency unit is dispatched | ||||||
23 | in response
to a request through the system, such unit shall | ||||||
24 | render its services to the requesting
party without regard to | ||||||
25 | whether the unit is operating outside its
normal |
| |||||||
| |||||||
1 | jurisdictional boundaries. The call handling and aid outside | ||||||
2 | jurisdictional boundaries agreements shall be incorporated | ||||||
3 | into the plan filed under Section 11. Notice of any changes to | ||||||
4 | call handling and aid outside jurisdictional boundaries | ||||||
5 | agreements must be made annually during the financial | ||||||
6 | reporting process Certified notification of the
continuation | ||||||
7 | of call handling and aid outside jurisdictional boundaries | ||||||
8 | agreements shall be made among the involved parties on an | ||||||
9 | annual basis . The Illinois State Police may adopt rules for | ||||||
10 | the administration of this Section.
| ||||||
11 | (Source: P.A. 102-9, eff. 6-3-21.)
| ||||||
12 | (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| ||||||
13 | (Section scheduled to be repealed on December 31, 2023)
| ||||||
14 | Sec. 15.2.
Any person placing a call or text an "emergency | ||||||
15 | call" to the number "911" or causing a transmission, in any | ||||||
16 | manner, to a public safety agency or public safety answering | ||||||
17 | point for the purpose of making an alarm or complaint and | ||||||
18 | reporting false information when, at the time the call , text, | ||||||
19 | or transmission is made, the person knows there is no | ||||||
20 | reasonable ground for making the call , text, or transmission | ||||||
21 | and further knows that the call or transmission could result | ||||||
22 | in the emergency response of any public safety agency , is | ||||||
23 | subject to the
provisions of Section 26-1 of the Criminal Code | ||||||
24 | of 2012.
| ||||||
25 | (Source: P.A. 102-9, eff. 6-3-21.)
|
| |||||||
| |||||||
1 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||||||
2 | (Section scheduled to be repealed on December 31, 2023)
| ||||||
3 | Sec. 15.3. Local non-wireless surcharge. | ||||||
4 | (a) Except as provided in subsection (l) of this Section, | ||||||
5 | the corporate authorities of any municipality or any
county | ||||||
6 | may, subject to the limitations of subsections (c), (d), and | ||||||
7 | (h),
and in addition to any tax levied pursuant to the | ||||||
8 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
9 | monthly surcharge on billed subscribers
of network connection | ||||||
10 | provided by telecommunication carriers engaged in the
business | ||||||
11 | of transmitting messages by means of electricity originating | ||||||
12 | within
the corporate limits of the municipality or county | ||||||
13 | imposing the surcharge at
a rate per network connection | ||||||
14 | determined in accordance with subsection (c), however the | ||||||
15 | monthly surcharge shall not apply to a network connection | ||||||
16 | provided for use with pay telephone services.
Provided, | ||||||
17 | however, that where multiple voice grade communications | ||||||
18 | channels
are connected between the subscriber's premises and a | ||||||
19 | public switched network
through private branch exchange (PBX) | ||||||
20 | or centrex type service, a municipality
imposing a surcharge | ||||||
21 | at a rate per network connection, as determined in
accordance | ||||||
22 | with this Act, shall impose: | ||||||
23 | (i) in a municipality with a population of 500,000 or | ||||||
24 | less or in any county, 5 such surcharges per network
| ||||||
25 | connection, as defined under Section 2 of this Act, for |
| |||||||
| |||||||
1 | both regular service and advanced service provisioned | ||||||
2 | trunk lines; | ||||||
3 | (ii) in a municipality with a population, prior to | ||||||
4 | March 1, 2010, of 500,000 or more, 5 surcharges per | ||||||
5 | network connection, as defined under Section 2 of this | ||||||
6 | Act, for both regular service and advanced
service | ||||||
7 | provisioned trunk lines; | ||||||
8 | (iii) in a municipality with a population, as of March | ||||||
9 | 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
10 | connection, as defined under Section 2 of this Act, for | ||||||
11 | regular service
provisioned trunk lines, and 12 surcharges | ||||||
12 | per network connection, as defined under Section 2 of this | ||||||
13 | Act, for advanced service provisioned trunk
lines, except | ||||||
14 | where an advanced service provisioned trunk line supports | ||||||
15 | at least 2 but fewer
than 23 simultaneous voice grade | ||||||
16 | calls ("VGC's"), a telecommunication carrier may
elect to | ||||||
17 | impose fewer than 12 surcharges per trunk line as provided | ||||||
18 | in subsection (iv)
of this Section; or | ||||||
19 | (iv) for an advanced service provisioned trunk line | ||||||
20 | connected between the
subscriber's premises and the public | ||||||
21 | switched network through a P.B.X., where the advanced
| ||||||
22 | service provisioned trunk line is capable of transporting | ||||||
23 | at least 2 but fewer than 23
simultaneous VGC's per trunk | ||||||
24 | line, the telecommunications carrier collecting the | ||||||
25 | surcharge
may elect to impose surcharges in accordance | ||||||
26 | with the table provided in this Section, without limiting
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | any telecommunications carrier's obligations to otherwise | |||||||||||||||||||||
2 | keep and maintain records. Any
telecommunications carrier | |||||||||||||||||||||
3 | electing to impose fewer than 12 surcharges per an | |||||||||||||||||||||
4 | advanced
service provisioned trunk line shall keep and | |||||||||||||||||||||
5 | maintain records adequately to demonstrate the
VGC | |||||||||||||||||||||
6 | capability of each advanced service provisioned trunk line | |||||||||||||||||||||
7 | with fewer than 12
surcharges imposed, provided that 12 | |||||||||||||||||||||
8 | surcharges shall be imposed on an advanced service
| |||||||||||||||||||||
9 | provisioned trunk line regardless of the VGC capability | |||||||||||||||||||||
10 | where a telecommunications carrier
cannot demonstrate the | |||||||||||||||||||||
11 | VGC capability of the advanced service provisioned trunk | |||||||||||||||||||||
12 | line.
| |||||||||||||||||||||
| ||||||||||||||||||||||
17 | Subsections (i), (ii), (iii), and (iv) are not intended to | |||||||||||||||||||||
18 | make any change in the meaning of this Section, but are | |||||||||||||||||||||
19 | intended to remove possible ambiguity, thereby confirming the | |||||||||||||||||||||
20 | intent of paragraph (a) as it existed prior to and following | |||||||||||||||||||||
21 | the effective date of this amendatory Act of the 97th General | |||||||||||||||||||||
22 | Assembly. | |||||||||||||||||||||
23 | For mobile telecommunications services, if a surcharge is | |||||||||||||||||||||
24 | imposed it shall be
imposed based upon the municipality or |
| |||||||
| |||||||
1 | county that encompasses the customer's
place of primary use as | ||||||
2 | defined in the Mobile Telecommunications Sourcing
Conformity | ||||||
3 | Act. A municipality may enter into an intergovernmental
| ||||||
4 | agreement with any county in which it is partially located, | ||||||
5 | when the county
has adopted an ordinance to impose a surcharge | ||||||
6 | as provided in subsection
(c), to include that portion of the | ||||||
7 | municipality lying outside the county
in that county's | ||||||
8 | surcharge referendum. If the county's surcharge
referendum is | ||||||
9 | approved, the portion of the municipality identified in the
| ||||||
10 | intergovernmental agreement shall automatically be | ||||||
11 | disconnected from the
county in which it lies and connected to | ||||||
12 | the county which approved the
referendum for purposes of a | ||||||
13 | surcharge on telecommunications carriers.
| ||||||
14 | (b) For purposes of computing the surcharge imposed by | ||||||
15 | subsection (a),
the network connections to which the surcharge | ||||||
16 | shall apply shall be those
in-service network connections, | ||||||
17 | other than those network connections
assigned to the | ||||||
18 | municipality or county, where the service address for each
| ||||||
19 | such network connection or connections is located within the | ||||||
20 | corporate
limits of the municipality or county levying the | ||||||
21 | surcharge. Except for mobile
telecommunication services, the | ||||||
22 | "service address" shall mean the location of
the primary use | ||||||
23 | of the network connection or connections. For mobile
| ||||||
24 | telecommunication services, "service address" means the | ||||||
25 | customer's place of
primary use as defined in the Mobile | ||||||
26 | Telecommunications Sourcing Conformity
Act.
|
| |||||||
| |||||||
1 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
2 | under this
Section the clerk of the municipality or county | ||||||
3 | shall certify the question
of whether the surcharge may be | ||||||
4 | imposed to the proper election authority
who shall submit the | ||||||
5 | public question to the electors of the municipality or
county | ||||||
6 | in accordance with the general election law; provided that | ||||||
7 | such
question shall not be submitted at a consolidated primary | ||||||
8 | election. The
public question shall be in substantially the | ||||||
9 | following form:
| ||||||
10 | -------------------------------------------------------------
| ||||||
11 | Shall the county (or city, village
| ||||||
12 | or incorporated town) of ..... impose YES
| ||||||
13 | a surcharge of up to ...¢ per month per
| ||||||
14 | network connection, which surcharge will
| ||||||
15 | be added to the monthly bill you receive ------------------
| ||||||
16 | for telephone or telecommunications
| ||||||
17 | charges, for the purpose of installing
| ||||||
18 | (or improving) a 9-1-1 Emergency NO
| ||||||
19 | Telephone System?
| ||||||
20 | -------------------------------------------------------------
| ||||||
21 | If a majority of the votes cast upon the public question | ||||||
22 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
23 | However, if a Joint Emergency Telephone System Board is to | ||||||
24 | be created
pursuant to an intergovernmental agreement under | ||||||
25 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
26 | subject to the approval of a
majority of the total number of |
| |||||||
| |||||||
1 | votes cast upon the public question by the
electors of all of | ||||||
2 | the municipalities or counties, or combination thereof,
that | ||||||
3 | are parties to the intergovernmental agreement.
| ||||||
4 | The referendum requirement of this subsection (c) shall | ||||||
5 | not apply
to any municipality with a population over 500,000 | ||||||
6 | or to any
county in which a proposition as to whether a | ||||||
7 | sophisticated 9-1-1 Emergency
Telephone System should be | ||||||
8 | installed in the county, at a cost not to
exceed a specified | ||||||
9 | monthly amount per network connection, has previously
been | ||||||
10 | approved by a majority of the electors of the county voting on | ||||||
11 | the
proposition at an election conducted before the effective | ||||||
12 | date of this
amendatory Act of 1987.
| ||||||
13 | (d) A county may not impose a surcharge, unless requested | ||||||
14 | by a
municipality, in any incorporated area which has | ||||||
15 | previously approved a
surcharge as provided in subsection (c) | ||||||
16 | or in any incorporated area where
the corporate authorities of | ||||||
17 | the municipality have previously entered into
a binding | ||||||
18 | contract or letter of intent with a telecommunications carrier | ||||||
19 | to
provide sophisticated 9-1-1 service through municipal | ||||||
20 | funds.
| ||||||
21 | (e) A municipality or county may at any time by ordinance | ||||||
22 | change the
rate of the surcharge imposed under this Section if | ||||||
23 | the new rate does not
exceed the rate specified in the | ||||||
24 | referendum held pursuant to subsection (c).
| ||||||
25 | (f) The surcharge authorized by this Section shall be | ||||||
26 | collected from
the subscriber by the telecommunications |
| |||||||
| |||||||
1 | carrier providing the subscriber
the network connection as a | ||||||
2 | separately stated item on the subscriber's bill.
| ||||||
3 | (g) The amount of surcharge collected by the | ||||||
4 | telecommunications carrier
shall be paid to the particular | ||||||
5 | municipality or county or Joint Emergency
Telephone System | ||||||
6 | Board not later than 30 days after the surcharge is
collected, | ||||||
7 | net of any network or other 9-1-1 or sophisticated 9-1-1 | ||||||
8 | system
charges then due the particular telecommunications | ||||||
9 | carrier, as shown on an
itemized bill. The telecommunications | ||||||
10 | carrier collecting the surcharge
shall also be entitled to | ||||||
11 | deduct 3% of the gross amount of surcharge
collected to | ||||||
12 | reimburse the telecommunications carrier for the expense of
| ||||||
13 | accounting and collecting the surcharge.
| ||||||
14 | (h) Except as expressly provided in subsection (a) of this | ||||||
15 | Section, on or after the effective date of this amendatory Act | ||||||
16 | of the 98th General Assembly and until December 31, 2017, a | ||||||
17 | municipality with a population of 500,000 or more shall not | ||||||
18 | impose a monthly surcharge per network connection in excess of | ||||||
19 | the highest monthly surcharge imposed as of January 1, 2014 by | ||||||
20 | any county or municipality under subsection (c) of this | ||||||
21 | Section. Beginning January 1, 2018 and until December 31, 2025 | ||||||
22 | 2023 , a municipality with a population over 500,000 may not | ||||||
23 | impose a monthly surcharge in excess of $5.00 per network | ||||||
24 | connection. On or after January 1, 2026 2024 , a
municipality | ||||||
25 | with a population over 500,000 may not impose a
monthly | ||||||
26 | surcharge in excess of $2.50
per network connection.
|
| |||||||
| |||||||
1 | (i) Any municipality or county or joint emergency | ||||||
2 | telephone system
board that has imposed a surcharge pursuant | ||||||
3 | to this Section prior to the
effective date of this amendatory | ||||||
4 | Act of 1990 shall hereafter impose the
surcharge in accordance | ||||||
5 | with subsection (b) of this Section.
| ||||||
6 | (j) The corporate authorities of any municipality or | ||||||
7 | county may issue,
in accordance with Illinois law, bonds, | ||||||
8 | notes or other obligations secured
in whole or in part by the | ||||||
9 | proceeds of the surcharge described in this
Section.
The State | ||||||
10 | of Illinois pledges and agrees that it will not limit or alter
| ||||||
11 | the rights and powers vested in municipalities and counties by | ||||||
12 | this Section
to impose the surcharge so as to impair the terms | ||||||
13 | of or affect the
security for bonds, notes or other | ||||||
14 | obligations secured in whole or in part
with the proceeds of | ||||||
15 | the surcharge described in this Section. The pledge and | ||||||
16 | agreement set forth in this Section survive the termination of | ||||||
17 | the surcharge under subsection (l) by virtue of the | ||||||
18 | replacement of the surcharge monies guaranteed under Section | ||||||
19 | 20; the State of Illinois pledges and agrees that it will not | ||||||
20 | limit or alter the rights vested in municipalities and | ||||||
21 | counties to the surcharge replacement funds guaranteed under | ||||||
22 | Section 20 so as to impair the terms of or affect the security | ||||||
23 | for bonds, notes or other obligations secured in whole or in | ||||||
24 | part with the proceeds of the surcharge described in this | ||||||
25 | Section.
| ||||||
26 | (k) Any surcharge collected by or imposed on a |
| |||||||
| |||||||
1 | telecommunications
carrier pursuant to this Section shall be | ||||||
2 | held to be a special fund in
trust for the municipality, county | ||||||
3 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
4 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
5 | the special fund shall not be subject to the claims of
| ||||||
6 | creditors of the telecommunication carrier.
| ||||||
7 | (l) Any surcharge imposed pursuant to this Section by a | ||||||
8 | county or municipality, other than a municipality with a | ||||||
9 | population in excess of 500,000, shall cease to be imposed on | ||||||
10 | January 1, 2016. | ||||||
11 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| ||||||
12 | (50 ILCS 750/15.3a) | ||||||
13 | (Section scheduled to be repealed on December 31, 2023) | ||||||
14 | Sec. 15.3a. Local wireless surcharge. | ||||||
15 | (a) Notwithstanding any other provision of this Act, a | ||||||
16 | unit of local government or emergency telephone system board | ||||||
17 | providing wireless 9-1-1 service and imposing and collecting a | ||||||
18 | wireless carrier surcharge prior to July 1, 1998 may continue | ||||||
19 | its practices of imposing and collecting its wireless carrier | ||||||
20 | surcharge, but, except as provided in subsection (b) of this | ||||||
21 | Section, in no event shall that monthly surcharge exceed $2.50 | ||||||
22 | per commercial mobile radio service (CMRS) connection or | ||||||
23 | in-service telephone number billed on a monthly basis. For | ||||||
24 | mobile telecommunications services provided on and after | ||||||
25 | August 1, 2002, any surcharge imposed shall be imposed based |
| |||||||
| |||||||
1 | upon the municipality or county that encompasses the | ||||||
2 | customer's place of primary use as defined in the Mobile | ||||||
3 | Telecommunications Sourcing Conformity Act. | ||||||
4 | (b) Until December 31, 2017, the corporate authorities of | ||||||
5 | a municipality with a population in excess of 500,000 on the | ||||||
6 | effective date of this amendatory Act of the 99th General | ||||||
7 | Assembly may by ordinance continue to impose and collect a | ||||||
8 | monthly surcharge per commercial mobile radio service (CMRS) | ||||||
9 | connection or in-service telephone number billed on a monthly | ||||||
10 | basis that does not exceed the highest monthly surcharge | ||||||
11 | imposed as of January 1, 2014 by any county or municipality | ||||||
12 | under subsection (c) of Section 15.3 of this Act. Beginning | ||||||
13 | January 1, 2018, and until December 31, 2025 2023 , a | ||||||
14 | municipality with a population in excess of 500,000 may by | ||||||
15 | ordinance continue to impose and collect a monthly surcharge | ||||||
16 | per commercial mobile radio service (CMRS) connection or | ||||||
17 | in-service telephone number billed on a monthly basis that | ||||||
18 | does not exceed $5.00. On or after January 1, 2026 2024 , the | ||||||
19 | municipality may continue imposing and collecting its wireless | ||||||
20 | carrier surcharge as provided in and subject to the | ||||||
21 | limitations of subsection (a) of this Section. | ||||||
22 | (c) In addition to any other lawful purpose, a | ||||||
23 | municipality with a population over 500,000 may use the moneys | ||||||
24 | collected under this Section for any anti-terrorism or | ||||||
25 | emergency preparedness measures, including, but not limited | ||||||
26 | to, preparedness planning, providing local matching funds for |
| |||||||
| |||||||
1 | federal or State grants, personnel training, and specialized | ||||||
2 | equipment, including surveillance cameras, as needed to deal | ||||||
3 | with natural and terrorist-inspired emergency situations or | ||||||
4 | events.
| ||||||
5 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| ||||||
6 | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | ||||||
7 | (Section scheduled to be repealed on December 31, 2023) | ||||||
8 | Sec. 15.4. Emergency Telephone System Board; powers. | ||||||
9 | (a) Except as provided in subsection (e) of this Section, | ||||||
10 | the corporate authorities of any county or municipality
may | ||||||
11 | establish an Emergency
Telephone System Board. | ||||||
12 | The corporate authorities shall provide for the
manner of | ||||||
13 | appointment and the number of members of the Board, provided | ||||||
14 | that
the board shall consist of not fewer than 5 members, one | ||||||
15 | of whom
must be a
public member who is a resident of the local | ||||||
16 | exchange service territory
included in the 9-1-1 coverage | ||||||
17 | area, one of whom (in counties with a
population less than | ||||||
18 | 100,000) may be a member of the county
board, and
at least 3 of | ||||||
19 | whom shall be representative of the 9-1-1 public safety | ||||||
20 | agencies,
including but not limited to police departments, | ||||||
21 | fire departments, emergency
medical services providers, and | ||||||
22 | emergency services and disaster agencies, and
appointed on the | ||||||
23 | basis of their ability or experience. In counties with a | ||||||
24 | population of more than 100,000 but less than 2,000,000, a | ||||||
25 | member of the county board may serve on the Emergency |
| |||||||
| |||||||
1 | Telephone System Board. Elected officials, including members | ||||||
2 | of a county board, are
also eligible to serve on the board. | ||||||
3 | Members of the board shall serve without
compensation but | ||||||
4 | shall be reimbursed for their actual and necessary
expenses. | ||||||
5 | Any 2 or more municipalities, counties, or combination | ||||||
6 | thereof,
may, instead of establishing
individual boards, | ||||||
7 | establish by intergovernmental agreement a Joint
Emergency | ||||||
8 | Telephone System Board pursuant to this Section. The manner of
| ||||||
9 | appointment of such a joint board shall be prescribed in the | ||||||
10 | agreement. On or after the effective date of this amendatory | ||||||
11 | Act of the 100th General Assembly, any new intergovernmental | ||||||
12 | agreement entered into to establish or join a Joint Emergency | ||||||
13 | Telephone System Board shall provide for the appointment of a | ||||||
14 | PSAP representative to the board. | ||||||
15 | Upon the effective date of this amendatory Act of the 98th | ||||||
16 | General Assembly, appointed members of the Emergency Telephone | ||||||
17 | System Board shall serve staggered 3-year terms if: (1) the | ||||||
18 | Board serves a county with a population of 100,000 or less; and | ||||||
19 | (2) appointments, on the effective date of this amendatory Act | ||||||
20 | of the 98th General Assembly, are not for a stated term. The | ||||||
21 | corporate authorities of the county or municipality shall | ||||||
22 | assign terms to the board members serving on the effective | ||||||
23 | date of this amendatory Act of the 98th General Assembly in the | ||||||
24 | following manner: (1) one-third of board members' terms shall | ||||||
25 | expire on January 1, 2015; (2) one-third of board members' | ||||||
26 | terms shall expire on January 1, 2016; and (3) remaining board |
| |||||||
| |||||||
1 | members' terms shall expire on January 1, 2017. Board members | ||||||
2 | may be re-appointed upon the expiration of their terms by the | ||||||
3 | corporate authorities of the county or municipality. | ||||||
4 | The corporate authorities of a county or municipality may, | ||||||
5 | by a vote of the majority of the members elected, remove an | ||||||
6 | Emergency Telephone System Board member for misconduct, | ||||||
7 | official misconduct, or neglect of office. | ||||||
8 | (b) The powers and duties of the board shall be defined by | ||||||
9 | ordinance
of the municipality or county, or by | ||||||
10 | intergovernmental agreement in the
case of a joint board. The | ||||||
11 | powers and duties shall include, but need not
be limited to the | ||||||
12 | following: | ||||||
13 | (1) Planning a 9-1-1 system. | ||||||
14 | (2) Coordinating and supervising the implementation, | ||||||
15 | upgrading, or
maintenance of the system, including the | ||||||
16 | establishment of equipment
specifications and coding | ||||||
17 | systems. | ||||||
18 | (3) Receiving moneys
from the surcharge imposed under | ||||||
19 | Section 15.3, or disbursed to it under Section 30, and
| ||||||
20 | from any other source, for deposit into the Emergency | ||||||
21 | Telephone System Fund. | ||||||
22 | (4) Authorizing all disbursements from the fund. | ||||||
23 | (5) Hiring any staff necessary for the implementation | ||||||
24 | or upgrade of the
system. | ||||||
25 | (6) (Blank). | ||||||
26 | (7) Designating a 9-1-1 System Manager, whose duties |
| |||||||
| |||||||
1 | and responsibilities shall be set forth by the Emergency | ||||||
2 | Telephone System Board in writing. | ||||||
3 | (c) All moneys
received by a board pursuant to a surcharge | ||||||
4 | imposed under
Section 15.3, or disbursed to it under Section | ||||||
5 | 30, shall be deposited into a separate interest-bearing
| ||||||
6 | Emergency Telephone System Fund account. The treasurer of the | ||||||
7 | municipality or
county that has established the board or, in | ||||||
8 | the case of a joint board, any
municipal or county treasurer | ||||||
9 | designated in the intergovernmental agreement,
shall be | ||||||
10 | custodian of the fund. All interest accruing on the fund shall | ||||||
11 | remain
in the fund. No expenditures may be made from such fund | ||||||
12 | except upon the
direction of the board by resolution passed by | ||||||
13 | a majority of all members of the
board. | ||||||
14 | (d) The board shall complete and maintain a Next | ||||||
15 | Generation 9-1-1 GIS database in accordance with NENA | ||||||
16 | Standards before implementation of the NG9-1-1 system. The | ||||||
17 | MSAG and GIS data standardizing and synchronization must reach | ||||||
18 | a 98% or greater match rate, with an option of matching with | ||||||
19 | ALI, before using GIS data for NG9-1-1 a Master Street Address | ||||||
20 | Guide database before implementation of the
9-1-1 system. The | ||||||
21 | error ratio of the database shall not at any time
exceed 1% of | ||||||
22 | the total database . | ||||||
23 | (e) On and after January 1, 2016, no municipality or | ||||||
24 | county may create an Emergency Telephone System Board unless | ||||||
25 | the board is a Joint Emergency Telephone System Board. The | ||||||
26 | corporate authorities of any county or municipality entering |
| |||||||
| |||||||
1 | into an intergovernmental agreement to create or join a Joint | ||||||
2 | Emergency Telephone System Board shall rescind an ordinance or | ||||||
3 | ordinances creating a single Emergency Telephone System Board | ||||||
4 | and shall eliminate the single Emergency Telephone System | ||||||
5 | Board, effective upon the creation of the Joint Emergency | ||||||
6 | Telephone System Board, with regulatory approval by the | ||||||
7 | Administrator, or joining of the Joint Emergency Telephone | ||||||
8 | System Board. Nothing in this Section shall be construed to | ||||||
9 | require the dissolution of an Emergency Telephone System Board | ||||||
10 | that is not succeeded by a Joint Emergency Telephone System | ||||||
11 | Board or is not required to consolidate under Section 15.4a of | ||||||
12 | this Act. | ||||||
13 | (f) Within one year after the effective date of this | ||||||
14 | amendatory Act of the 100th General Assembly, any corporate | ||||||
15 | authorities of a county or municipality, other than a | ||||||
16 | municipality with a population of more than 500,000, operating | ||||||
17 | a 9-1-1 system without an Emergency Telephone System Board or | ||||||
18 | Joint Emergency Telephone System Board shall create or join a | ||||||
19 | Joint Emergency Telephone System Board. | ||||||
20 | (Source: P.A. 102-9, eff. 6-3-21.)
| ||||||
21 | (50 ILCS 750/15.4b) | ||||||
22 | (Section scheduled to be repealed on December 31, 2023) | ||||||
23 | Sec. 15.4b. Consolidation grants. | ||||||
24 | (a) The Administrator, with the advice and recommendation | ||||||
25 | of the Statewide 9-1-1 Advisory Board, shall administer a |
| |||||||
| |||||||
1 | 9-1-1 System Consolidation Grant Program to defray costs | ||||||
2 | associated with 9-1-1 system consolidation of systems outside | ||||||
3 | of a municipality with a population in excess of 500,000. The | ||||||
4 | awarded grants will be used to offset non-recurring costs | ||||||
5 | associated with the consolidation of 9-1-1 systems and shall | ||||||
6 | not be used for ongoing operating costs associated with the | ||||||
7 | consolidated system. The Illinois State Police, in | ||||||
8 | consultation with the Administrator and the Statewide 9-1-1 | ||||||
9 | Advisory Board, shall adopt rules defining the grant process | ||||||
10 | and criteria for issuing the grants. The grants should be | ||||||
11 | awarded based on criteria that include, but are not limited | ||||||
12 | to: | ||||||
13 | (1) reducing the number of transfers of a 9-1-1 call; | ||||||
14 | (2) reducing the infrastructure required to adequately | ||||||
15 | provide 9-1-1 network services; | ||||||
16 | (3) promoting cost savings from resource sharing among | ||||||
17 | 9-1-1 systems; | ||||||
18 | (4) facilitating interoperability and resiliency for | ||||||
19 | the receipt of 9-1-1 calls; | ||||||
20 | (5) reducing the number of 9-1-1 systems or reducing | ||||||
21 | the number of PSAPs within a 9-1-1 system; | ||||||
22 | (6) cost saving resulting from 9-1-1 system | ||||||
23 | consolidation; and | ||||||
24 | (7) expanding NG9-1-1 E9-1-1 service coverage as a | ||||||
25 | result of 9-1-1 system consolidation including to areas | ||||||
26 | without E9-1-1 service . |
| |||||||
| |||||||
1 | Priority shall be given first to counties not providing | ||||||
2 | 9-1-1 service as of January 1, 2016, and next to other entities | ||||||
3 | consolidating as required under Section 15.4a of this Act. | ||||||
4 | (b) The 9-1-1 System Consolidation Grant application, as | ||||||
5 | defined by Illinois State Police rules, shall be submitted | ||||||
6 | electronically using the State's grant management system by | ||||||
7 | February 1, 2024 and every February 1 to the Administrator | ||||||
8 | starting January 2, 2016, and every January 2 thereafter. The | ||||||
9 | application shall include a modified 9-1-1 system plan as | ||||||
10 | required by this Act in support of the consolidation plan. The | ||||||
11 | Administrator shall have until June 30, 2016 and every June 30 | ||||||
12 | thereafter to approve 9-1-1 System Consolidation grants and | ||||||
13 | modified 9-1-1 system plans. Payment under the approved 9-1-1 | ||||||
14 | System Consolidation grants shall be contingent upon the final | ||||||
15 | approval of a modified 9-1-1 system plan. | ||||||
16 | (c) (Blank). Existing and previously completed | ||||||
17 | consolidation projects shall be eligible to apply for | ||||||
18 | reimbursement of costs related to the consolidation incurred | ||||||
19 | between 2010 and the State fiscal year of the application. | ||||||
20 | (d) The 9-1-1 systems that receive grants under this | ||||||
21 | Section shall provide a report detailing grant fund usage to | ||||||
22 | the Administrator pursuant to Section 40 of this Act.
| ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
24 | (50 ILCS 750/15.5)
| ||||||
25 | (Section scheduled to be repealed on December 31, 2023)
|
| |||||||
| |||||||
1 | Sec. 15.5. Grandfathered private residential switch or | ||||||
2 | MLTS 9-1-1
service. | ||||||
3 | (a) An entity that manages or operates a private | ||||||
4 | residential switch service or shared residential or temporary | ||||||
5 | residential MLTS service that was installed on or before | ||||||
6 | February 16, 2020 shall ensure that the system is connected to | ||||||
7 | the public switched telephone network so that calls to 9-1-1 | ||||||
8 | route to the appropriate 9-1-1 jurisdiction and shall ensure | ||||||
9 | that the system includes, but is not limited to, the | ||||||
10 | capability to provide ANI, the extension number, and the ALI | ||||||
11 | containing the street address of the 9-1-1 caller who | ||||||
12 | dispatchable location that is the
source
of the call to 9-1-1.
| ||||||
13 | (b) The private residential switch or shared residential | ||||||
14 | or temporary residential MLTS service operator is responsible | ||||||
15 | for forwarding
end user ANI and ALI record information to the | ||||||
16 | 9-1-1
system
provider according to the format, frequency, and | ||||||
17 | procedures established by that
system provider.
| ||||||
18 | (c) This Act does not apply to any MLTS telephone | ||||||
19 | extension that uses radio
transmissions to convey electrical | ||||||
20 | signals directly between the telephone
extension and the | ||||||
21 | serving MLTS.
| ||||||
22 | (d) An entity that violates this Section is guilty of a | ||||||
23 | business
offense
and shall be fined not less than $1,000 and | ||||||
24 | not more than $5,000.
| ||||||
25 | (e) Nothing in this Section shall be
construed to preclude | ||||||
26 | the Attorney General on behalf of the Illinois State Police or |
| |||||||
| |||||||
1 | on
his or her own initiative, or any other interested person, | ||||||
2 | from seeking
judicial relief, by mandamus, injunction, or | ||||||
3 | otherwise, to compel compliance
with this Section.
| ||||||
4 | (Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
| ||||||
5 | (50 ILCS 750/20) | ||||||
6 | (Section scheduled to be repealed on December 31, 2023) | ||||||
7 | Sec. 20. Statewide surcharge. | ||||||
8 | (a) On and after January 1, 2016, and except with respect | ||||||
9 | to those customers who are subject to surcharges as provided | ||||||
10 | in Sections 15.3 and 15.3a of this Act, a monthly surcharge | ||||||
11 | shall be imposed on all customers of telecommunications | ||||||
12 | carriers and wireless carriers as follows: | ||||||
13 | (1) Each telecommunications carrier shall impose a | ||||||
14 | monthly surcharge per network connection; provided, | ||||||
15 | however, the monthly surcharge shall not apply to a | ||||||
16 | network connection provided for use with pay telephone | ||||||
17 | services. Where multiple voice grade communications | ||||||
18 | channels are connected between the subscriber's premises | ||||||
19 | and a public switched network through private branch | ||||||
20 | exchange (PBX), Centrex type service, or other multiple | ||||||
21 | voice grade communication channels facility, there shall | ||||||
22 | be imposed 5 such surcharges per network connection for | ||||||
23 | both regular service and advanced service provisioned | ||||||
24 | trunk lines. Until December 31, 2017, the surcharge shall | ||||||
25 | be $0.87 per network connection and on and after January |
| |||||||
| |||||||
1 | 1, 2018, the surcharge shall be $1.50 per network | ||||||
2 | connection. | ||||||
3 | (2) Each wireless carrier shall impose and collect a | ||||||
4 | monthly surcharge per CMRS connection that either has a | ||||||
5 | telephone number within an area code assigned to Illinois | ||||||
6 | by the North American Numbering Plan Administrator or has | ||||||
7 | a billing address in this State. Until December 31, 2017, | ||||||
8 | the surcharge shall be $0.87 per connection and on and | ||||||
9 | after January 1, 2018, the surcharge shall be $1.50 per | ||||||
10 | connection. | ||||||
11 | (b) State and local taxes shall not apply to the | ||||||
12 | surcharges imposed under this Section. | ||||||
13 | (c) The surcharges imposed by this Section shall be stated | ||||||
14 | as a separately stated item on subscriber bills. | ||||||
15 | (d) The telecommunications carrier collecting the | ||||||
16 | surcharge may deduct and retain 1.74% of the gross amount of | ||||||
17 | surcharge collected to reimburse the telecommunications | ||||||
18 | carrier for the expense of accounting and collecting the | ||||||
19 | surcharge. On and after July 1, 2022, the wireless carrier | ||||||
20 | collecting a surcharge under this Section may deduct and | ||||||
21 | retain 1.74% of the gross amount of the surcharge collected to | ||||||
22 | reimburse the wireless carrier for the expense of accounting | ||||||
23 | and collecting the surcharge. | ||||||
24 | (d-5) Notwithstanding the provisions of subsection (d) of | ||||||
25 | this Section, an amount not greater than 2.5% may be deducted | ||||||
26 | and retained if the telecommunications or wireless carrier can |
| |||||||
| |||||||
1 | support, through documentation, expenses that exceed the 1.74% | ||||||
2 | allowed. The documentation shall be submitted to the Illinois | ||||||
3 | State Police and input obtained from the Statewide 9-1-1 | ||||||
4 | Advisory Board prior to approval of the deduction. | ||||||
5 | (e) Surcharges imposed under this Section shall be | ||||||
6 | collected by the carriers and shall be remitted to the | ||||||
7 | Illinois State Police, either by check or electronic funds | ||||||
8 | transfer, by the end of the next calendar month after the | ||||||
9 | calendar month in which it was collected for deposit into the | ||||||
10 | Statewide 9-1-1 Fund. Carriers are not required to remit | ||||||
11 | surcharge moneys that are billed to subscribers but not yet | ||||||
12 | collected. | ||||||
13 | The first remittance by wireless carriers shall include | ||||||
14 | the number of subscribers by zip code, and the 9-digit zip code | ||||||
15 | if currently being used or later implemented by the carrier, | ||||||
16 | that shall be the means by which the Illinois State Police | ||||||
17 | shall determine distributions from the Statewide 9-1-1 Fund. | ||||||
18 | This information shall be updated at least once each year. Any | ||||||
19 | carrier that fails to provide the zip code information | ||||||
20 | required under this subsection (e) shall be subject to the | ||||||
21 | penalty set forth in subsection (g) of this Section. | ||||||
22 | (f) If, within 8 calendar days after it is due under | ||||||
23 | subsection (e) of this Section, a carrier does not remit the | ||||||
24 | surcharge or any portion thereof required under this Section, | ||||||
25 | then the surcharge or portion thereof shall be deemed | ||||||
26 | delinquent until paid in full, and the Illinois State Police |
| |||||||
| |||||||
1 | may impose a penalty against the carrier in an amount equal to | ||||||
2 | the greater of: | ||||||
3 | (1) $25 for each month or portion of a month from the | ||||||
4 | time an amount becomes delinquent until the amount is paid | ||||||
5 | in full; or | ||||||
6 | (2) an amount equal to the product of 1% and the sum of | ||||||
7 | all delinquent amounts for each month or portion of a | ||||||
8 | month that the delinquent amounts remain unpaid. | ||||||
9 | A penalty imposed in accordance with this subsection (f) | ||||||
10 | for a portion of a month during which the carrier pays the | ||||||
11 | delinquent amount in full shall be prorated for each day of | ||||||
12 | that month that the delinquent amount was paid in full. Any | ||||||
13 | penalty imposed under this subsection (f) is in addition to | ||||||
14 | the amount of the delinquency and is in addition to any other | ||||||
15 | penalty imposed under this Section. | ||||||
16 | (g) If, within 8 calendar days after it is due, a wireless | ||||||
17 | carrier does not provide the number of subscribers by zip code | ||||||
18 | as required under subsection (e) of this Section, then the | ||||||
19 | report is deemed delinquent and the Illinois State Police may | ||||||
20 | impose a penalty against the carrier in an amount equal to the | ||||||
21 | greater of: | ||||||
22 | (1) $25 for each month or portion of a month that the | ||||||
23 | report is delinquent; or | ||||||
24 | (2) an amount equal to the product of $0.01 and the | ||||||
25 | number of subscribers served by the carrier for each month | ||||||
26 | or portion of a month that the delinquent report is not |
| |||||||
| |||||||
1 | provided. | ||||||
2 | A penalty imposed in accordance with this subsection (g) | ||||||
3 | for a portion of a month during which the carrier provides the | ||||||
4 | number of subscribers by zip code as required under subsection | ||||||
5 | (e) of this Section shall be prorated for each day of that | ||||||
6 | month during which the carrier had not provided the number of | ||||||
7 | subscribers by zip code as required under subsection (e) of | ||||||
8 | this Section. Any penalty imposed under this subsection (g) is | ||||||
9 | in addition to any other penalty imposed under this Section. | ||||||
10 | (h) A penalty imposed and collected in accordance with | ||||||
11 | subsection (f) or (g) of this Section shall be deposited into | ||||||
12 | the Statewide 9-1-1 Fund for distribution according to Section | ||||||
13 | 30 of this Act. | ||||||
14 | (i) The Illinois State Police may enforce the collection | ||||||
15 | of any delinquent amount and any penalty due and unpaid under | ||||||
16 | this Section by legal action or in any other manner by which | ||||||
17 | the collection of debts due the State of Illinois may be | ||||||
18 | enforced under the laws of this State. The Illinois State | ||||||
19 | Police may excuse the payment of any penalty imposed under | ||||||
20 | this Section if the Administrator determines that the | ||||||
21 | enforcement of this penalty is unjust. | ||||||
22 | (j) Notwithstanding any provision of law to the contrary, | ||||||
23 | nothing shall impair the right of wireless carriers to recover | ||||||
24 | unreimbursed compliance costs for all emergency communications | ||||||
25 | services that are not reimbursed out of the Wireless Carrier | ||||||
26 | Reimbursement Fund directly from their wireless subscribers by |
| |||||||
| |||||||
1 | line-item charges on the wireless subscriber's bill. Those | ||||||
2 | compliance costs include all costs incurred by wireless | ||||||
3 | carriers in complying with local, State, and federal | ||||||
4 | regulatory or legislative mandates that require the | ||||||
5 | transmission and receipt of emergency communications to and | ||||||
6 | from the general public, including, but not limited to, | ||||||
7 | E9-1-1.
| ||||||
8 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
9 | 102-813, eff. 5-13-22.)
| ||||||
10 | (50 ILCS 750/30) | ||||||
11 | (Section scheduled to be repealed on December 31, 2023) | ||||||
12 | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||||||
13 | (a) A special fund in the State treasury known as the | ||||||
14 | Wireless Service Emergency Fund shall be renamed the Statewide | ||||||
15 | 9-1-1 Fund. Any appropriations made from the Wireless Service | ||||||
16 | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||||||
17 | The Fund shall consist of the following: | ||||||
18 | (1) (Blank). 9-1-1 wireless surcharges assessed under | ||||||
19 | the Wireless Emergency Telephone Safety Act. | ||||||
20 | (2) 9-1-1 surcharges assessed under Section 20 of this | ||||||
21 | Act. | ||||||
22 | (3) Prepaid wireless 9-1-1 surcharges assessed under | ||||||
23 | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
24 | (4) Any appropriations, grants, or gifts made to the | ||||||
25 | Fund. |
| |||||||
| |||||||
1 | (5) Any income from interest, premiums, gains, or | ||||||
2 | other earnings on moneys in the Fund. | ||||||
3 | (6) Money from any other source that is deposited in | ||||||
4 | or transferred to the Fund. | ||||||
5 | (b) Subject to appropriation and availability of funds, | ||||||
6 | the Illinois State Police shall distribute the 9-1-1 | ||||||
7 | surcharges monthly as follows: | ||||||
8 | (1) From each surcharge collected and remitted under | ||||||
9 | Section 20 of this Act: | ||||||
10 | (A) $0.013 shall be distributed monthly in equal | ||||||
11 | amounts to each County Emergency Telephone System | ||||||
12 | Board in counties with a population under 100,000 | ||||||
13 | according to the most recent census data which is | ||||||
14 | authorized to serve as a primary wireless 9-1-1 public | ||||||
15 | safety answering point for the county and to provide | ||||||
16 | wireless 9-1-1 service as prescribed by subsection (b) | ||||||
17 | of Section 15.6a of this Act, and which does provide | ||||||
18 | such service. | ||||||
19 | (B) (Blank). $0.033 shall be transferred by the | ||||||
20 | Comptroller at the direction of the Illinois State | ||||||
21 | Police to the Wireless Carrier Reimbursement Fund | ||||||
22 | until June 30, 2017; from July 1, 2017 through June 30, | ||||||
23 | 2018, $0.026 shall be transferred; from July 1, 2018 | ||||||
24 | through June 30, 2019, $0.020 shall be transferred; | ||||||
25 | from July 1, 2019, through June 30, 2020, $0.013 shall | ||||||
26 | be transferred; from July 1, 2020 through June 30, |
| |||||||
| |||||||
1 | 2021, $0.007 will be transferred; and after June 30, | ||||||
2 | 2021, no transfer shall be made to the Wireless | ||||||
3 | Carrier Reimbursement Fund. | ||||||
4 | (C) Until December 31, 2017, $0.007 and on and | ||||||
5 | after January 1, 2018, $0.017 shall be used to cover | ||||||
6 | the Illinois State Police's administrative costs. | ||||||
7 | (D) Beginning January 1, 2018, until June 30, | ||||||
8 | 2020, $0.12, and on and after July 1, 2020, $0.04 shall | ||||||
9 | be used to make monthly disbursements proportional | ||||||
10 | grants to the appropriate 9-1-1 Authority currently | ||||||
11 | taking wireless 9-1-1 based upon the United States | ||||||
12 | Postal Zip Code of the billing addresses of | ||||||
13 | subscribers wireless carriers. | ||||||
14 | (E) Until June 30, 2023, $0.05 shall be used by the | ||||||
15 | Illinois State Police for grants for NG9-1-1 expenses, | ||||||
16 | with priority given to 9-1-1 Authorities that provide | ||||||
17 | 9-1-1 service within the territory of a Large Electing | ||||||
18 | Provider as defined in Section 13-406.1 of the Public | ||||||
19 | Utilities Act. | ||||||
20 | (F) On and after July 1, 2020, $0.13 shall be used | ||||||
21 | for the implementation of and continuing expenses for | ||||||
22 | the Statewide NG9-1-1 system. | ||||||
23 | (1.5) Beginning on the effective date of this | ||||||
24 | amendatory Act of the 103rd General Assembly, to assist | ||||||
25 | with the implementation of the statewide Next Generation | ||||||
26 | 9-1-1 network, the Illinois State Police's administrative |
| |||||||
| |||||||
1 | costs include the one-time capital cost of upgrading the | ||||||
2 | Illinois State Police's call-handling equipment to meet | ||||||
3 | the standards necessary to access and increase | ||||||
4 | interoperability with the statewide Next Generation 9-1-1 | ||||||
5 | network as follows: | ||||||
6 | (A) upon completion of the Illinois State Police's | ||||||
7 | call-handling equipment upgrades, but no later than | ||||||
8 | June 30, 2024, surplus moneys in excess of $1,000,000 | ||||||
9 | from subparagraph (C) of paragraph (1) not utilized by | ||||||
10 | the Illinois State Police for administrative costs | ||||||
11 | shall be distributed to the 9-1-1 Authorities in | ||||||
12 | accordance with subparagraph (E) of paragraph (2) on | ||||||
13 | an annual basis at the end of the State fiscal year. | ||||||
14 | Any remaining surplus money may also be distributed | ||||||
15 | consistent with this paragraph (1.5) at the discretion | ||||||
16 | of the Illinois State Police; and | ||||||
17 | (B) upon implementation of the Statewide NG9-1-1 | ||||||
18 | system, but no later than June 30, 2024, surplus | ||||||
19 | moneys in excess of $5,000,000 from subparagraph (F) | ||||||
20 | of paragraph (1) not utilized by the Illinois State | ||||||
21 | Police for the implementation of and continuing | ||||||
22 | expenses for the Statewide NG9-1-1 system shall be | ||||||
23 | distributed to the 9-1-1 Authorities in accordance | ||||||
24 | with subparagraph (E) of subsection (2) on an annual | ||||||
25 | basis at the end of the State fiscal year. Any | ||||||
26 | remaining surplus money may also be distributed |
| |||||||
| |||||||
1 | consistent with this paragraph (1.5) at the discretion | ||||||
2 | of the Illinois State Police. | ||||||
3 | (2) After disbursements under paragraph (1) of this | ||||||
4 | subsection (b), all remaining funds in the Statewide 9-1-1 | ||||||
5 | Fund shall be disbursed in the following priority order: | ||||||
6 | (A) The Fund shall pay monthly to: | ||||||
7 | (i) the 9-1-1 Authorities that imposed | ||||||
8 | surcharges under Section 15.3 of this Act and were | ||||||
9 | required to report to the Illinois Commerce | ||||||
10 | Commission under Section 27 of the Wireless | ||||||
11 | Emergency Telephone Safety Act on October 1, 2014, | ||||||
12 | except a 9-1-1 Authority in a municipality with a | ||||||
13 | population in excess of 500,000, an amount equal | ||||||
14 | to the average monthly wireline and VoIP surcharge | ||||||
15 | revenue attributable to the most recent 12-month | ||||||
16 | period reported to the Illinois State Police under | ||||||
17 | that Section for the October 1, 2014 filing, | ||||||
18 | subject to the power of the Illinois State Police | ||||||
19 | to investigate the amount reported and adjust the | ||||||
20 | number by order under Article X of the Public | ||||||
21 | Utilities Act, so that the monthly amount paid | ||||||
22 | under this item accurately reflects one-twelfth of | ||||||
23 | the aggregate wireline and VoIP surcharge revenue | ||||||
24 | properly attributable to the most recent 12-month | ||||||
25 | period reported to the Commission; or | ||||||
26 | (ii) county qualified governmental entities |
| |||||||
| |||||||
1 | that did not impose a surcharge under Section 15.3 | ||||||
2 | as of December 31, 2015, and counties that did not | ||||||
3 | impose a surcharge as of June 30, 2015, an amount | ||||||
4 | equivalent to their population multiplied by .37 | ||||||
5 | multiplied by the rate of $0.69; counties that are | ||||||
6 | not county qualified governmental entities and | ||||||
7 | that did not impose a surcharge as of December 31, | ||||||
8 | 2015, shall not begin to receive the payment | ||||||
9 | provided for in this subsection until E9-1-1 and | ||||||
10 | wireless E9-1-1 services are provided within their | ||||||
11 | counties; or | ||||||
12 | (iii) counties without 9-1-1 service that had | ||||||
13 | a surcharge in place by December 31, 2015, an | ||||||
14 | amount equivalent to their population multiplied | ||||||
15 | by .37 multiplied by their surcharge rate as | ||||||
16 | established by the referendum. | ||||||
17 | (B) All 9-1-1 network costs for systems outside of | ||||||
18 | municipalities with a population of at least 500,000 | ||||||
19 | shall be paid by the Illinois State Police directly to | ||||||
20 | the vendors. | ||||||
21 | (C) All expenses incurred by the Administrator and | ||||||
22 | the Statewide 9-1-1 Advisory Board and costs | ||||||
23 | associated with procurement under Section 15.6b | ||||||
24 | including requests for information and requests for | ||||||
25 | proposals. | ||||||
26 | (D) Funds may be held in reserve by the Statewide |
| |||||||
| |||||||
1 | 9-1-1 Advisory Board and disbursed by the Illinois | ||||||
2 | State Police for grants under Section 15.4b of this | ||||||
3 | Act and for NG9-1-1 expenses up to $12.5 million per | ||||||
4 | year in State fiscal years 2016 and 2017; up to $20 | ||||||
5 | million in State fiscal year 2018; up to $20.9 million | ||||||
6 | in State fiscal year 2019; up to $15.3 million in State | ||||||
7 | fiscal year 2020; up to $16.2 million in State fiscal | ||||||
8 | year 2021; up to $23.1 million in State fiscal year | ||||||
9 | 2022; and up to $17.0 million per year for State fiscal | ||||||
10 | year 2023 and each year thereafter. The amount held in | ||||||
11 | reserve in State fiscal years 2021, 2022, and 2023 | ||||||
12 | shall not be less than $6.5 million. Disbursements | ||||||
13 | under this subparagraph (D) shall be prioritized as | ||||||
14 | follows: (i) consolidation grants prioritized under | ||||||
15 | subsection (a) of Section 15.4b of this Act; (ii) | ||||||
16 | NG9-1-1 expenses; and (iii) consolidation grants under | ||||||
17 | Section 15.4b of this Act for consolidation expenses | ||||||
18 | incurred between January 1, 2010, and January 1, 2016. | ||||||
19 | (E) All remaining funds per remit month shall be | ||||||
20 | used to make monthly disbursements proportional grants | ||||||
21 | to the appropriate 9-1-1 Authority currently taking | ||||||
22 | wireless 9-1-1 based upon the United States Postal Zip | ||||||
23 | Code of the billing addresses of subscribers of | ||||||
24 | wireless carriers. | ||||||
25 | (c) The moneys deposited into the Statewide 9-1-1 Fund | ||||||
26 | under this Section shall not be subject to administrative |
| |||||||
| |||||||
1 | charges or chargebacks unless otherwise authorized by this | ||||||
2 | Act. | ||||||
3 | (d) Whenever two or more 9-1-1 Authorities consolidate, | ||||||
4 | the resulting Joint Emergency Telephone System Board shall be | ||||||
5 | entitled to the monthly payments that had theretofore been | ||||||
6 | made to each consolidating 9-1-1 Authority. Any reserves held | ||||||
7 | by any consolidating 9-1-1 Authority shall be transferred to | ||||||
8 | the resulting Joint Emergency Telephone System Board. Whenever | ||||||
9 | a county that has no 9-1-1 service as of January 1, 2016 enters | ||||||
10 | into an agreement to consolidate to create or join a Joint | ||||||
11 | Emergency Telephone System Board, the Joint Emergency | ||||||
12 | Telephone System Board shall be entitled to the monthly | ||||||
13 | payments that would have otherwise been paid to the county if | ||||||
14 | it had provided 9-1-1 service.
| ||||||
15 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; | ||||||
16 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
17 | (50 ILCS 750/35) | ||||||
18 | (Section scheduled to be repealed on December 31, 2023) | ||||||
19 | Sec. 35. 9-1-1 surcharge; allowable expenditures. | ||||||
20 | (a) Except as otherwise provided in this Act, expenditures | ||||||
21 | from surcharge revenues received under this Act shall may be | ||||||
22 | made consistent with 47 CFR 9.23, which include by | ||||||
23 | municipalities, counties, and 9-1-1 Authorities only to pay | ||||||
24 | for the costs associated with the following: | ||||||
25 | (1) support and implementation of 9-1-1 services |
| |||||||
| |||||||
1 | provided by or in the State or taxing jurisdiction | ||||||
2 | imposing the fee or charge; and The design of the | ||||||
3 | Emergency Telephone System. | ||||||
4 | (2) operational expenses of public safety answering | ||||||
5 | points within the State. Examples of allowable | ||||||
6 | expenditures include, but are not limited to: | ||||||
7 | (A) PSAP operating costs, including lease, | ||||||
8 | purchase, maintenance, replacement, and upgrade of | ||||||
9 | customer premises equipment (hardware and software), | ||||||
10 | CAD equipment (hardware and software), and the PSAP | ||||||
11 | building and facility and including NG9-1-1, | ||||||
12 | cybersecurity, pre-arrival instructions, and emergency | ||||||
13 | notification systems. PSAP operating costs include | ||||||
14 | technological innovation that supports 9-1-1; | ||||||
15 | (B) PSAP personnel costs, including | ||||||
16 | telecommunicators' salaries and training; | ||||||
17 | (C) PSAP administration, including costs for | ||||||
18 | administration of 9-1-1 services and travel expenses | ||||||
19 | associated with the provision of 9-1-1 services; | ||||||
20 | (D) integrating public safety and first responder | ||||||
21 | dispatch and 9-1-1 systems, including lease, purchase, | ||||||
22 | maintenance, and upgrade of CAD equipment (hardware | ||||||
23 | and software) to support integrated 9-1-1 and public | ||||||
24 | safety dispatch operations; and | ||||||
25 | (E) providing the interoperability of 9-1-1 | ||||||
26 | systems with one another and with public safety and |
| |||||||
| |||||||
1 | first responder radio systems The coding of an initial | ||||||
2 | Master Street Address Guide database, and update and | ||||||
3 | maintenance thereof . | ||||||
4 | (3) (Blank). The repayment of any moneys advanced for | ||||||
5 | the implementation of the system. | ||||||
6 | (4) (Blank). The charges for Automatic Number | ||||||
7 | Identification and Automatic Location Identification | ||||||
8 | equipment, a computer aided dispatch system that records, | ||||||
9 | maintains, and integrates information, mobile data | ||||||
10 | transmitters equipped with automatic vehicle locators, and | ||||||
11 | maintenance, replacement, and update thereof to increase | ||||||
12 | operational efficiency and improve the provision of | ||||||
13 | emergency services. | ||||||
14 | (5) (Blank). The non-recurring charges related to | ||||||
15 | installation of the Emergency Telephone System. | ||||||
16 | (6) (Blank). The initial acquisition and installation, | ||||||
17 | or the reimbursement of costs therefor to other | ||||||
18 | governmental bodies that have incurred those costs, of | ||||||
19 | road or street signs that are essential to the | ||||||
20 | implementation of the Emergency Telephone System and that | ||||||
21 | are not duplicative of signs that are the responsibility | ||||||
22 | of the jurisdiction charged with maintaining road and | ||||||
23 | street signs. Funds may not be used for ongoing expenses | ||||||
24 | associated with road or street sign maintenance and | ||||||
25 | replacement. | ||||||
26 | (7) (Blank). Other products and services necessary for |
| |||||||
| |||||||
1 | the implementation, upgrade, and maintenance of the system | ||||||
2 | and any other purpose related to the operation of the | ||||||
3 | system, including costs attributable directly to the | ||||||
4 | construction, leasing, or maintenance of any buildings or | ||||||
5 | facilities or costs of personnel attributable directly to | ||||||
6 | the operation of the system. Costs attributable directly | ||||||
7 | to the operation of an emergency telephone system do not | ||||||
8 | include the costs of public safety agency personnel who | ||||||
9 | are and equipment that is dispatched in response to an | ||||||
10 | emergency call. | ||||||
11 | (8) (Blank). The defraying of expenses incurred to | ||||||
12 | implement Next Generation 9-1-1, subject to the conditions | ||||||
13 | set forth in this Act. | ||||||
14 | (9) (Blank). The implementation of a computer aided | ||||||
15 | dispatch system or hosted supplemental 9-1-1 services. | ||||||
16 | (10) (Blank). The design, implementation, operation, | ||||||
17 | maintenance, or upgrade of wireless 9-1-1, E9-1-1, or | ||||||
18 | NG9-1-1 emergency services and public safety answering | ||||||
19 | points. | ||||||
20 | (b) The obligation or expenditure of surcharge revenues | ||||||
21 | received under this Act for a purpose or function inconsistent | ||||||
22 | with 47 CFR 9.23 and this Section shall constitute diversion, | ||||||
23 | which undermines the purpose of this Act by depriving the | ||||||
24 | 9-1-1 system of the funds it needs to function effectively and | ||||||
25 | to modernize 9-1-1 operations. Examples of diversion include, | ||||||
26 | but are not limited to: |
| |||||||
| |||||||
1 | (1) transfer of 9-1-1 fees into a State or other | ||||||
2 | jurisdiction's general fund or other fund for non-9-1-1 | ||||||
3 | purposes; | ||||||
4 | (2) use of surcharge revenues for equipment or | ||||||
5 | infrastructure for constructing or expanding | ||||||
6 | non-public-safety communications networks (e.g., | ||||||
7 | commercial cellular networks); and | ||||||
8 | (3) use of surcharge revenues for equipment or | ||||||
9 | infrastructure for law enforcement, firefighters, and | ||||||
10 | other public safety or first responder entities that does | ||||||
11 | not directly support providing 9-1-1 services. | ||||||
12 | (c) In the case of a municipality with a population over | ||||||
13 | 500,000, moneys may also be used for any anti-terrorism or | ||||||
14 | emergency preparedness measures, including, but not limited | ||||||
15 | to, preparedness planning, providing local matching funds for | ||||||
16 | federal or State grants, personnel training, and specialized | ||||||
17 | equipment, including surveillance cameras, as needed to deal | ||||||
18 | with natural and terrorist-inspired emergency situations or | ||||||
19 | events.
| ||||||
20 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| ||||||
21 | (50 ILCS 750/40) | ||||||
22 | (Section scheduled to be repealed on December 31, 2023) | ||||||
23 | Sec. 40. Financial reports. | ||||||
24 | (a) The Illinois State Police shall create uniform | ||||||
25 | accounting procedures, with such modification as may be |
| |||||||
| |||||||
1 | required to give effect to statutory provisions applicable | ||||||
2 | only to municipalities with a population in excess of 500,000, | ||||||
3 | that any emergency telephone system board or unit of local | ||||||
4 | government receiving surcharge money pursuant to Section 15.3, | ||||||
5 | 15.3a, or 30 of this Act must follow. | ||||||
6 | (b) By January 31, 2018, and every January 31 thereafter, | ||||||
7 | each emergency telephone system board or unit of local | ||||||
8 | government receiving surcharge money pursuant to Section 15.3, | ||||||
9 | 15.3a, or 30 shall report to the Illinois State Police audited | ||||||
10 | financial statements showing total revenue and expenditures | ||||||
11 | for the period beginning with the end of the period covered by | ||||||
12 | the last submitted report through the end of the previous | ||||||
13 | calendar year in a form and manner as prescribed by the | ||||||
14 | Illinois State Police. Such financial information shall | ||||||
15 | include: | ||||||
16 | (1) a detailed summary of revenue from all sources | ||||||
17 | including, but not limited to, local, State, federal, and | ||||||
18 | private revenues, and any other funds received; | ||||||
19 | (2) all expenditures made during the reporting period | ||||||
20 | from distributions under this Act; | ||||||
21 | (3) call data and statistics, when available, from the | ||||||
22 | reporting period, as specified by the Illinois State | ||||||
23 | Police and collected in accordance with any reporting | ||||||
24 | method established or required by the Illinois State | ||||||
25 | Police; | ||||||
26 | (4) all costs associated with dispatching appropriate |
| |||||||
| |||||||
1 | public safety agencies to respond to 9-1-1 calls received | ||||||
2 | by the PSAP; and | ||||||
3 | (5) all funding sources and amounts of funding used | ||||||
4 | for costs described in paragraph (4) of this subsection | ||||||
5 | (b). | ||||||
6 | The emergency telephone system board or unit of local | ||||||
7 | government is responsible for any costs associated with | ||||||
8 | auditing such financial statements. The Illinois State Police | ||||||
9 | shall post annual financial reports the audited financial | ||||||
10 | statements on the Illinois State Police's website. | ||||||
11 | (c) Along with its audited financial statement, each | ||||||
12 | emergency telephone system board or unit of local government | ||||||
13 | receiving a grant under Section 15.4b of this Act shall | ||||||
14 | include a report of the amount of grant moneys received and how | ||||||
15 | the grant moneys were used. In case of a conflict between this | ||||||
16 | requirement and the Grant Accountability and Transparency Act, | ||||||
17 | or with the rules of the Governor's Office of Management and | ||||||
18 | Budget adopted thereunder, that Act and those rules shall | ||||||
19 | control. | ||||||
20 | (d) If an emergency telephone system board that receives | ||||||
21 | funds from the Statewide 9-1-1 Fund fails to file the 9-1-1 | ||||||
22 | system financial reports as required under this Section, the | ||||||
23 | Illinois State Police shall suspend and withhold monthly | ||||||
24 | disbursements otherwise due to the emergency telephone system | ||||||
25 | board under Section 30 of this Act until the report is filed. | ||||||
26 | Any monthly disbursements that have been withheld for 12 |
| |||||||
| |||||||
1 | months or more shall be forfeited by the emergency telephone | ||||||
2 | system board and shall be distributed proportionally by the | ||||||
3 | Illinois State Police to compliant emergency telephone system | ||||||
4 | boards that receive funds from the Statewide 9-1-1 Fund. | ||||||
5 | Any emergency telephone system board not in compliance | ||||||
6 | with this Section shall be ineligible to receive any | ||||||
7 | consolidation grant or infrastructure grant issued under this | ||||||
8 | Act. | ||||||
9 | (e) The Illinois State Police may adopt emergency rules | ||||||
10 | necessary to implement the provisions of this Section.
| ||||||
11 | (f) Any findings or decisions of the Illinois State Police | ||||||
12 | under this Section shall be deemed a final administrative | ||||||
13 | decision and shall be subject to judicial review under the | ||||||
14 | Administrative Review Law. | ||||||
15 | (g) Beginning October 1, 2017, the Illinois State Police | ||||||
16 | shall provide a quarterly report to the Statewide 9-1-1 | ||||||
17 | Advisory Board of its expenditures from the Statewide 9-1-1 | ||||||
18 | Fund for the prior fiscal quarter. | ||||||
19 | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | ||||||
20 | 102-813, eff. 5-13-22.)
| ||||||
21 | (50 ILCS 750/50) | ||||||
22 | (Section scheduled to be repealed on December 31, 2023) | ||||||
23 | Sec. 50. Fund audits. The Auditor General shall conduct as | ||||||
24 | a part of its bi-annual audit, an audit of the Statewide 9-1-1 | ||||||
25 | Fund and the Wireless Carrier Reimbursement Fund for |
| |||||||
| |||||||
1 | compliance with the requirements of this Act. The audit shall | ||||||
2 | include, but not be limited to, the following determinations: | ||||||
3 | (1) Whether detailed records of all receipts and | ||||||
4 | disbursements from the Statewide 9-1-1 Fund and the | ||||||
5 | Wireless Carrier Reimbursement Fund are being maintained. | ||||||
6 | (2) Whether administrative costs charged to the funds | ||||||
7 | are adequately documented and are reasonable. | ||||||
8 | (3) Whether the procedures for making disbursements | ||||||
9 | and grants and providing reimbursements in accordance with | ||||||
10 | the Act are adequate. | ||||||
11 | (4) The status of the implementation of statewide | ||||||
12 | 9-1-1 service and Next Generation 9-1-1 service in | ||||||
13 | Illinois. | ||||||
14 | The Illinois Commerce Commission, the Illinois State | ||||||
15 | Police, and any other entity or person that may have | ||||||
16 | information relevant to the audit shall cooperate fully and | ||||||
17 | promptly with the Office of the Auditor General in conducting | ||||||
18 | the audit. The Auditor General shall commence the audit as | ||||||
19 | soon as possible and distribute the report upon completion in | ||||||
20 | accordance with Section 3-14 of the Illinois State Auditing | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
23 | (50 ILCS 750/99) | ||||||
24 | (Section scheduled to be repealed on December 31, 2023) | ||||||
25 | Sec. 99. Repealer. This Act is repealed on December 31, |
| |||||||
| |||||||
1 | 2025 2023 .
| ||||||
2 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| ||||||
3 | (50 ILCS 750/15 rep.)
| ||||||
4 | (50 ILCS 750/15.2c rep.) | ||||||
5 | (50 ILCS 750/45 rep.) | ||||||
6 | Section 15. The Emergency Telephone System Act is amended | ||||||
7 | by repealing Sections 15, 15.2c, and 45.
| ||||||
8 | Section 20. The Criminal Code of 2012 is amended by | ||||||
9 | changing Section 26-1 as follows:
| ||||||
10 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| ||||||
11 | Sec. 26-1. Disorderly conduct.
| ||||||
12 | (a) A person commits disorderly conduct when he or she | ||||||
13 | knowingly:
| ||||||
14 | (1) Does any act in such unreasonable manner as to | ||||||
15 | alarm or disturb
another and to provoke a breach of the | ||||||
16 | peace;
| ||||||
17 | (2) Transmits or causes to be transmitted in any | ||||||
18 | manner to the fire
department of any city,
town, village | ||||||
19 | or fire protection district a false alarm of fire, knowing
| ||||||
20 | at the time of the transmission that there is no | ||||||
21 | reasonable ground for
believing that the fire exists;
| ||||||
22 | (3) Transmits or causes to be transmitted in any | ||||||
23 | manner to another a
false alarm to the effect that a bomb |
| |||||||
| |||||||
1 | or other explosive of any nature or a
container holding | ||||||
2 | poison gas, a deadly biological or chemical contaminant, | ||||||
3 | or
radioactive substance is concealed in a place where its | ||||||
4 | explosion or release
would endanger human life, knowing at | ||||||
5 | the time of the transmission that there
is no reasonable | ||||||
6 | ground for believing that the bomb, explosive or a | ||||||
7 | container
holding poison gas, a deadly biological or | ||||||
8 | chemical contaminant, or radioactive
substance is | ||||||
9 | concealed in the place;
| ||||||
10 | (3.5) Transmits or causes to be transmitted in any | ||||||
11 | manner a threat of destruction of a school building or | ||||||
12 | school property, or a threat of violence, death, or bodily | ||||||
13 | harm directed against persons at a school, school | ||||||
14 | function, or school event, whether or not school is in | ||||||
15 | session; | ||||||
16 | (4) Transmits or causes to be transmitted in any | ||||||
17 | manner to any peace
officer, public officer or public | ||||||
18 | employee a report to the effect that an
offense will be | ||||||
19 | committed, is being committed, or has been committed, | ||||||
20 | knowing
at the time of the transmission that there is no | ||||||
21 | reasonable ground for
believing that the offense will be | ||||||
22 | committed, is being committed, or has
been committed;
| ||||||
23 | (5) Transmits or causes to be transmitted in any | ||||||
24 | manner a false report to any public
safety agency without | ||||||
25 | the reasonable grounds necessary to believe that
| ||||||
26 | transmitting the report is necessary for the safety and |
| |||||||
| |||||||
1 | welfare of the
public; or
| ||||||
2 | (6) Calls or texts the number "911" or transmits or | ||||||
3 | causes to be transmitted in any manner to a public safety | ||||||
4 | agency or public safety answering point for the purpose of | ||||||
5 | making or transmitting a
false alarm or complaint and | ||||||
6 | reporting information when, at the time the call , text,
or | ||||||
7 | transmission is made, the person knows there is no | ||||||
8 | reasonable ground for
making the call or transmission and | ||||||
9 | further knows that the call or transmission
could result | ||||||
10 | in the emergency response of any public safety agency ;
| ||||||
11 | (7) Transmits or causes to be transmitted in any | ||||||
12 | manner a false report to the
Department of Children and | ||||||
13 | Family Services under Section 4 of the Abused and
| ||||||
14 | Neglected Child Reporting Act;
| ||||||
15 | (8) Transmits or causes to be transmitted in any | ||||||
16 | manner a false report to the
Department of Public Health | ||||||
17 | under the Nursing Home Care Act, the Specialized Mental | ||||||
18 | Health Rehabilitation Act of 2013, the ID/DD Community | ||||||
19 | Care Act, or the MC/DD Act;
| ||||||
20 | (9) Transmits or causes to be transmitted in any | ||||||
21 | manner to the police
department or fire department of any | ||||||
22 | municipality or fire protection district,
or any privately | ||||||
23 | owned and operated ambulance service, a false request for | ||||||
24 | an
ambulance, emergency medical technician-ambulance or | ||||||
25 | emergency medical
technician-paramedic knowing at the time | ||||||
26 | there is no reasonable ground for
believing that the |
| |||||||
| |||||||
1 | assistance is required;
| ||||||
2 | (10) Transmits or causes to be transmitted in any | ||||||
3 | manner a false report under
Article II of Public Act | ||||||
4 | 83-1432;
| ||||||
5 | (11) Enters upon the property of another and for a | ||||||
6 | lewd or unlawful
purpose deliberately looks into a | ||||||
7 | dwelling on the property through any
window or other | ||||||
8 | opening in it; or
| ||||||
9 | (12) While acting as a collection agency as defined in | ||||||
10 | the
Collection Agency Act or as an employee of the | ||||||
11 | collection agency, and
while attempting to collect an | ||||||
12 | alleged debt, makes a telephone call to
the alleged debtor | ||||||
13 | which is designed to harass, annoy or intimidate the
| ||||||
14 | alleged debtor.
| ||||||
15 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
16 | Section
is a Class C misdemeanor. A violation of subsection | ||||||
17 | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | ||||||
18 | violation of subsection
(a)(8) or (a)(10) of this Section is a | ||||||
19 | Class B misdemeanor. A violation of
subsection (a)(2), | ||||||
20 | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | ||||||
21 | a Class 4
felony. A
violation of subsection (a)(3) of this | ||||||
22 | Section is a Class 3 felony, for which
a fine of not less than | ||||||
23 | $3,000 and no more than $10,000 shall be assessed in
addition | ||||||
24 | to any other penalty imposed.
| ||||||
25 | A violation of subsection (a)(12) of this Section is a | ||||||
26 | Business Offense and
shall be punished by a fine not to exceed |
| |||||||
| |||||||
1 | $3,000. A second or subsequent
violation of subsection (a)(7) | ||||||
2 | or (a)(5) of this Section is a Class
4 felony. A third or | ||||||
3 | subsequent violation of subsection (a)(11) of this Section
is | ||||||
4 | a Class 4 felony.
| ||||||
5 | (c) In addition to any other sentence that may be imposed, | ||||||
6 | a court shall
order any person convicted of disorderly conduct | ||||||
7 | to perform community service
for not less than 30 and not more | ||||||
8 | than 120 hours, if community service is
available in the | ||||||
9 | jurisdiction and is funded and approved by the county board of
| ||||||
10 | the county where the offense was committed. In addition, | ||||||
11 | whenever any person
is placed on supervision for an alleged | ||||||
12 | offense under this Section, the
supervision shall be | ||||||
13 | conditioned upon the performance of the community service.
| ||||||
14 | This subsection does not apply when the court imposes a | ||||||
15 | sentence of
incarceration. | ||||||
16 | (d) In addition to any other sentence that may be imposed, | ||||||
17 | the court shall
order any person convicted of disorderly | ||||||
18 | conduct under paragraph (3) of subsection (a) involving a | ||||||
19 | false alarm of a threat that a bomb or explosive device has | ||||||
20 | been placed in a school that requires an emergency response to | ||||||
21 | reimburse the unit of government that employs the emergency | ||||||
22 | response officer or officers that were dispatched to the | ||||||
23 | school for the cost of the response. If the court determines | ||||||
24 | that the person convicted of disorderly conduct that requires | ||||||
25 | an emergency response to a school is indigent, the provisions | ||||||
26 | of this subsection (d) do not apply. |
| |||||||
| |||||||
1 | (e) In addition to any other sentence that may be imposed, | ||||||
2 | the court shall
order any person convicted of disorderly | ||||||
3 | conduct under paragraph (3.5) or (6) of subsection (a) to | ||||||
4 | reimburse the public agency for the reasonable costs of the | ||||||
5 | emergency response by the public agency up to $10,000. If the | ||||||
6 | court determines that the person convicted of disorderly | ||||||
7 | conduct under paragraph (3.5) or (6) of subsection (a) is | ||||||
8 | indigent, the provisions of this subsection (e) do not apply. | ||||||
9 | (f) For the purposes of this Section, "emergency response" | ||||||
10 | means any condition that results in, or could result in, the | ||||||
11 | response of a public official in an authorized emergency | ||||||
12 | vehicle, any condition that jeopardizes or could jeopardize | ||||||
13 | public safety and results in, or could result in, the | ||||||
14 | evacuation of any area, building, structure, vehicle, or of | ||||||
15 | any other place that any person may enter, or any incident | ||||||
16 | requiring a response by a police officer, a firefighter, a | ||||||
17 | State Fire Marshal employee, or an ambulance. | ||||||
18 | (Source: P.A. 101-238, eff. 1-1-20 .)
| ||||||
19 | Section 99. Effective date. This Section and the changes | ||||||
20 | to Section 99 of the Emergency Telephone System Act take | ||||||
21 | effect upon becoming law.".
|