Bill Text: IL HB3940 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Further amends the Emergency Telephone System Act. Adds a definition of "first responder" and modifies the definition of "grade of service". Provides that within 36 (rather than 18) months of the awarding of a contract to a certified vendor to provide Next Generation 9-1-1 service, a 9-1-1 system in Illinois shall provide Next Generation 9-1-1 service, except that a municipality with a population over 500,000 shall provide Next Generation 9-1-1 service by July 1, 2024 (rather than December 31, 2023). Provides that every 9-1-1 system shall be able to accept text to 9-1-1 no later than July 1, 2024 (rather than January 1, 2023). Changes the date on which each aggregator that is operating within the State must submit (rather than email) to the Office of the Statewide 9-1-1 Administrator information that supports the implementation of and the migration to the Statewide NG9-1-1 system and provides that the Illinois State Police shall make available the form to submit the information. Makes changes relating to call handling and aid outside jurisdictional boundaries agreements. Prohibits calling or texting 9-1-1 or causing a transmission, in any manner, to a public safety agency or public safety answering point (rather than placing an emergency call to 9-1-1 for the purpose of making or transmitting a false alarm or complaint and reporting information) when, at the time the call, text, or transmission is made, the person knows there is no reasonable ground for making the call, text, or transmission (removing a requirement that the person further knows that the call or transmission could result in the emergency response of any public safety agency), and makes conforming changes to the elements of disorderly conduct in the Criminal Code of 2012. Provides that the Emergency Telephone System Board shall complete and maintain a Next Generation 9-1-1 GIS database in accordance with NENA Standards before implementation of the NG9-1-1 system. Provides that the MSAG and GIS data standardizing and synchronization must reach a 98% or greater match rate, with an option of matching with ALI, before using GIS data for NG9-1-1 (rather than complete a Master Street Address Guide database before implementation of the 9-1-1 system and that the error ratio of the database shall not at any time exceed 1% of the total database). Makes changes relating to consolidation grants. Allows the cost of upgrading the Illinois State Police's call-handling equipment to meet the standards necessary to access and increase interoperability with the statewide Next Generation 9-1-1 network to be included in the Illinois State Police's administrative costs, and includes requirements relating to those upgrades. Provides that surcharge revenues received under the Act shall be made consistent with specified federal law, including specified examples (rather than may be made by municipalities, counties, and 9-1-1 Authorities only to pay for the costs associated with specified requirements). Provides that the Illinois State Police shall create uniform accounting procedures that any emergency telephone system board (rather than board or unit of local government) receiving surcharge money must follow. Provides that the Illinois State Police shall post annual financial reports (rather than the audited financial statements) on the Illinois State Police's website. Repeals provisions relating to copies of the annual certified notification of continuing agreement to be filed with the Attorney General and the statewide 9-1-1 Administrator, call boxes, and the Wireless Carrier Reimbursement Fund. Removes references to the Wireless Carrier Reimbursement Fund in the Act and the State Finance Act. Certain changes are effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0366 [HB3940 Detail]

Download: Illinois-2023-HB3940-Enrolled.html

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HB3940 Enrolled LRB103 25395 AWJ 51742 b
An Act concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(30 ILCS 105/5.531 rep.)
Section 5. The State Finance Act is amended by repealing
Section 5.531.
Section 10. The Emergency Telephone System Act is amended
by changing Sections 2, 3, 6.2, 11.5, 14, 15.2, 15.3, 15.3a,
15.4, 15.4b, 15.5, 20, 30, 35, 40, 50, and 99 as follows:
(50 ILCS 750/2) (from Ch. 134, par. 32)
(Section scheduled to be repealed on December 31, 2023)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"9-1-1 network" means the network used for the delivery of
9-1-1 calls and messages over dedicated and redundant
facilities to a primary or backup 9-1-1 PSAP that meets the
appropriate grade of service.
"9-1-1 system" means the geographic area that has been
granted an order of authority by the Commission or the
Statewide 9-1-1 Administrator to use "9-1-1" as the primary
emergency telephone number, including, but not limited to, the
network, software applications, databases, CPE components and

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operational and management procedures required to provide
9-1-1 service.
"9-1-1 Authority" means an Emergency Telephone System
Board or Joint Emergency Telephone System Board that provides
for the management and operation of a 9-1-1 system. "9-1-1
Authority" includes the Illinois State Police only to the
extent it provides 9-1-1 services under this Act.
"9-1-1 System Manager" means the manager, director,
administrator, or coordinator who at the direction of his or
her Emergency Telephone System Board is responsible for the
implementation and execution of the order of authority issued
by the Commission or the Statewide 9-1-1 Administrator through
the programs, policies, procedures, and daily operations of
the 9-1-1 system consistent with the provisions of this Act.
"Administrator" means the Statewide 9-1-1 Administrator.
"Advanced service" means any telecommunications service
with or without dynamic bandwidth allocation, including, but
not limited to, ISDN Primary Rate Interface (PRI), that,
through the use of a DS-1, T-1, or other un-channelized or
multi-channel transmission facility, is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"Aggregator" means an entity that ingresses 9-1-1 calls of
multiple traffic types or 9-1-1 calls from multiple
originating service providers and combines them on a trunk

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group or groups (or equivalent egress connection arrangement
to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
system), and that uses the routing information provided in the
received call setup signaling to select the appropriate trunk
group and proceeds to signal call setup toward the 9-1-1
system provider. "Aggregator" includes an originating service
provider that provides aggregation functions for its own 9-1-1
calls. "Aggregator" also includes an aggregation network or an
aggregation entity that provides aggregator services for other
types of system providers, such as cloud-based services or
enterprise networks as its client.
"ALI" or "automatic location identification" means the
automatic display at the public safety answering point of the
address or location of the caller's telephone and
supplementary emergency services information of the location
from which a call originates.
"ANI" or "automatic number identification" means the
automatic display of the 10-digit telephone number associated
with the caller's telephone number.
"Automatic alarm" and "automatic alerting device" mean any
device that will access the 9-1-1 system for emergency
services upon activation and does not provide for two-way
communication.
"Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
Backup Answering Point, or VAP.
"Authorized entity" means an answering point or

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participating agency other than a decommissioned PSAP.
"Backup PSAP" means an answering point that meets the
appropriate standards of service and serves as an alternate to
the PSAP operating independently from the PSAP at a different
location that has the capability to direct dispatch for the
PSAP or otherwise transfer emergency calls directly to an
authorized entity. A backup PSAP may accept overflow calls
from the PSAP or be activated if the primary PSAP is disabled.
"Board" means an Emergency Telephone System Board or a
Joint Emergency Telephone System Board created pursuant to
Section 15.4.
"Call back number" means a number used by a PSAP to
recontact a location from which a 9-1-1 call was placed,
regardless of whether that number is a direct-dial number for
a station used to originate a 9-1-1 call.
"Carrier" includes a telecommunications carrier and a
wireless carrier.
"Commission" means the Illinois Commerce Commission.
"Computer aided dispatch" or "CAD" means a computer-based
system that aids public safety telecommunicators by automating
selected dispatching and recordkeeping activities.
"Direct dispatch" means a 9-1-1 service wherein upon
receipt of an emergency call, a public safety telecommunicator
transmits - without delay, transfer, relay, or referral - all
relevant available information to the appropriate public
safety personnel or emergency responders.

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"Dispatchable location" means the street address of a
9-1-1 caller and additional information, such as room number,
floor number, or similar information, necessary to identify
the location of the 9-1-1 caller.
"Decommissioned" means the revocation of a PSAPs authority
to handle 9-1-1 calls as an answering point within the 9-1-1
network.
"DS-1, T-1, or similar un-channelized or multi-channel
transmission facility" means a facility that can transmit and
receive a bit rate of at least 1.544 megabits per second
(Mbps).
"Dynamic bandwidth allocation" means the ability of the
facility or customer to drop and add channels, or adjust
bandwidth, when needed in real time for voice or data
purposes.
"Emergency call" means any type of request for emergency
assistance through a 9-1-1 network either to the digits 9-1-1
or the emergency 24/7 10-digit telephone number for all
answering points. An emergency call is not limited to a voice
telephone call. It could be a two-way video call, an
interactive text, Teletypewriter (TTY), an SMS, an Instant
Message, or any new mechanism for communications available in
the future. An emergency call occurs when the request for
emergency assistance is received by a public safety
telecommunicator.
"EMS personnel" has the meaning given to that term in

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Section 3.5 of the Emergency Medical Services (EMS) Systems
Act.
"Enhanced 9-1-1" or "E9-1-1" means a telephone system that
includes network switching, database and PSAP premise elements
capable of providing automatic location identification data,
selective routing, selective transfer, fixed transfer, and a
call back number, including any enhanced 9-1-1 service so
designated by the Federal Communications Commission in its
report and order in WC Dockets Nos. 04-36 and 05-196, or any
successor proceeding.
"ETSB" means an emergency telephone system board appointed
by the corporate authorities of any county or municipality
that provides for the management and operation of a 9-1-1
system.
"First responder" means someone designated by a public
safety agency who is charged with responding to emergency
service requests, including emergency communications
professionals, public safety telecommunicators, public safety
telecommunicator supervisors, and police, fire, and EMS
personnel who operate in the field.
"Grade of service" means P.01 for E9-1-1 enhanced 9-1-1
services or the equivalent for NENA Baseline NG9-1-1 as set
forth in the NENA i3 Solution adopted standard for NG9-1-1.
"Hearing-impaired individual" means a person with a
permanent hearing loss who can regularly and routinely
communicate by telephone only through the aid of devices which

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can send and receive written messages over the telephone
network.
"Hosted supplemental 9-1-1 service" means a database
service that:
(1) electronically provides information to 9-1-1 call
takers when a call is placed to 9-1-1;
(2) allows telephone subscribers to provide
information to 9-1-1 to be used in emergency scenarios;
(3) collects a variety of formatted data relevant to
9-1-1 and first responder needs, which may include, but is
not limited to, photographs of the telephone subscribers,
physical descriptions, medical information, household
data, and emergency contacts;
(4) allows for information to be entered by telephone
subscribers through a secure website where they can elect
to provide as little or as much information as they
choose;
(5) automatically displays data provided by telephone
subscribers to 9-1-1 call takers for all types of
telephones when a call is placed to 9-1-1 from a
registered and confirmed phone number;
(6) supports the delivery of telephone subscriber
information through a secure internet connection to all
emergency telephone system boards;
(7) works across all 9-1-1 call taking equipment and
allows for the easy transfer of information into a

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computer aided dispatch system; and
(8) may be used to collect information pursuant to an
Illinois Premise Alert Program as defined in the Illinois
Premise Alert Program (PAP) Act.
"Interconnected voice over Internet protocol provider" or
"Interconnected VoIP provider" has the meaning given to that
term under Section 13-235 of the Public Utilities Act.
"Joint ETSB" means a Joint Emergency Telephone System
Board established by intergovernmental agreement of two or
more municipalities or counties, or a combination thereof, to
provide for the management and operation of a 9-1-1 system.
"Key telephone system" means a type of MLTS designed to
provide shared access to several outside lines through buttons
or keys typically offering identified access lines with direct
line appearance or termination on a given telephone set.
"Local public agency" means any unit of local government
or special purpose district located in whole or in part within
this State that provides or has authority to provide
firefighting, police, ambulance, medical, or other emergency
services.
"Mechanical dialer" means any device that accesses the
9-1-1 system without human intervention and does not provide
for two-way communication.
"Master Street Address Guide" or "MSAG" is a database of
street names and house ranges within their associated
communities defining emergency service zones (ESZs) and their

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associated emergency service numbers (ESNs) to enable proper
routing of 9-1-1 calls.
"Mobile telephone number" or "MTN" means the telephone
number assigned to a wireless telephone at the time of initial
activation.
"Multi-line telephone system" or "MLTS" means a system
that is comprised of a common control unit or units, telephone
sets, control hardware and software, and adjunct systems and
that enables users to make and receive telephone calls using
shared resources, such as telephone network trunks or data
link bandwidth. The terms "multi-line telephone system" and
"MLTS" include, but are not limited to: network-based and
premises-based systems, such as Centrex service;
premises-based, hosted, and cloud-based VoIP systems; PBX,
hybrid, and key telephone systems (as classified by the
Federal Communications Commission under 47 CFR Part 68 or any
successor rules); and systems owned or leased by governmental
agencies, nonprofit entities, and for-profit businesses.
"Network connections" means the number of voice grade
communications channels directly between a subscriber and a
telecommunications carrier's public switched network, without
the intervention of any other telecommunications carrier's
switched network, which would be required to carry the
subscriber's inter-premises traffic and which connection
either (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System, if one

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exists, or (2) if no system exists at the time a surcharge is
imposed under Section 15.3, that would be capable of providing
access through the public switched network to the local 9-1-1
Emergency Telephone System if one existed. Where multiple
voice grade communications channels are connected to a
telecommunications carrier's public switched network through a
private branch exchange (PBX) service, there shall be
determined to be one network connection for each trunk line
capable of transporting either the subscriber's inter-premises
traffic to the public switched network or the subscriber's
9-1-1 calls to the public agency. Where multiple voice grade
communications channels are connected to an OSP's public
switched network through Centrex type service, the number of
network connections shall be equal to the number of PBX trunk
equivalents for the subscriber's service or other multiple
voice grade communication channels facility, as determined by
reference to any generally applicable exchange access service
tariff filed by the subscriber's telecommunications carrier
with the Commission.
"Network costs" means those recurring costs that directly
relate to the operation of the 9-1-1 network as determined by
the Statewide 9-1-1 Administrator with the advice of the
Statewide 9-1-1 Advisory Board, which may include, but need
not be limited to, some or all of the following: costs for
interoffice trunks, selective routing charges, transfer lines
and toll charges for 9-1-1 services, Automatic Location

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Information (ALI) database charges, independent local exchange
carrier charges and non-system provider charges, carrier
charges for third party database for on-site customer premises
equipment, back-up PSAP trunks for non-system providers,
periodic database updates as provided by carrier (also known
as "ALI data dump"), regional ALI storage charges, circuits
for call delivery (fiber or circuit connection), NG9-1-1
costs, and all associated fees, taxes, and surcharges on each
invoice. "Network costs" shall not include radio circuits or
toll charges that are other than for 9-1-1 services.
"Next generation 9-1-1" or "NG9-1-1" means a secure
Internet Protocol-based (IP-based) open-standards system
comprised of hardware, software, data, and operational
policies and procedures that:
(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
(B) processes all types of emergency calls,
including voice, text, data, and multimedia
information;
(C) acquires and integrates additional emergency
call data useful to call routing and handling;
(D) delivers the emergency calls, messages, and
data to the appropriate public safety answering point
and other appropriate emergency entities based on the
location of the caller;

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(E) supports data, video, and other communications
needs for coordinated incident response and
management; and
(F) interoperates with services and networks used
by first responders to facilitate emergency response.
"NG9-1-1 costs" means those recurring costs that directly
relate to the Next Generation 9-1-1 service as determined by
the Statewide 9-1-1 Administrator with the advice of the
Statewide 9-1-1 Advisory Board, which may include, but need
not be limited to, costs for NENA i3 Core Components (Border
Control Function (BCF), Emergency Call Routing Function
(ECRF), Location Validation Function (LVF), Emergency Services
Routing Proxy (ESRP), Policy Store/Policy Routing Functions
(PSPRF), and Location Information Servers (LIS)), Statewide
ESInet, software external to the PSAP (data collection,
identity management, aggregation, and GIS functionality), and
gateways (legacy 9-1-1 tandems or gateways or both).
"Originating service provider" or "OSP" means the entity
that provides services to end users that may be used to
originate voice or nonvoice 9-1-1 requests for assistance and
who would interconnect, in any of various fashions, to the
9-1-1 system provider for purposes of delivering 9-1-1 traffic
to the public safety answering points.
"Private branch exchange" or "PBX" means a private
telephone system and associated equipment located on the
user's property that provides communications between internal

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stations and external networks.
"Private business switch service" means network and
premises based systems including a VoIP, Centrex type service,
or PBX service, even though key telephone systems or
equivalent telephone systems registered with the Federal
Communications Commission under 47 CFR Part 68 are directly
connected to Centrex type and PBX systems. "Private business
switch service" does not include key telephone systems or
equivalent telephone systems registered with the Federal
Communications Commission under 47 CFR Part 68 when not used
in conjunction with a VoIP, Centrex type, or PBX systems.
"Private business switch service" typically includes, but is
not limited to, private businesses, corporations, and
industries where the telecommunications service is primarily
for conducting business.
"Private residential switch service" means network and
premise based systems including a VoIP, Centrex type service,
or PBX service or key telephone systems or equivalent
telephone systems registered with the Federal Communications
Commission under 47 CFR Part 68 that are directly connected to
a VoIP, Centrex type service, or PBX systems equipped for
switched local network connections or 9-1-1 system access to
residential end users through a private telephone switch.
"Private residential switch service" does not include key
telephone systems or equivalent telephone systems registered
with the Federal Communications Commission under 47 CFR Part

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68 when not used in conjunction with a VoIP, Centrex type, or
PBX systems. "Private residential switch service" typically
includes, but is not limited to, apartment complexes,
condominiums, and campus or university environments where
shared tenant service is provided and where the usage of the
telecommunications service is primarily residential.
"Public agency" means the State, and any unit of local
government or special purpose district located in whole or in
part within this State, that provides or has authority to
provide firefighting, police, ambulance, medical, or other
emergency services.
"Public safety agency" means a functional division of a
public agency that provides firefighting, police, medical, or
other emergency services to respond to and manage emergency
incidents. For the purpose of providing wireless service to
users of 9-1-1 emergency services, as expressly provided for
in this Act, the Illinois State Police may be considered a
public safety agency.
"Public safety answering point" or "PSAP" means the
primary answering location of an emergency call that meets the
appropriate standards of service and is responsible for
receiving and processing those calls and events according to a
specified operational policy.
"PSAP representative" means the manager or supervisor of a
Public Safety Answering Point (PSAP) who oversees the daily
operational functions and is responsible for the overall

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management and administration of the PSAP.
"Public safety telecommunicator" means any person employed
in a full-time or part-time capacity at an answering point
whose duties or responsibilities include answering, receiving,
or transferring an emergency call for dispatch to the
appropriate emergency responder.
"Public safety telecommunicator supervisor" means any
person employed in a full-time or part-time capacity at an
answering point or by a 9-1-1 Authority, whose primary duties
or responsibilities are to direct, administer, or manage any
public safety telecommunicator and whose responsibilities
include answering, receiving, or transferring an emergency
call for dispatch to the appropriate emergency responders.
"Referral" means a 9-1-1 service in which the public
safety telecommunicator provides the calling party with the
telephone number of the appropriate public safety agency or
other provider of emergency services.
"Regular service" means any telecommunications service,
other than advanced service, that is capable of transporting
either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"Relay" means a 9-1-1 service in which the public safety
telecommunicator takes the pertinent information from a caller
and relays that information to the appropriate public safety
agency or other provider of emergency services.

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"Remit period" means the billing period, one month in
duration, for which a wireless carrier remits a surcharge and
provides subscriber information by zip code to the Illinois
State Police, in accordance with Section 20 of this Act.
"Secondary Answering Point" or "SAP" means a location,
other than a PSAP, that is able to receive the voice, data, and
call back number of E9-1-1 or NG9-1-1 emergency calls
transferred from a PSAP and completes the call taking process
by dispatching police, medical, fire, or other emergency
responders.
"Shared residential MLTS service" means the use of one or
more MLTS or MLTS services to provide telephone service to
residential facilities, including, but not limited to,
single-family dwellings and multi-family dwellings, such as
apartments, even if the service is not individually billed.
"Shared telecommunications services" means the provision
of telecommunications and information management services and
equipment within a user group located in discrete private
premises in building complexes, campuses, or high-rise
buildings by a commercial shared services provider or by a
user association, through privately owned customer premises
equipment and associated data processing and information
management services. The term "shared telecommunications
services" includes the provisioning of connections to the
facilities of a local exchange carrier or an interexchange
carrier.

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"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
has not declared its intention for one or more of its public
safety answering points to serve as a primary wireless 9-1-1
public safety answering point for its jurisdiction. The
operator of the statewide wireless emergency 9-1-1 system
shall be the Illinois State Police.
"System" means the communications equipment and related
software applications required to produce a response by the
appropriate emergency public safety agency or other provider
of emergency services as a result of an emergency call being
placed to 9-1-1.
"System provider" means the contracted entity providing
9-1-1 network and database services.
"Telecommunications carrier" means those entities included
within the definition specified in Section 13-202 of the
Public Utilities Act, and includes those carriers acting as
resellers of telecommunications services. "Telecommunications
carrier" includes telephone systems operating as mutual
concerns. "Telecommunications carrier" does not include a
wireless carrier.
"Telecommunications technology" means equipment that can
send and receive written messages over the telephone network.
"Temporary residence MLTS" means the use of a MLTS or MLTS
service to provide telephone service to occupants of temporary
or transient dwellings, including, but not limited to,

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dormitories, hotels, motels, health care facilities, and
nursing homes, or other similar facilities.
"Transfer" means a 9-1-1 service in which the public
safety telecommunicator, who receives an emergency call,
transmits, redirects, or conferences that call to the
appropriate public safety agency or other provider of
emergency services. "Transfer" shall not include a relay or
referral of the information without transferring the caller.
"Transmitting messages" shall have the meaning given to
that term under Section 8-11-2 of the Illinois Municipal Code.
"Trunk line" means a transmission path, or group of
transmission paths, connecting a subscriber's PBX to a
telecommunications carrier's public switched network. In the
case of regular service, each voice grade communications
channel or equivalent amount of bandwidth capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a trunk line, even if it is bundled with other
channels or additional bandwidth. In the case of advanced
service, each DS-1, T-1, or other un-channelized or
multi-channel transmission facility that is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a single trunk line, even if it contains multiple

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voice grade communications channels or otherwise supports 2 or
more voice grade calls at a time; provided, however, that each
additional increment of up to 24 voice grade channels of
transmission capacity that is capable of transporting either
the subscriber's inter-premises voice telecommunications
services to the public switched network or the subscriber's
9-1-1 calls to the public agency shall be considered an
additional trunk line.
"Unmanned backup answering point" means an answering point
that serves as an alternate to the PSAP at an alternate
location and is typically unmanned but can be activated if the
primary PSAP is disabled.
"Virtual answering point" or "VAP" means a temporary or
nonpermanent location that is capable of receiving an
emergency call, contains a fully functional worksite that is
not bound to a specific location, but rather is portable and
scalable, connecting public safety telecommunicators to the
work process, and is capable of completing the call
dispatching process.
"Voice-impaired individual" means a person with a
permanent speech disability which precludes oral
communication, who can regularly and routinely communicate by
telephone only through the aid of devices which can send and
receive written messages over the telephone network.
"Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial

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Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and
location information from any mobile handset or text telephone
device accessing the wireless system to the designated
wireless public safety answering point as set forth in the
order of the Federal Communications Commission, FCC Docket No.
94-102, adopted June 12, 1996, with an effective date of
October 1, 1996, and any subsequent amendment thereto.
"Wireless public safety answering point" means the
functional division of a 9-1-1 authority accepting wireless
9-1-1 calls.
"Wireless subscriber" means an individual or entity to
whom a wireless service account or number has been assigned by
a wireless carrier, other than an account or number associated
with prepaid wireless telecommunication service.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-983, eff. 5-27-22.)

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(50 ILCS 750/3) (from Ch. 134, par. 33)
(Section scheduled to be repealed on December 31, 2023)
Sec. 3. (a) By July 1, 2017, every local public agency
shall be within the jurisdiction of a 9-1-1 system.
(b) Within 36 18 months of the awarding of a contract to a
vendor certified under Section 13-900 of the Public Utilities
Act to provide Next Generation 9-1-1 service, every 9-1-1
system in Illinois, except in a municipality with a population
over 500,000, shall provide Next Generation 9-1-1 service. A
municipality with a population over 500,000 shall provide Next
Generation 9-1-1 service by July 1, 2024 December 31, 2023.
(c) Nothing in this Act shall be construed to prohibit or
discourage in any way the formation of multijurisdictional or
regional systems, and any system established pursuant to this
Act may include the territory of more than one public agency or
may include a segment of the territory of a public agency.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
(50 ILCS 750/6.2)
(Section scheduled to be repealed on December 31, 2023)
Sec. 6.2. Every 9-1-1 system shall be able to accept text
to 9-1-1 no later than July 1, 2024 January 1, 2023. The
Illinois State Police shall adopt rules for the implementation
of this Section.
(Source: P.A. 102-9, eff. 6-3-21.)

HB3940 Enrolled - 22 - LRB103 25395 AWJ 51742 b
(50 ILCS 750/11.5)
(Section scheduled to be repealed on December 31, 2023)
Sec. 11.5. Aggregator and originating service provider
responsibilities.
(a) Each aggregator, and the originating service providers
whose 9-1-1 calls are being aggregated by the aggregator,
shall comply with their respective requirements in 83 Ill.
Adm. Code 725.410.
(b) Beginning February 1, 2024 and every February 1
thereafter July 1, 2021, each aggregator that is operating
within the State must submit email the Office of the Statewide
9-1-1 Administrator to provide the following information that
supports the implementation of and the migration to the
Statewide NG9-1-1 system to the Office of the Statewide 9-1-1
Administrator on a form prescribed and made available by the
Illinois State Police for this purpose:
(1) A company 9-1-1 contact, address, email, and phone
number.
(2) A list of originating service providers that the
aggregator transports 9-1-1 calls for and then to the
appropriate 9-1-1 system provider. New or current
aggregators must update the required information within 30
days of implementing any changes in information required
by this subsection.
(c) Each aggregator shall establish procedures for

HB3940 Enrolled - 23 - LRB103 25395 AWJ 51742 b
receiving No Record Found errors from the 9-1-1 System
Provider, identifying the originating service provider who
delivered the call to the aggregator, and referring the No
Record Found errors to that originating service provider.
(d) Each originating service provider shall establish
procedures with the 9-1-1 system provider for preventing and
resolving No Record Found errors in the 9-1-1 database and
make every effort to ensure 9-1-1 calls are sent to the
appropriate public safety answering point.
(e) If a 9-1-1 system is being transitioned to NG9-1-1
service or to a new provider, each aggregator shall be
responsible for coordinating any modifications that are needed
to ensure that the originating service provider provides the
required level of service to its customers. Each aggregator
shall coordinate those network changes or additions for those
migrations in a timely manner with the appropriate 9-1-1
system provider who shall be managing its respective
implementation schedule and cut over. Each aggregator shall
send notice to its originating service provider customers of
the aggregator's successful turn up of the network changes or
additions supporting the migration and include the necessary
information for the originating service provider's migration
(such as public safety answering point name, Federal
Communications Commission Identification, and Emergency
Services Routing Number). The notice shall be provided to the
originating service providers within 2 weeks of acceptance

HB3940 Enrolled - 24 - LRB103 25395 AWJ 51742 b
testing and conversion activities between the aggregator and
the 9-1-1 system provider.
(f) The 9-1-1 system provider shall coordinate directly
with the originating service providers (unless the aggregator
separately agrees to coordinate with the originating service
providers) for migration, but in no case shall that migration
exceed 30 days after receipt of notice from the aggregator,
unless agreed to by the originating service provider and 9-1-1
system provider.
(g) Each aggregator shall coordinate test calls with the
9-1-1 system provider and the 9-1-1 Authority when turning up
new circuits or making network changes. Each originating
service provider shall perform testing of its network and
provisioning upon notification from the aggregator that the
network has been tested and accepted with the 9-1-1 system
provider.
(h) Each aggregator and originating service provider
customer shall deliver all 9-1-1 calls, audio, data, and
location to the 9-1-1 system at a location determined by the
State.
(Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21.)
(50 ILCS 750/14) (from Ch. 134, par. 44)
(Section scheduled to be repealed on December 31, 2023)
Sec. 14. The General Assembly declares that a major
purpose of this Act is to ensure that 9-1-1 systems have

HB3940 Enrolled - 25 - LRB103 25395 AWJ 51742 b
redundant methods of dispatch for: (1) each public safety
agency within its jurisdiction, herein known as participating
agencies; and (2) 9-1-1 systems whose jurisdictional
boundaries are contiguous, herein known as adjacent 9-1-1
systems, when an emergency request for service is received for
a public safety agency that needs to be dispatched by the
adjacent 9-1-1 system. Another primary purpose of this Section
is to eliminate instances in which a public safety agency
refuses, once dispatched, to render aid outside of the
jurisdictional boundaries of the public safety agency.
Therefore, in implementing a 9-1-1 system under this Act, all
9-1-1 authorities shall enter into call handling and aid
outside jurisdictional boundaries agreements with each
participating agency and adjacent 9-1-1 system. The agreements
shall provide a primary and secondary means of dispatch. It
must also provide that, once an emergency unit is dispatched
in response to a request through the system, such unit shall
render its services to the requesting party without regard to
whether the unit is operating outside its normal
jurisdictional boundaries. The call handling and aid outside
jurisdictional boundaries agreements shall be incorporated
into the plan filed under Section 11. Notice of any changes to
call handling and aid outside jurisdictional boundaries
agreements must be made annually during the financial
reporting process Certified notification of the continuation
of call handling and aid outside jurisdictional boundaries

HB3940 Enrolled - 26 - LRB103 25395 AWJ 51742 b
agreements shall be made among the involved parties on an
annual basis. The Illinois State Police may adopt rules for
the administration of this Section.
(Source: P.A. 102-9, eff. 6-3-21.)
(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.2. Any person placing a call or text an "emergency
call" to the number "911" or causing a transmission, in any
manner, to a public safety agency or public safety answering
point for the purpose of making an alarm or complaint and
reporting false information when, at the time the call, text,
or transmission is made, the person knows there is no
reasonable ground for making the call, text, or transmission
and further knows that the call , text, or transmission could
result in the emergency response of any public safety agency,
is subject to the provisions of Section 26-1 of the Criminal
Code of 2012.
(Source: P.A. 102-9, eff. 6-3-21.)
(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.3. Local non-wireless surcharge.
(a) Except as provided in subsection (l) of this Section,
the corporate authorities of any municipality or any county
may, subject to the limitations of subsections (c), (d), and

HB3940 Enrolled - 27 - LRB103 25395 AWJ 51742 b
(h), and in addition to any tax levied pursuant to the
Simplified Municipal Telecommunications Tax Act, impose a
monthly surcharge on billed subscribers of network connection
provided by telecommunication carriers engaged in the business
of transmitting messages by means of electricity originating
within the corporate limits of the municipality or county
imposing the surcharge at a rate per network connection
determined in accordance with subsection (c), however the
monthly surcharge shall not apply to a network connection
provided for use with pay telephone services. Provided,
however, that where multiple voice grade communications
channels are connected between the subscriber's premises and a
public switched network through private branch exchange (PBX)
or centrex type service, a municipality imposing a surcharge
at a rate per network connection, as determined in accordance
with this Act, shall impose:
(i) in a municipality with a population of 500,000 or
less or in any county, 5 such surcharges per network
connection, as defined under Section 2 of this Act, for
both regular service and advanced service provisioned
trunk lines;
(ii) in a municipality with a population, prior to
March 1, 2010, of 500,000 or more, 5 surcharges per
network connection, as defined under Section 2 of this
Act, for both regular service and advanced service
provisioned trunk lines;

HB3940 Enrolled - 28 - LRB103 25395 AWJ 51742 b
(iii) in a municipality with a population, as of March
1, 2010, of 500,000 or more, 5 surcharges per network
connection, as defined under Section 2 of this Act, for
regular service provisioned trunk lines, and 12 surcharges
per network connection, as defined under Section 2 of this
Act, for advanced service provisioned trunk lines, except
where an advanced service provisioned trunk line supports
at least 2 but fewer than 23 simultaneous voice grade
calls ("VGC's"), a telecommunication carrier may elect to
impose fewer than 12 surcharges per trunk line as provided
in subsection (iv) of this Section; or
(iv) for an advanced service provisioned trunk line
connected between the subscriber's premises and the public
switched network through a P.B.X., where the advanced
service provisioned trunk line is capable of transporting
at least 2 but fewer than 23 simultaneous VGC's per trunk
line, the telecommunications carrier collecting the
surcharge may elect to impose surcharges in accordance
with the table provided in this Section, without limiting
any telecommunications carrier's obligations to otherwise
keep and maintain records. Any telecommunications carrier
electing to impose fewer than 12 surcharges per an
advanced service provisioned trunk line shall keep and
maintain records adequately to demonstrate the VGC
capability of each advanced service provisioned trunk line
with fewer than 12 surcharges imposed, provided that 12

HB3940 Enrolled - 29 - LRB103 25395 AWJ 51742 b
surcharges shall be imposed on an advanced service
provisioned trunk line regardless of the VGC capability
where a telecommunications carrier cannot demonstrate the
VGC capability of the advanced service provisioned trunk
line.
Facility VGC's 911 Surcharges
Advanced service provisioned trunk line 18-23 12
Advanced service provisioned trunk line 12-17 10
Advanced service provisioned trunk line 2-11 8
Subsections (i), (ii), (iii), and (iv) are not intended to
make any change in the meaning of this Section, but are
intended to remove possible ambiguity, thereby confirming the
intent of paragraph (a) as it existed prior to and following
the effective date of this amendatory Act of the 97th General
Assembly.
For mobile telecommunications services, if a surcharge is
imposed it shall be imposed based upon the municipality or
county that encompasses the customer's place of primary use as
defined in the Mobile Telecommunications Sourcing Conformity
Act. A municipality may enter into an intergovernmental
agreement with any county in which it is partially located,
when the county has adopted an ordinance to impose a surcharge
as provided in subsection (c), to include that portion of the
municipality lying outside the county in that county's

HB3940 Enrolled - 30 - LRB103 25395 AWJ 51742 b
surcharge referendum. If the county's surcharge referendum is
approved, the portion of the municipality identified in the
intergovernmental agreement shall automatically be
disconnected from the county in which it lies and connected to
the county which approved the referendum for purposes of a
surcharge on telecommunications carriers.
(b) For purposes of computing the surcharge imposed by
subsection (a), the network connections to which the surcharge
shall apply shall be those in-service network connections,
other than those network connections assigned to the
municipality or county, where the service address for each
such network connection or connections is located within the
corporate limits of the municipality or county levying the
surcharge. Except for mobile telecommunication services, the
"service address" shall mean the location of the primary use
of the network connection or connections. For mobile
telecommunication services, "service address" means the
customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act.
(c) Upon the passage of an ordinance to impose a surcharge
under this Section the clerk of the municipality or county
shall certify the question of whether the surcharge may be
imposed to the proper election authority who shall submit the
public question to the electors of the municipality or county
in accordance with the general election law; provided that
such question shall not be submitted at a consolidated primary

HB3940 Enrolled - 31 - LRB103 25395 AWJ 51742 b
election. The public question shall be in substantially the
following form:
-------------------------------------------------------------
Shall the county (or city, village
or incorporated town) of ..... impose YES
a surcharge of up to ...¢ per month per
network connection, which surcharge will
be added to the monthly bill you receive ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency NO
Telephone System?
-------------------------------------------------------------
If a majority of the votes cast upon the public question
are in favor thereof, the surcharge shall be imposed.
However, if a Joint Emergency Telephone System Board is to
be created pursuant to an intergovernmental agreement under
Section 15.4, the ordinance to impose the surcharge shall be
subject to the approval of a majority of the total number of
votes cast upon the public question by the electors of all of
the municipalities or counties, or combination thereof, that
are parties to the intergovernmental agreement.
The referendum requirement of this subsection (c) shall
not apply to any municipality with a population over 500,000
or to any county in which a proposition as to whether a
sophisticated 9-1-1 Emergency Telephone System should be

HB3940 Enrolled - 32 - LRB103 25395 AWJ 51742 b
installed in the county, at a cost not to exceed a specified
monthly amount per network connection, has previously been
approved by a majority of the electors of the county voting on
the proposition at an election conducted before the effective
date of this amendatory Act of 1987.
(d) A county may not impose a surcharge, unless requested
by a municipality, in any incorporated area which has
previously approved a surcharge as provided in subsection (c)
or in any incorporated area where the corporate authorities of
the municipality have previously entered into a binding
contract or letter of intent with a telecommunications carrier
to provide sophisticated 9-1-1 service through municipal
funds.
(e) A municipality or county may at any time by ordinance
change the rate of the surcharge imposed under this Section if
the new rate does not exceed the rate specified in the
referendum held pursuant to subsection (c).
(f) The surcharge authorized by this Section shall be
collected from the subscriber by the telecommunications
carrier providing the subscriber the network connection as a
separately stated item on the subscriber's bill.
(g) The amount of surcharge collected by the
telecommunications carrier shall be paid to the particular
municipality or county or Joint Emergency Telephone System
Board not later than 30 days after the surcharge is collected,
net of any network or other 9-1-1 or sophisticated 9-1-1

HB3940 Enrolled - 33 - LRB103 25395 AWJ 51742 b
system charges then due the particular telecommunications
carrier, as shown on an itemized bill. The telecommunications
carrier collecting the surcharge shall also be entitled to
deduct 3% of the gross amount of surcharge collected to
reimburse the telecommunications carrier for the expense of
accounting and collecting the surcharge.
(h) Except as expressly provided in subsection (a) of this
Section, on or after the effective date of this amendatory Act
of the 98th General Assembly and until December 31, 2017, a
municipality with a population of 500,000 or more shall not
impose a monthly surcharge per network connection in excess of
the highest monthly surcharge imposed as of January 1, 2014 by
any county or municipality under subsection (c) of this
Section. Beginning January 1, 2018 and until December 31, 2025
2023, a municipality with a population over 500,000 may not
impose a monthly surcharge in excess of $5.00 per network
connection. On or after January 1, 2026 2024, a municipality
with a population over 500,000 may not impose a monthly
surcharge in excess of $2.50 per network connection.
(i) Any municipality or county or joint emergency
telephone system board that has imposed a surcharge pursuant
to this Section prior to the effective date of this amendatory
Act of 1990 shall hereafter impose the surcharge in accordance
with subsection (b) of this Section.
(j) The corporate authorities of any municipality or
county may issue, in accordance with Illinois law, bonds,

HB3940 Enrolled - 34 - LRB103 25395 AWJ 51742 b
notes or other obligations secured in whole or in part by the
proceeds of the surcharge described in this Section. The State
of Illinois pledges and agrees that it will not limit or alter
the rights and powers vested in municipalities and counties by
this Section to impose the surcharge so as to impair the terms
of or affect the security for bonds, notes or other
obligations secured in whole or in part with the proceeds of
the surcharge described in this Section. The pledge and
agreement set forth in this Section survive the termination of
the surcharge under subsection (l) by virtue of the
replacement of the surcharge monies guaranteed under Section
20; the State of Illinois pledges and agrees that it will not
limit or alter the rights vested in municipalities and
counties to the surcharge replacement funds guaranteed under
Section 20 so as to impair the terms of or affect the security
for bonds, notes or other obligations secured in whole or in
part with the proceeds of the surcharge described in this
Section.
(k) Any surcharge collected by or imposed on a
telecommunications carrier pursuant to this Section shall be
held to be a special fund in trust for the municipality, county
or Joint Emergency Telephone Board imposing the surcharge.
Except for the 3% deduction provided in subsection (g) above,
the special fund shall not be subject to the claims of
creditors of the telecommunication carrier.
(l) Any surcharge imposed pursuant to this Section by a

HB3940 Enrolled - 35 - LRB103 25395 AWJ 51742 b
county or municipality, other than a municipality with a
population in excess of 500,000, shall cease to be imposed on
January 1, 2016.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
(50 ILCS 750/15.3a)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.3a. Local wireless surcharge.
(a) Notwithstanding any other provision of this Act, a
unit of local government or emergency telephone system board
providing wireless 9-1-1 service and imposing and collecting a
wireless carrier surcharge prior to July 1, 1998 may continue
its practices of imposing and collecting its wireless carrier
surcharge, but, except as provided in subsection (b) of this
Section, in no event shall that monthly surcharge exceed $2.50
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis. For
mobile telecommunications services provided on and after
August 1, 2002, any surcharge imposed shall be imposed based
upon the municipality or county that encompasses the
customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act.
(b) Until December 31, 2017, the corporate authorities of
a municipality with a population in excess of 500,000 on the
effective date of this amendatory Act of the 99th General
Assembly may by ordinance continue to impose and collect a

HB3940 Enrolled - 36 - LRB103 25395 AWJ 51742 b
monthly surcharge per commercial mobile radio service (CMRS)
connection or in-service telephone number billed on a monthly
basis that does not exceed the highest monthly surcharge
imposed as of January 1, 2014 by any county or municipality
under subsection (c) of Section 15.3 of this Act. Beginning
January 1, 2018, and until December 31, 2025 2023, a
municipality with a population in excess of 500,000 may by
ordinance continue to impose and collect a monthly surcharge
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis that
does not exceed $5.00. On or after January 1, 2026 2024, the
municipality may continue imposing and collecting its wireless
carrier surcharge as provided in and subject to the
limitations of subsection (a) of this Section.
(c) In addition to any other lawful purpose, a
municipality with a population over 500,000 may use the moneys
collected under this Section for any anti-terrorism or
emergency preparedness measures, including, but not limited
to, preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras, as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)

HB3940 Enrolled - 37 - LRB103 25395 AWJ 51742 b
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.4. Emergency Telephone System Board; powers.
(a) Except as provided in subsection (e) of this Section,
the corporate authorities of any county or municipality may
establish an Emergency Telephone System Board.
The corporate authorities shall provide for the manner of
appointment and the number of members of the Board, provided
that the board shall consist of not fewer than 5 members, one
of whom must be a public member who is a resident of the local
exchange service territory included in the 9-1-1 coverage
area, one of whom (in counties with a population less than
100,000) may be a member of the county board, and at least 3 of
whom shall be representative of the 9-1-1 public safety
agencies, including but not limited to police departments,
fire departments, emergency medical services providers, and
emergency services and disaster agencies, and appointed on the
basis of their ability or experience. In counties with a
population of more than 100,000 but less than 2,000,000, a
member of the county board may serve on the Emergency
Telephone System Board. Elected officials, including members
of a county board, are also eligible to serve on the board.
Members of the board shall serve without compensation but
shall be reimbursed for their actual and necessary expenses.
Any 2 or more municipalities, counties, or combination
thereof, may, instead of establishing individual boards,
establish by intergovernmental agreement a Joint Emergency

HB3940 Enrolled - 38 - LRB103 25395 AWJ 51742 b
Telephone System Board pursuant to this Section. The manner of
appointment of such a joint board shall be prescribed in the
agreement. On or after the effective date of this amendatory
Act of the 100th General Assembly, any new intergovernmental
agreement entered into to establish or join a Joint Emergency
Telephone System Board shall provide for the appointment of a
PSAP representative to the board.
Upon the effective date of this amendatory Act of the 98th
General Assembly, appointed members of the Emergency Telephone
System Board shall serve staggered 3-year terms if: (1) the
Board serves a county with a population of 100,000 or less; and
(2) appointments, on the effective date of this amendatory Act
of the 98th General Assembly, are not for a stated term. The
corporate authorities of the county or municipality shall
assign terms to the board members serving on the effective
date of this amendatory Act of the 98th General Assembly in the
following manner: (1) one-third of board members' terms shall
expire on January 1, 2015; (2) one-third of board members'
terms shall expire on January 1, 2016; and (3) remaining board
members' terms shall expire on January 1, 2017. Board members
may be re-appointed upon the expiration of their terms by the
corporate authorities of the county or municipality.
The corporate authorities of a county or municipality may,
by a vote of the majority of the members elected, remove an
Emergency Telephone System Board member for misconduct,
official misconduct, or neglect of office.

HB3940 Enrolled - 39 - LRB103 25395 AWJ 51742 b
(b) The powers and duties of the board shall be defined by
ordinance of the municipality or county, or by
intergovernmental agreement in the case of a joint board. The
powers and duties shall include, but need not be limited to the
following:
(1) Planning a 9-1-1 system.
(2) Coordinating and supervising the implementation,
upgrading, or maintenance of the system, including the
establishment of equipment specifications and coding
systems.
(3) Receiving moneys from the surcharge imposed under
Section 15.3, or disbursed to it under Section 30, and
from any other source, for deposit into the Emergency
Telephone System Fund.
(4) Authorizing all disbursements from the fund.
(5) Hiring any staff necessary for the implementation
or upgrade of the system.
(6) (Blank).
(7) Designating a 9-1-1 System Manager, whose duties
and responsibilities shall be set forth by the Emergency
Telephone System Board in writing.
(c) All moneys received by a board pursuant to a surcharge
imposed under Section 15.3, or disbursed to it under Section
30, shall be deposited into a separate interest-bearing
Emergency Telephone System Fund account. The treasurer of the
municipality or county that has established the board or, in

HB3940 Enrolled - 40 - LRB103 25395 AWJ 51742 b
the case of a joint board, any municipal or county treasurer
designated in the intergovernmental agreement, shall be
custodian of the fund. All interest accruing on the fund shall
remain in the fund. No expenditures may be made from such fund
except upon the direction of the board by resolution passed by
a majority of all members of the board.
(d) The board shall complete and maintain a Next
Generation 9-1-1 GIS database in accordance with NENA
Standards before implementation of the NG9-1-1 system. The
MSAG and GIS data standardizing and synchronization must reach
a 98% or greater match rate, with an option of matching with
ALI, before using GIS data for NG9-1-1 a Master Street Address
Guide database before implementation of the 9-1-1 system. The
error ratio of the database shall not at any time exceed 1% of
the total database.
(e) On and after January 1, 2016, no municipality or
county may create an Emergency Telephone System Board unless
the board is a Joint Emergency Telephone System Board. The
corporate authorities of any county or municipality entering
into an intergovernmental agreement to create or join a Joint
Emergency Telephone System Board shall rescind an ordinance or
ordinances creating a single Emergency Telephone System Board
and shall eliminate the single Emergency Telephone System
Board, effective upon the creation of the Joint Emergency
Telephone System Board, with regulatory approval by the
Administrator, or joining of the Joint Emergency Telephone

HB3940 Enrolled - 41 - LRB103 25395 AWJ 51742 b
System Board. Nothing in this Section shall be construed to
require the dissolution of an Emergency Telephone System Board
that is not succeeded by a Joint Emergency Telephone System
Board or is not required to consolidate under Section 15.4a of
this Act.
(f) Within one year after the effective date of this
amendatory Act of the 100th General Assembly, any corporate
authorities of a county or municipality, other than a
municipality with a population of more than 500,000, operating
a 9-1-1 system without an Emergency Telephone System Board or
Joint Emergency Telephone System Board shall create or join a
Joint Emergency Telephone System Board.
(Source: P.A. 102-9, eff. 6-3-21.)
(50 ILCS 750/15.4b)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.4b. Consolidation grants.
(a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall administer a
9-1-1 System Consolidation Grant Program to defray costs
associated with 9-1-1 system consolidation of systems outside
of a municipality with a population in excess of 500,000. The
awarded grants will be used to offset non-recurring costs
associated with the consolidation of 9-1-1 systems and shall
not be used for ongoing operating costs associated with the
consolidated system. The Illinois State Police, in

HB3940 Enrolled - 42 - LRB103 25395 AWJ 51742 b
consultation with the Administrator and the Statewide 9-1-1
Advisory Board, shall adopt rules defining the grant process
and criteria for issuing the grants. The grants should be
awarded based on criteria that include, but are not limited
to:
(1) reducing the number of transfers of a 9-1-1 call;
(2) reducing the infrastructure required to adequately
provide 9-1-1 network services;
(3) promoting cost savings from resource sharing among
9-1-1 systems;
(4) facilitating interoperability and resiliency for
the receipt of 9-1-1 calls;
(5) reducing the number of 9-1-1 systems or reducing
the number of PSAPs within a 9-1-1 system;
(6) cost saving resulting from 9-1-1 system
consolidation; and
(7) expanding NG9-1-1 E9-1-1 service coverage as a
result of 9-1-1 system consolidation including to areas
without E9-1-1 service.
Priority shall be given first to counties not providing
9-1-1 service as of January 1, 2016, and next to other entities
consolidating as required under Section 15.4a of this Act.
(b) The 9-1-1 System Consolidation Grant application, as
defined by Illinois State Police rules, shall be submitted
electronically using the State's grant management system by
February 1, 2024 and every February 1 to the Administrator

HB3940 Enrolled - 43 - LRB103 25395 AWJ 51742 b
starting January 2, 2016, and every January 2 thereafter. The
application shall include a modified 9-1-1 system plan as
required by this Act in support of the consolidation plan. The
Administrator shall have until June 30, 2016 and every June 30
thereafter to approve 9-1-1 System Consolidation grants and
modified 9-1-1 system plans. Payment under the approved 9-1-1
System Consolidation grants shall be contingent upon the final
approval of a modified 9-1-1 system plan.
(c) (Blank). Existing and previously completed
consolidation projects shall be eligible to apply for
reimbursement of costs related to the consolidation incurred
between 2010 and the State fiscal year of the application.
(d) The 9-1-1 systems that receive grants under this
Section shall provide a report detailing grant fund usage to
the Administrator pursuant to Section 40 of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(50 ILCS 750/15.5)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.5. Grandfathered private residential switch or
MLTS 9-1-1 service.
(a) An entity that manages or operates a private
residential switch service or shared residential or temporary
residential MLTS service that was installed on or before
February 16, 2020 shall ensure that the system is connected to
the public switched telephone network so that calls to 9-1-1

HB3940 Enrolled - 44 - LRB103 25395 AWJ 51742 b
route to the appropriate 9-1-1 jurisdiction and shall ensure
that the system includes, but is not limited to, the
capability to provide ANI, the extension number, and the ALI
containing the street address of the 9-1-1 caller who
dispatchable location that is the source of the call to 9-1-1.
(b) The private residential switch or shared residential
or temporary residential MLTS service operator is responsible
for forwarding end user ANI and ALI record information to the
9-1-1 system provider according to the format, frequency, and
procedures established by that system provider.
(c) This Act does not apply to any MLTS telephone
extension that uses radio transmissions to convey electrical
signals directly between the telephone extension and the
serving MLTS.
(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Illinois State Police or
on his or her own initiative, or any other interested person,
from seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
(50 ILCS 750/20)
(Section scheduled to be repealed on December 31, 2023)

HB3940 Enrolled - 45 - LRB103 25395 AWJ 51742 b
Sec. 20. Statewide surcharge.
(a) On and after January 1, 2016, and except with respect
to those customers who are subject to surcharges as provided
in Sections 15.3 and 15.3a of this Act, a monthly surcharge
shall be imposed on all customers of telecommunications
carriers and wireless carriers as follows:
(1) Each telecommunications carrier shall impose a
monthly surcharge per network connection; provided,
however, the monthly surcharge shall not apply to a
network connection provided for use with pay telephone
services. Where multiple voice grade communications
channels are connected between the subscriber's premises
and a public switched network through private branch
exchange (PBX), Centrex type service, or other multiple
voice grade communication channels facility, there shall
be imposed 5 such surcharges per network connection for
both regular service and advanced service provisioned
trunk lines. Until December 31, 2017, the surcharge shall
be $0.87 per network connection and on and after January
1, 2018, the surcharge shall be $1.50 per network
connection.
(2) Each wireless carrier shall impose and collect a
monthly surcharge per CMRS connection that either has a
telephone number within an area code assigned to Illinois
by the North American Numbering Plan Administrator or has
a billing address in this State. Until December 31, 2017,

HB3940 Enrolled - 46 - LRB103 25395 AWJ 51742 b
the surcharge shall be $0.87 per connection and on and
after January 1, 2018, the surcharge shall be $1.50 per
connection.
(b) State and local taxes shall not apply to the
surcharges imposed under this Section.
(c) The surcharges imposed by this Section shall be stated
as a separately stated item on subscriber bills.
(d) The telecommunications carrier collecting the
surcharge may deduct and retain 1.74% of the gross amount of
surcharge collected to reimburse the telecommunications
carrier for the expense of accounting and collecting the
surcharge. On and after July 1, 2022, the wireless carrier
collecting a surcharge under this Section may deduct and
retain 1.74% of the gross amount of the surcharge collected to
reimburse the wireless carrier for the expense of accounting
and collecting the surcharge.
(d-5) Notwithstanding the provisions of subsection (d) of
this Section, an amount not greater than 2.5% may be deducted
and retained if the telecommunications or wireless carrier can
support, through documentation, expenses that exceed the 1.74%
allowed. The documentation shall be submitted to the Illinois
State Police and input obtained from the Statewide 9-1-1
Advisory Board prior to approval of the deduction.
(e) Surcharges imposed under this Section shall be
collected by the carriers and shall be remitted to the
Illinois State Police, either by check or electronic funds

HB3940 Enrolled - 47 - LRB103 25395 AWJ 51742 b
transfer, by the end of the next calendar month after the
calendar month in which it was collected for deposit into the
Statewide 9-1-1 Fund. Carriers are not required to remit
surcharge moneys that are billed to subscribers but not yet
collected.
The first remittance by wireless carriers shall include
the number of subscribers by zip code, and the 9-digit zip code
if currently being used or later implemented by the carrier,
that shall be the means by which the Illinois State Police
shall determine distributions from the Statewide 9-1-1 Fund.
This information shall be updated at least once each year. Any
carrier that fails to provide the zip code information
required under this subsection (e) shall be subject to the
penalty set forth in subsection (g) of this Section.
(f) If, within 8 calendar days after it is due under
subsection (e) of this Section, a carrier does not remit the
surcharge or any portion thereof required under this Section,
then the surcharge or portion thereof shall be deemed
delinquent until paid in full, and the Illinois State Police
may impose a penalty against the carrier in an amount equal to
the greater of:
(1) $25 for each month or portion of a month from the
time an amount becomes delinquent until the amount is paid
in full; or
(2) an amount equal to the product of 1% and the sum of
all delinquent amounts for each month or portion of a

HB3940 Enrolled - 48 - LRB103 25395 AWJ 51742 b
month that the delinquent amounts remain unpaid.
A penalty imposed in accordance with this subsection (f)
for a portion of a month during which the carrier pays the
delinquent amount in full shall be prorated for each day of
that month that the delinquent amount was paid in full. Any
penalty imposed under this subsection (f) is in addition to
the amount of the delinquency and is in addition to any other
penalty imposed under this Section.
(g) If, within 8 calendar days after it is due, a wireless
carrier does not provide the number of subscribers by zip code
as required under subsection (e) of this Section, then the
report is deemed delinquent and the Illinois State Police may
impose a penalty against the carrier in an amount equal to the
greater of:
(1) $25 for each month or portion of a month that the
report is delinquent; or
(2) an amount equal to the product of $0.01 and the
number of subscribers served by the carrier for each month
or portion of a month that the delinquent report is not
provided.
A penalty imposed in accordance with this subsection (g)
for a portion of a month during which the carrier provides the
number of subscribers by zip code as required under subsection
(e) of this Section shall be prorated for each day of that
month during which the carrier had not provided the number of
subscribers by zip code as required under subsection (e) of

HB3940 Enrolled - 49 - LRB103 25395 AWJ 51742 b
this Section. Any penalty imposed under this subsection (g) is
in addition to any other penalty imposed under this Section.
(h) A penalty imposed and collected in accordance with
subsection (f) or (g) of this Section shall be deposited into
the Statewide 9-1-1 Fund for distribution according to Section
30 of this Act.
(i) The Illinois State Police may enforce the collection
of any delinquent amount and any penalty due and unpaid under
this Section by legal action or in any other manner by which
the collection of debts due the State of Illinois may be
enforced under the laws of this State. The Illinois State
Police may excuse the payment of any penalty imposed under
this Section if the Administrator determines that the
enforcement of this penalty is unjust.
(j) Notwithstanding any provision of law to the contrary,
nothing shall impair the right of wireless carriers to recover
unreimbursed compliance costs for all emergency communications
services that are not reimbursed out of the Wireless Carrier
Reimbursement Fund directly from their wireless subscribers by
line-item charges on the wireless subscriber's bill. Those
compliance costs include all costs incurred by wireless
carriers in complying with local, State, and federal
regulatory or legislative mandates that require the
transmission and receipt of emergency communications to and
from the general public, including, but not limited to,
E9-1-1.

HB3940 Enrolled - 50 - LRB103 25395 AWJ 51742 b
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(50 ILCS 750/30)
(Section scheduled to be repealed on December 31, 2023)
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
(a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
(1) (Blank). 9-1-1 wireless surcharges assessed under
the Wireless Emergency Telephone Safety Act.
(2) 9-1-1 surcharges assessed under Section 20 of this
Act.
(3) Prepaid wireless 9-1-1 surcharges assessed under
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
(4) Any appropriations, grants, or gifts made to the
Fund.
(5) Any income from interest, premiums, gains, or
other earnings on moneys in the Fund.
(6) Money from any other source that is deposited in
or transferred to the Fund.
(b) Subject to appropriation and availability of funds,
the Illinois State Police shall distribute the 9-1-1
surcharges monthly as follows:

HB3940 Enrolled - 51 - LRB103 25395 AWJ 51742 b
(1) From each surcharge collected and remitted under
Section 20 of this Act:
(A) $0.013 shall be distributed monthly in equal
amounts to each County Emergency Telephone System
Board in counties with a population under 100,000
according to the most recent census data which is
authorized to serve as a primary wireless 9-1-1 public
safety answering point for the county and to provide
wireless 9-1-1 service as prescribed by subsection (b)
of Section 15.6a of this Act, and which does provide
such service.
(B) (Blank). $0.033 shall be transferred by the
Comptroller at the direction of the Illinois State
Police to the Wireless Carrier Reimbursement Fund
until June 30, 2017; from July 1, 2017 through June 30,
2018, $0.026 shall be transferred; from July 1, 2018
through June 30, 2019, $0.020 shall be transferred;
from July 1, 2019, through June 30, 2020, $0.013 shall
be transferred; from July 1, 2020 through June 30,
2021, $0.007 will be transferred; and after June 30,
2021, no transfer shall be made to the Wireless
Carrier Reimbursement Fund.
(C) Until December 31, 2017, $0.007 and on and
after January 1, 2018, $0.017 shall be used to cover
the Illinois State Police's administrative costs.
(D) Beginning January 1, 2018, until June 30,

HB3940 Enrolled - 52 - LRB103 25395 AWJ 51742 b
2020, $0.12, and on and after July 1, 2020, $0.04 shall
be used to make monthly disbursements proportional
grants to the appropriate 9-1-1 Authority currently
taking wireless 9-1-1 based upon the United States
Postal Zip Code of the billing addresses of
subscribers wireless carriers.
(E) Until June 30, 2023, $0.05 shall be used by the
Illinois State Police for grants for NG9-1-1 expenses,
with priority given to 9-1-1 Authorities that provide
9-1-1 service within the territory of a Large Electing
Provider as defined in Section 13-406.1 of the Public
Utilities Act.
(F) On and after July 1, 2020, $0.13 shall be used
for the implementation of and continuing expenses for
the Statewide NG9-1-1 system.
(1.5) Beginning on the effective date of this
amendatory Act of the 103rd General Assembly, to assist
with the implementation of the statewide Next Generation
9-1-1 network, the Illinois State Police's administrative
costs include the one-time capital cost of upgrading the
Illinois State Police's call-handling equipment to meet
the standards necessary to access and increase
interoperability with the statewide Next Generation 9-1-1
network.
(A) Upon completion of the Illinois State Police's
call-handling equipment upgrades, but no later than

HB3940 Enrolled - 53 - LRB103 25395 AWJ 51742 b
June 30, 2024, surplus moneys in excess of $1,000,000
from subparagraph (C) of paragraph (1) not utilized by
the Illinois State Police for administrative costs
shall be distributed to the 9-1-1 Authorities in
accordance with subparagraph (E) of paragraph (2) on
an annual basis at the end of the State fiscal year.
Any remaining surplus money may also be distributed
consistent with this paragraph (1.5) at the discretion
of the Illinois State Police.
(B) Upon implementation of the Statewide NG9-1-1
system, but no later than June 30, 2024, surplus
moneys in excess of $5,000,000 from subparagraph (F)
of paragraph (1) not utilized by the Illinois State
Police for the implementation of and continuing
expenses for the Statewide NG9-1-1 system shall be
distributed to the 9-1-1 Authorities in accordance
with subparagraph (E) of subsection (2) on an annual
basis at the end of the State fiscal year. Any
remaining surplus money may also be distributed
consistent with this paragraph (1.5) at the discretion
of the Illinois State Police.
(2) After disbursements under paragraph (1) of this
subsection (b), all remaining funds in the Statewide 9-1-1
Fund shall be disbursed in the following priority order:
(A) The Fund shall pay monthly to:
(i) the 9-1-1 Authorities that imposed

HB3940 Enrolled - 54 - LRB103 25395 AWJ 51742 b
surcharges under Section 15.3 of this Act and were
required to report to the Illinois Commerce
Commission under Section 27 of the Wireless
Emergency Telephone Safety Act on October 1, 2014,
except a 9-1-1 Authority in a municipality with a
population in excess of 500,000, an amount equal
to the average monthly wireline and VoIP surcharge
revenue attributable to the most recent 12-month
period reported to the Illinois State Police under
that Section for the October 1, 2014 filing,
subject to the power of the Illinois State Police
to investigate the amount reported and adjust the
number by order under Article X of the Public
Utilities Act, so that the monthly amount paid
under this item accurately reflects one-twelfth of
the aggregate wireline and VoIP surcharge revenue
properly attributable to the most recent 12-month
period reported to the Commission; or
(ii) county qualified governmental entities
that did not impose a surcharge under Section 15.3
as of December 31, 2015, and counties that did not
impose a surcharge as of June 30, 2015, an amount
equivalent to their population multiplied by .37
multiplied by the rate of $0.69; counties that are
not county qualified governmental entities and
that did not impose a surcharge as of December 31,

HB3940 Enrolled - 55 - LRB103 25395 AWJ 51742 b
2015, shall not begin to receive the payment
provided for in this subsection until E9-1-1 and
wireless E9-1-1 services are provided within their
counties; or
(iii) counties without 9-1-1 service that had
a surcharge in place by December 31, 2015, an
amount equivalent to their population multiplied
by .37 multiplied by their surcharge rate as
established by the referendum.
(B) All 9-1-1 network costs for systems outside of
municipalities with a population of at least 500,000
shall be paid by the Illinois State Police directly to
the vendors.
(C) All expenses incurred by the Administrator and
the Statewide 9-1-1 Advisory Board and costs
associated with procurement under Section 15.6b
including requests for information and requests for
proposals.
(D) Funds may be held in reserve by the Statewide
9-1-1 Advisory Board and disbursed by the Illinois
State Police for grants under Section 15.4b of this
Act and for NG9-1-1 expenses up to $12.5 million per
year in State fiscal years 2016 and 2017; up to $20
million in State fiscal year 2018; up to $20.9 million
in State fiscal year 2019; up to $15.3 million in State
fiscal year 2020; up to $16.2 million in State fiscal

HB3940 Enrolled - 56 - LRB103 25395 AWJ 51742 b
year 2021; up to $23.1 million in State fiscal year
2022; and up to $17.0 million per year for State fiscal
year 2023 and each year thereafter. The amount held in
reserve in State fiscal years 2021, 2022, and 2023
shall not be less than $6.5 million. Disbursements
under this subparagraph (D) shall be prioritized as
follows: (i) consolidation grants prioritized under
subsection (a) of Section 15.4b of this Act; (ii)
NG9-1-1 expenses; and (iii) consolidation grants under
Section 15.4b of this Act for consolidation expenses
incurred between January 1, 2010, and January 1, 2016.
(E) All remaining funds per remit month shall be
used to make monthly disbursements proportional grants
to the appropriate 9-1-1 Authority currently taking
wireless 9-1-1 based upon the United States Postal Zip
Code of the billing addresses of subscribers of
wireless carriers.
(c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this
Act.
(d) Whenever two or more 9-1-1 Authorities consolidate,
the resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been
made to each consolidating 9-1-1 Authority. Any reserves held
by any consolidating 9-1-1 Authority shall be transferred to

HB3940 Enrolled - 57 - LRB103 25395 AWJ 51742 b
the resulting Joint Emergency Telephone System Board. Whenever
a county that has no 9-1-1 service as of January 1, 2016 enters
into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(50 ILCS 750/35)
(Section scheduled to be repealed on December 31, 2023)
Sec. 35. 9-1-1 surcharge; allowable expenditures.
(a) Except as otherwise provided in this Act, expenditures
from surcharge revenues received under this Act shall may be
made consistent with 47 CFR 9.23, which include by
municipalities, counties, and 9-1-1 Authorities only to pay
for the costs associated with the following:
(1) support and implementation of 9-1-1 services
provided by or in the State or taxing jurisdiction
imposing the fee or charge; and The design of the
Emergency Telephone System.
(2) operational expenses of public safety answering
points within the State. Examples of allowable
expenditures include, but are not limited to:
(A) PSAP operating costs, including lease,

HB3940 Enrolled - 58 - LRB103 25395 AWJ 51742 b
purchase, maintenance, replacement, and upgrade of
customer premises equipment (hardware and software),
CAD equipment (hardware and software), and the PSAP
building and facility and including NG9-1-1,
cybersecurity, pre-arrival instructions, and emergency
notification systems. PSAP operating costs include
technological innovation that supports 9-1-1;
(B) PSAP personnel costs, including
telecommunicators' salaries and training;
(C) PSAP administration, including costs for
administration of 9-1-1 services and travel expenses
associated with the provision of 9-1-1 services;
(D) integrating public safety and first responder
dispatch and 9-1-1 systems, including lease, purchase,
maintenance, and upgrade of CAD equipment (hardware
and software) to support integrated 9-1-1 and public
safety dispatch operations; and
(E) providing the interoperability of 9-1-1
systems with one another and with public safety and
first responder radio systems The coding of an initial
Master Street Address Guide database, and update and
maintenance thereof.
(3) (Blank). The repayment of any moneys advanced for
the implementation of the system.
(4) (Blank). The charges for Automatic Number
Identification and Automatic Location Identification

HB3940 Enrolled - 59 - LRB103 25395 AWJ 51742 b
equipment, a computer aided dispatch system that records,
maintains, and integrates information, mobile data
transmitters equipped with automatic vehicle locators, and
maintenance, replacement, and update thereof to increase
operational efficiency and improve the provision of
emergency services.
(5) (Blank). The non-recurring charges related to
installation of the Emergency Telephone System.
(6) (Blank). The initial acquisition and installation,
or the reimbursement of costs therefor to other
governmental bodies that have incurred those costs, of
road or street signs that are essential to the
implementation of the Emergency Telephone System and that
are not duplicative of signs that are the responsibility
of the jurisdiction charged with maintaining road and
street signs. Funds may not be used for ongoing expenses
associated with road or street sign maintenance and
replacement.
(7) (Blank). Other products and services necessary for
the implementation, upgrade, and maintenance of the system
and any other purpose related to the operation of the
system, including costs attributable directly to the
construction, leasing, or maintenance of any buildings or
facilities or costs of personnel attributable directly to
the operation of the system. Costs attributable directly
to the operation of an emergency telephone system do not

HB3940 Enrolled - 60 - LRB103 25395 AWJ 51742 b
include the costs of public safety agency personnel who
are and equipment that is dispatched in response to an
emergency call.
(8) (Blank). The defraying of expenses incurred to
implement Next Generation 9-1-1, subject to the conditions
set forth in this Act.
(9) (Blank). The implementation of a computer aided
dispatch system or hosted supplemental 9-1-1 services.
(10) (Blank). The design, implementation, operation,
maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
NG9-1-1 emergency services and public safety answering
points.
(b) The obligation or expenditure of surcharge revenues
received under this Act for a purpose or function inconsistent
with 47 CFR 9.23 and this Section shall constitute diversion,
which undermines the purpose of this Act by depriving the
9-1-1 system of the funds it needs to function effectively and
to modernize 9-1-1 operations. Examples of diversion include,
but are not limited to:
(1) transfer of 9-1-1 fees into a State or other
jurisdiction's general fund or other fund for non-9-1-1
purposes;
(2) use of surcharge revenues for equipment or
infrastructure for constructing or expanding
non-public-safety communications networks (e.g.,
commercial cellular networks); and

HB3940 Enrolled - 61 - LRB103 25395 AWJ 51742 b
(3) use of surcharge revenues for equipment or
infrastructure for law enforcement, firefighters, and
other public safety or first responder entities that does
not directly support providing 9-1-1 services.
(c) In the case of a municipality with a population over
500,000, moneys may also be used for any anti-terrorism or
emergency preparedness measures, including, but not limited
to, preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras, as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/40)
(Section scheduled to be repealed on December 31, 2023)
Sec. 40. Financial reports.
(a) The Illinois State Police shall create uniform
accounting procedures, with such modification as may be
required to give effect to statutory provisions applicable
only to municipalities with a population in excess of 500,000,
that any emergency telephone system board or unit of local
government receiving surcharge money pursuant to Section 15.3,
15.3a, or 30 of this Act must follow.
(b) By January 31, 2018, and every January 31 thereafter,
each emergency telephone system board or unit of local

HB3940 Enrolled - 62 - LRB103 25395 AWJ 51742 b
government receiving surcharge money pursuant to Section 15.3,
15.3a, or 30 shall report to the Illinois State Police audited
financial statements showing total revenue and expenditures
for the period beginning with the end of the period covered by
the last submitted report through the end of the previous
calendar year in a form and manner as prescribed by the
Illinois State Police. Such financial information shall
include:
(1) a detailed summary of revenue from all sources
including, but not limited to, local, State, federal, and
private revenues, and any other funds received;
(2) all expenditures made during the reporting period
from distributions under this Act;
(3) call data and statistics, when available, from the
reporting period, as specified by the Illinois State
Police and collected in accordance with any reporting
method established or required by the Illinois State
Police;
(4) all costs associated with dispatching appropriate
public safety agencies to respond to 9-1-1 calls received
by the PSAP; and
(5) all funding sources and amounts of funding used
for costs described in paragraph (4) of this subsection
(b).
The emergency telephone system board or unit of local
government is responsible for any costs associated with

HB3940 Enrolled - 63 - LRB103 25395 AWJ 51742 b
auditing such financial statements. The Illinois State Police
shall post annual financial reports the audited financial
statements on the Illinois State Police's website.
(c) Along with its audited financial statement, each
emergency telephone system board or unit of local government
receiving a grant under Section 15.4b of this Act shall
include a report of the amount of grant moneys received and how
the grant moneys were used. In case of a conflict between this
requirement and the Grant Accountability and Transparency Act,
or with the rules of the Governor's Office of Management and
Budget adopted thereunder, that Act and those rules shall
control.
(d) If an emergency telephone system board that receives
funds from the Statewide 9-1-1 Fund fails to file the 9-1-1
system financial reports as required under this Section, the
Illinois State Police shall suspend and withhold monthly
disbursements otherwise due to the emergency telephone system
board under Section 30 of this Act until the report is filed.
Any monthly disbursements that have been withheld for 12
months or more shall be forfeited by the emergency telephone
system board and shall be distributed proportionally by the
Illinois State Police to compliant emergency telephone system
boards that receive funds from the Statewide 9-1-1 Fund.
Any emergency telephone system board not in compliance
with this Section shall be ineligible to receive any
consolidation grant or infrastructure grant issued under this

HB3940 Enrolled - 64 - LRB103 25395 AWJ 51742 b
Act.
(e) The Illinois State Police may adopt emergency rules
necessary to implement the provisions of this Section.
(f) Any findings or decisions of the Illinois State Police
under this Section shall be deemed a final administrative
decision and shall be subject to judicial review under the
Administrative Review Law.
(g) Beginning October 1, 2017, the Illinois State Police
shall provide a quarterly report to the Statewide 9-1-1
Advisory Board of its expenditures from the Statewide 9-1-1
Fund for the prior fiscal quarter.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(50 ILCS 750/50)
(Section scheduled to be repealed on December 31, 2023)
Sec. 50. Fund audits. The Auditor General shall conduct as
a part of its bi-annual audit, an audit of the Statewide 9-1-1
Fund and the Wireless Carrier Reimbursement Fund for
compliance with the requirements of this Act. The audit shall
include, but not be limited to, the following determinations:
(1) Whether detailed records of all receipts and
disbursements from the Statewide 9-1-1 Fund and the
Wireless Carrier Reimbursement Fund are being maintained.
(2) Whether administrative costs charged to the funds
are adequately documented and are reasonable.

HB3940 Enrolled - 65 - LRB103 25395 AWJ 51742 b
(3) Whether the procedures for making disbursements
and grants and providing reimbursements in accordance with
the Act are adequate.
(4) The status of the implementation of statewide
9-1-1 service and Next Generation 9-1-1 service in
Illinois.
The Illinois Commerce Commission, the Illinois State
Police, and any other entity or person that may have
information relevant to the audit shall cooperate fully and
promptly with the Office of the Auditor General in conducting
the audit. The Auditor General shall commence the audit as
soon as possible and distribute the report upon completion in
accordance with Section 3-14 of the Illinois State Auditing
Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(50 ILCS 750/99)
(Section scheduled to be repealed on December 31, 2023)
Sec. 99. Repealer. This Act is repealed on December 31,
2025 2023.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
(50 ILCS 750/15 rep.)
(50 ILCS 750/15.2c rep.)
(50 ILCS 750/45 rep.)
Section 15. The Emergency Telephone System Act is amended

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by repealing Sections 15, 15.2c, and 45.
Section 20. The Criminal Code of 2012 is amended by
changing Section 26-1 as follows:
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace;
(2) Transmits or causes to be transmitted in any
manner to the fire department of any city, town, village
or fire protection district a false alarm of fire, knowing
at the time of the transmission that there is no
reasonable ground for believing that the fire exists;
(3) Transmits or causes to be transmitted in any
manner to another a false alarm to the effect that a bomb
or other explosive of any nature or a container holding
poison gas, a deadly biological or chemical contaminant,
or radioactive substance is concealed in a place where its
explosion or release would endanger human life, knowing at
the time of the transmission that there is no reasonable
ground for believing that the bomb, explosive or a
container holding poison gas, a deadly biological or

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chemical contaminant, or radioactive substance is
concealed in the place;
(3.5) Transmits or causes to be transmitted in any
manner a threat of destruction of a school building or
school property, or a threat of violence, death, or bodily
harm directed against persons at a school, school
function, or school event, whether or not school is in
session;
(4) Transmits or causes to be transmitted in any
manner to any peace officer, public officer or public
employee a report to the effect that an offense will be
committed, is being committed, or has been committed,
knowing at the time of the transmission that there is no
reasonable ground for believing that the offense will be
committed, is being committed, or has been committed;
(5) Transmits or causes to be transmitted in any
manner a false report to any public safety agency without
the reasonable grounds necessary to believe that
transmitting the report is necessary for the safety and
welfare of the public; or
(6) Calls or texts the number "911" or transmits or
causes to be transmitted in any manner to a public safety
agency or public safety answering point for the purpose of
making or transmitting a false alarm or complaint and
reporting information when, at the time the call, text, or
transmission is made, the person knows there is no

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reasonable ground for making the call, text, or
transmission and further knows that the call, text, or
transmission could result in the emergency response of any
public safety agency;
(7) Transmits or causes to be transmitted in any
manner a false report to the Department of Children and
Family Services under Section 4 of the Abused and
Neglected Child Reporting Act;
(8) Transmits or causes to be transmitted in any
manner a false report to the Department of Public Health
under the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act;
(9) Transmits or causes to be transmitted in any
manner to the police department or fire department of any
municipality or fire protection district, or any privately
owned and operated ambulance service, a false request for
an ambulance, emergency medical technician-ambulance or
emergency medical technician-paramedic knowing at the time
there is no reasonable ground for believing that the
assistance is required;
(10) Transmits or causes to be transmitted in any
manner a false report under Article II of Public Act
83-1432;
(11) Enters upon the property of another and for a
lewd or unlawful purpose deliberately looks into a

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dwelling on the property through any window or other
opening in it; or
(12) While acting as a collection agency as defined in
the Collection Agency Act or as an employee of the
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged debtor
which is designed to harass, annoy or intimidate the
alleged debtor.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
violation of subsection (a)(8) or (a)(10) of this Section is a
Class B misdemeanor. A violation of subsection (a)(2),
(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
a Class 4 felony. A violation of subsection (a)(3) of this
Section is a Class 3 felony, for which a fine of not less than
$3,000 and no more than $10,000 shall be assessed in addition
to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a
Business Offense and shall be punished by a fine not to exceed
$3,000. A second or subsequent violation of subsection (a)(7)
or (a)(5) of this Section is a Class 4 felony. A third or
subsequent violation of subsection (a)(11) of this Section is
a Class 4 felony.
(c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct

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to perform community service for not less than 30 and not more
than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a
false alarm of a threat that a bomb or explosive device has
been placed in a school that requires an emergency response to
reimburse the unit of government that employs the emergency
response officer or officers that were dispatched to the
school for the cost of the response. If the court determines
that the person convicted of disorderly conduct that requires
an emergency response to a school is indigent, the provisions
of this subsection (d) do not apply.
(e) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3.5) or (6) of subsection (a) to
reimburse the public agency for the reasonable costs of the
emergency response by the public agency up to $10,000. If the
court determines that the person convicted of disorderly

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conduct under paragraph (3.5) or (6) of subsection (a) is
indigent, the provisions of this subsection (e) do not apply.
(f) For the purposes of this Section, "emergency response"
means any condition that results in, or could result in, the
response of a public official in an authorized emergency
vehicle, any condition that jeopardizes or could jeopardize
public safety and results in, or could result in, the
evacuation of any area, building, structure, vehicle, or of
any other place that any person may enter, or any incident
requiring a response by a police officer, a firefighter, a
State Fire Marshal employee, or an ambulance.
(Source: P.A. 101-238, eff. 1-1-20.)