Bill Text: IL HB4990 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Universal Telephone Service Protection Law of 1985 in the Public Utilities Act. Provides that provisions concerning the authority to serve as a 9-1-1 system provider do not apply to a not-for-profit entity that is involved in a regional pilot project to implement Next Generation 9-1-1 based on the Research and Innovative Technology Administration in the United States Department of Transportation. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-08-20 - Public Act . . . . . . . . . 96-1443 [HB4990 Detail]

Download: Illinois-2009-HB4990-Enrolled.html

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AN ACT concerning utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Emergency Telephone System Act is amended by
changing Sections 10, 11, and 15.4 and by adding Sections 2.21,
2.22, and 2.23 as follows:
(50 ILCS 750/2.21 new)
Sec. 2.21. Next generation 9-1-1 (NG9-1-1). "Next
generation 9-1-1" or "(NG9-1-1)" means, for the purposes of a
Regional Pilot Project, a system comprised of managed Internet
Protocol-based networks and elements that augment or replace
present day 9-1-1 features and functions and add new
capabilities, which may enable the public to transmit text,
images, video, or data, or a combination thereof, to the 9-1-1
system.
(50 ILCS 750/2.22 new)
Sec. 2.22. Regional Pilot Project. "Regional Pilot
Project" means an experimental program designed to test the
efficacy of next generation 9-1-1 (NG9-1-1) within a region
that includes not less than 15 counties and not more than 19
counties with an aggregate population no greater than 500,000.
Any Regional Pilot Project must be approved by the Commission

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and provide for an initial testing phase designed to
demonstrate the ability of the technology to provide access to
emergency services from new and existing sources with no
reduction in existing service quality, reliability, or safety.
(50 ILCS 750/2.23 new)
Sec. 2.23. Qualified governmental entity. "Qualified
governmental entity" means a unit of local government
authorized to provide 9-1-1 services pursuant to the Emergency
Telephone System Act where no emergency telephone system board
exists.
(50 ILCS 750/10) (from Ch. 134, par. 40)
Sec. 10. Technical and operational standards for the
development of the local agency systems shall be established
and reviewed by the Commission on or before December 31, 1979,
after consultation with all agencies specified in Section 9.
For the limited purpose of permitting a board, a qualified
governmental entity, a group of boards, or a group of
governmental entities to participate in a Regional Pilot
Project to implement next generation 9-1-1, as defined in this
Act, the Commission may forbear from applying any rule adopted
under the Emergency Telephone Systems Act as it applies to
conducting of the Regional Pilot Project to implement next
generation 9-1-1, if the Commission determines, after notice
and hearing, that:

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(1) enforcement of the rule is not necessary to ensure
the development and improvement of emergency communication
procedures and facilities in such a manner as to be able to
quickly respond to any person requesting 9-1-1 service from
police, fire, medical, rescue, and other emergency
services;
(2) enforcement of the rule or provision is not
necessary for the protection of consumers; and
(3) forbearance from applying the provisions or rules
is consistent with the public interest.
The Commission may exercise such forbearance with respect
to one, and only one, Regional Pilot Project to implement next
generation 9-1-1.
If the Commission authorizes a Regional Pilot Project, then
telecommunications carriers shall not be liable for any civil
damages as a result of any act or omission, except willful or
wanton misconduct, in connection with developing, adopting,
operating, implementing, or delivering or receiving calls in
connection with any plan or system authorized by this Section
and Section 11 of this Act.
(Source: P.A. 79-1092.)
(50 ILCS 750/11) (from Ch. 134, par. 41)
Sec. 11. Within one year after the implementation date or
by January 31, 1980, whichever is later, all public agencies in
a county having 100,000 or more inhabitants shall submit

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tentative plans of the establishment of a system required by
this Act to the public utility or utilities providing public
telephone service within the respective jurisdiction of each
public agency. A copy of each such plan shall be filed with the
Commission.
Within 2 years after the implementation date or by January
31, 1982, whichever is later, all public agencies in a county
having 100,000 or more inhabitants shall submit final plans for
the establishment of the system to such utilities, and shall
make arrangements with such utilities for the implementation of
the planned emergency telephone system no later than 3 years
after the implementation date or by December 31, 1985,
whichever is later. A copy of the plan required by this
subdivision shall be filed with the Commission. In order to
secure compliance with the standards promulgated under Section
10, the Commission shall have the power to approve or
disapprove such plan, unless such plan was announced before the
effective date of this Act.
If any public agency has implemented or is a part of a
system required by this Act on a deadline specified in this
Section, such public agency shall submit in lieu of the
tentative or final plan a report describing the system and
stating its operational date.
A board, a qualified governmental entity, a group of
boards, or a group of qualified governmental entities involved
in a Regional Pilot Project to implement next generation 9-1-1,

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as defined in this Act, shall submit a plan to the Commission
describing in detail the Regional Pilot Project no fewer than
180 days prior to the implementation of the plan. The
Commission may approve the plan after notice and hearing to
authorize such Regional Pilot Project. Such shall not exceed
one year duration or other time period approved by the
Commission. No entity may proceed with the Regional Pilot
Project until it receives Commission approval. In approving any
plan for a Regional Pilot Project under this Section, the
Commission may impose such terms, conditions, or requirements
as, in its judgment, are necessary to protect the interests of
the public.
The Commission shall have authority to approve one, and
only one, Regional Pilot Project to implement next generation
9-1-1.
Plans filed under this Section shall conform to minimum
standards established pursuant to Section 10.
(Source: P.A. 81-1122.)
(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
Sec. 15.4. Emergency Telephone System Board; powers.
(a) The corporate authorities of any county or municipality
that imposes a surcharge under Section 15.3 shall 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

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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) must 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, that impose a surcharge under Section 15.3
may, instead of establishing individual boards, establish by
intergovernmental agreement a Joint Emergency Telephone System
Board pursuant to this Section. The manner of appointment of
such a joint board shall be prescribed in the agreement.
(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:

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(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, 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) Participating in a Regional Pilot Project to
implement next generation 9-1-1, as defined in this Act,
subject to the conditions set forth in this Act.
(c) All moneys received by a board pursuant to a surcharge
imposed under Section 15.3 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 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. Expenditures may be made only to pay for the costs
associated with the following:

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(1) The design of the Emergency Telephone System.
(2) The coding of an initial Master Street Address
Guide data base, and update and maintenance thereof.
(3) The repayment of any moneys advanced for the
implementation of the system.
(4) The charges for Automatic Number Identification
and Automatic Location Identification 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) The non-recurring charges related to installation
of the Emergency Telephone System and the ongoing network
charges.
(6) The 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.
(7) 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,

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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 include the costs
of public safety agency personnel who are and equipment
that is dispatched in response to an emergency call.
(8) In the case of a municipality that imposes a
surcharge under subsection (h) of Section 15.3, 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.
(9) The defraying of expenses incurred in
participation in a Regional Pilot Project to implement next
generation 9-1-1, subject to the conditions set forth in
this Act.
Moneys in the fund may also be transferred to a
participating fire protection district to reimburse volunteer
firefighters who man remote telephone switching facilities
when dedicated 9-1-1 lines are down.
(d) The board shall complete the data base before
implementation of the 9-1-1 system. The error ratio of the data

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base shall not at any time exceed 1% of the total data base.
(Source: P.A. 95-698, eff. 1-1-08; 95-806, eff. 1-1-09;
95-1012, eff. 12-15-08; revised 1-18-10.)
Section 7. The Wireless Emergency Telephone Safety Act is
amended by changing Section 25 as follows:
(50 ILCS 751/25)
(Section scheduled to be repealed on April 1, 2013)
Sec. 25. Wireless Service Emergency Fund; distribution of
moneys. Within 60 days after the effective date of this Act,
wireless carriers shall submit to the Illinois Commerce
Commission the number of wireless subscribers by zip code and
the 9-digit zip code of the wireless subscribers, if currently
being used or later implemented by the carrier.
The Illinois Commerce Commission shall, subject to
appropriation, make monthly proportional grants to the
appropriate emergency telephone system board or qualified
governmental entity based upon the United States Postal Zip
Code of the wireless subscriber's billing address. No matching
funds shall be required from grant recipients.
If the Illinois Commerce Commission is notified of an area
of overlapping jurisdiction, grants for that area shall be made
based upon reference to an official Master Street Address Guide
to the emergency telephone system board or qualified
governmental entity whose public service answering points

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provide wireless 9-1-1 service in that area. The emergency
telephone system board or qualified governmental entity shall
provide the Illinois Commerce Commission with a valid copy of
the appropriate Master Street Address Guide. The Illinois
Commerce Commission does not have a duty to verify
jurisdictional responsibility.
In the event of a subscriber billing address being matched
to an incorrect jurisdiction by the Illinois Commerce
Commission, the recipient, upon notification from the Illinois
Commerce Commission, shall redirect the funds to the correct
jurisdiction. The Illinois Commerce Commission shall not be
held liable for any damages relating to an act or omission
under this Act, unless the act or omission constitutes gross
negligence, recklessness, or intentional misconduct.
In the event of a dispute between emergency telephone
system boards or qualified governmental entities concerning a
subscriber billing address, the Illinois Commerce Commission
shall resolve the dispute.
The Illinois Commerce Commission shall maintain detailed
records of all receipts and disbursements and shall provide an
annual accounting of all receipts and disbursements to the
Auditor General.
The Illinois Commerce Commission shall adopt rules to
govern the grant process.
The Illinois Commerce Commission must conduct a study to
determine the future technological and financial needs of the

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wireless 9-1-1 systems The Illinois Commerce Commission may
also use moneys in the Wireless Service Emergency Fund for the
purpose of conducting a study to determine the future
technological and financial needs of the wireless 9-1-1
systems. The A study shall include input from the
telecommunications industry, the Illinois National Emergency
Number Association, and the public safety community. The
Illinois Commerce Commission may use moneys in the Wireless
Service Emergency Fund for the purpose of conducting the study.
The Illinois Commerce Commission must report its findings and
recommendations to the General Assembly within one year after
the effective date of this amendatory Act of the 96th General
Assembly.
(Source: P.A. 95-698, eff. 1-1-08.)
Section 10. The Public Utilities Act is amended by adding
Section 13-900.1 as follows:
(220 ILCS 5/13-900.1 new)
Sec. 13-900.1. Regulatory flexibility for 9-1-1 system
providers.
(a) For purposes of this Section, "Regional Pilot Project"
to implement next generation 9-1-1 has the same meaning as that
term is defined in Section 2.22 of the Emergency Telephone
System Act.
(b) For the limited purpose of a Regional Pilot Project to

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implement next generation 9-1-1, as defined in Section 13-900
of this Article, the Commission may forbear from applying any
rule or provision of Section 13-900 as it applies to
implementation of the Regional Pilot Project to implement next
generation 9-1-1 if the Commission determines, after notice and
hearing, that: (1) enforcement of the rule is not necessary to
ensure the development and improvement of emergency
communication procedures and facilities in such a manner as to
be able to quickly respond to any person requesting 9-1-1
services from police, fire, medical, rescue, and other
emergency services; (2) enforcement of the rule or provision is
not necessary for the protection of consumers; and (3)
forbearance from applying such provisions or rules is
consistent with the public interest. The Commission may
exercise such forbearance with respect to one, and only one,
Regional Pilot Project as authorized by Sections 10 and 11 of
the Emergency Telephone Systems Act to implement next
generation 9-1-1.
Section 99. Effective date. This Act takes effect upon
becoming law.