Bill Text: IL HB5542 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Creates the Next Generation Emergency Telephone System Act. Makes legislative findings. Defines terms. Provides that, in order to handle the increasing volume and diversity of information that can be made available to assist call takers and responders in an emergency, public agencies may update their current 9-1-1 systems to a Next Generation 9-1-1 (NG9-1-1) system. Sets forth requirements for a strategic plan that must be developed. Creates the Illinois Next Generation 9-1-1 Network (INGN) to support NG9-1-1 operations and be governed by a board of directors. Sets forth the powers and duties of the Board. Sets forth procedures and requirements for the incorporation of the 9-1-1 systems, capabilities, accessibility, implementation, areas to be served, and joint agreements. Provides for certain exemptions from civil liabilities. Provides that divulging certain confidential information and making a false complaint are offenses punishable under the Criminal Code of 1961. Requires that all NG9-1-1 systems support Non-Voice-Centric Emergency Services (NVC). Contains provisions concerning advertising emergency services and funding. Amends the State Finance Act. Creates the 9-1-1 Service Equalization Trust Fund in the State Treasury. Effective January 1, 2013.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB5542 Detail]

Download: Illinois-2011-HB5542-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5542 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.811 new
Creates the Next Generation Emergency Telephone System Act. Makes legislative findings. Defines terms. Provides that, in order to handle the increasing volume and diversity of information that can be made available to assist call takers and responders in an emergency, public agencies may update their current 9-1-1 systems to a Next Generation 9-1-1 (NG9-1-1) system. Sets forth requirements for a strategic plan that must be developed. Creates the Illinois Next Generation 9-1-1 Network (INGN) to support NG9-1-1 operations and be governed by a board of directors. Sets forth the powers and duties of the Board. Sets forth procedures and requirements for the incorporation of the 9-1-1 systems, capabilities, accessibility, implementation, areas to be served, and joint agreements. Provides for certain exemptions from civil liabilities. Provides that divulging certain confidential information and making a false complaint are offenses punishable under the Criminal Code of 1961. Requires that all NG9-1-1 systems support Non-Voice-Centric Emergency Services (NVC). Contains provisions concerning advertising emergency services and funding. Amends the State Finance Act. Creates the 9-1-1 Service Equalization Trust Fund in the State Treasury. Effective January 1, 2013.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the "Next
Generation Emergency Telephone System Act".
Section 5. Findings. The General Assembly finds and
declares that the establishment of a uniform, statewide
emergency number is a matter of statewide concern and interest
to all inhabitants and citizens of this State. The General
Assembly further finds and declares that it is in the public
interest to improve the capabilities of the State's 9-1-1
systems by converting from analog circuit-switched technology
to digital Internet protocol technology. Major changes to the
existing 9-1-1 architecture are necessary to accommodate the
rapid evolution of the devices and services that can be used to
call for help. It is the purpose of this Act to encourage units
of local government and combinations of those units to develop
and improve emergency communication systems, procedures, and
facilities in such a manner as to be able to quickly respond to
any person calling the telephone number "9-1-1" seeking police,
fire, medical, rescue, and other emergency services. The
General Assembly declares that a major purpose in enacting this
Act is to eliminate instances in which a responding emergency

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service refuses to render aid to the requester because the
requester is outside of the jurisdictional boundaries of the
emergency service.
Section 10. Definitions. As used in this Act, the terms in
this Section have the meanings ascribed to them.
"Access network" means a network that connects directly to
the end user or customer.
"Automatic alarm" and "automatic alerting device" mean any
device that will access the 9-1-1 system for emergency services
upon activation.
"Board" means an Emergency Telephone System Board or a
Joint Emergency Telephone System Board.
"Calls" means any type of request for emergency assistance
(RFEA), and is not limited to voice.
"Carrier" means a function provided by a business entity to
a customer base, typically for a fee. Examples of carriers and
associated services include, but are not limited to, PSTN
service by a Local Exchange Carrier, VoIP service by a VoIP
Service Provider, and email service provided by an Internet
Service Provider.
"Commission" means the Illinois Commerce Commission.
"Core Services" means the responsibilities related to
development and management of NG9-1-1 systems operations and
system administration functions, including data definition and
management, business rules, validation, delivery, location

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services, and any ancillary data services.
"Direct dispatch method" means a telephone service
providing for the dispatch of an appropriate emergency service
unit upon receipt of a telephone request for such services and
a decision as to the proper action to be taken.
"ESInet" means an Emergency Services Internet Protocol
(IP) network, an IP-based inter-network (network of networks)
that can be shared by all public safety agencies that may be
involved in any emergency.
"Mechanical dialer" means any device that either manually
or remotely triggers a dialing device to access the 9-1-1
system.
"Network connections" means the number of communications
channels directly between a subscriber and a Next Generation
9-1-1 system.
"Next generation 9-1-1" or "NG9-1-1" means 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.
"NG9-1-1 System provider" means the contracted entity
providing Next Generation 9-1-1.
"Point of interconnection" means the connection point
between a carrier's Access Network(s) and the 9-1-1 Service
Provider's network or to an ESInet.

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"Public agency" means the State, and any unit of local
government or special purpose district located in whole or in
part within this State which 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 which provides firefighting, police, medical, or
other emergency services.
"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.
"Referral method" means a telephone service that, upon
receipt of a telephone request for emergency services, provides
the requesting party with the telephone number of the
appropriate public safety agency or other provider of emergency
services.
"Relay method" means a telephone service whereby pertinent
information is noted by the recipient of a telephone request
for emergency services, and is relayed to appropriate public
safety agencies or other providers of emergency services for
dispatch of an emergency service unit.
"System" means the communications equipment required to
produce a response by the appropriate emergency public safety
agency as a result of an emergency call being placed to 9-1-1.
"Transfer method" means a telephone service which receives

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telephone requests for emergency services and directly
transfers such requests to an appropriate public safety agency
or other provider of emergency services.
Section 15. Next Generation 9-1-1 systems. In order to
handle the increasing volume and diversity of information that
can be made available to assist call takers and responders in
an emergency, public agencies may update their current 9-1-1
system(s) to a Next Generation 9-1-1 or NG9-1-1 system.
Recommended standards for the design, implementation, and
operation of NG9-1-1 systems are published by the National
Emergency Number Association (NENA) Operations and Technical
Committees. NENA recommended standards for NG9-1-1 systems
shall supersede the standards set forth previously for 9-1-1
systems.
The establishment of these systems shall be centralized to
the extent feasible. 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.
(a) A board, a qualified governmental entity, a group of
boards, or a group of qualified governmental entities may form
a Network Operating Authority or a Regional Network Operating
Authority for the purpose of planning, implementing,

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operating, and maintaining a Regional ESInet. The Network
Operating Authority or Regional Network Operating Authority
may employ a commercial or noncommercial NG9-1-1 System
provider to implement, operate, and maintain the network,
applications, and databases which may comprise an ESInet.
ESInets may share core services with other ESInets. Carriers
shall deliver calls to the designated point of interconnection
as determined by the appropriate Regional Network Operating
Authority.
Once formed, a Network Operating Authority or Regional
Network Operating Authority shall submit a strategic plan to
the Illinois Next Generation 9-1-1 Network for approval. A
regional strategic plan must include all of the following:
(i) a description of the planned NG9-1-1 system
architecture;
(ii) a description of how the NG9-1-1 system will be
implemented, along with a transition plan and timeline;
(iii) a description of how the transition will be
funded and how grants would be used to implement NG9-1-1;
(iv) a plan to develop and maintain the required
databases and enable information sharing across
jurisdictional boundaries;
(v) policies, procedures, and measures to be employed
to protect the security of the network and maintain the
integrity, confidentiality, and availability of
information accessed;

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(vi) measures to be taken to minimize the impact of the
failure of a single network element;
(vii) a description of how training programs for staff
will be conducted before NG9-1-1 services are deployed;
(viii) a description of the awareness programs for the
public; and
(ix) measures to foster a competitive environment for
the procurement of NG9-1-1 services.
Once the strategic plan is approved, and NG9-1-1
implementation begins, NG9-1-1 and 9-1-1 operations previously
governed by the Emergency Telephone System Act shall be
governed by this Act.
(b) A not-for-profit corporation known as the Illinois Next
Generation 9-1-1 Network or INGN shall be created to support
NG9-1-1 operations. INGN shall be incorporated under the
General Not for Profit Corporation Act of 1986 and shall be
registered, incorporated, organized, and operated in
compliance with the laws of this State. INGN shall be supported
within the Commission, but shall exercise its powers, duties,
and responsibilities independently of the Commission. The
Executive Director of the Commission shall employ, in
accordance with the provisions of the Illinois Personnel Code,
administrative, professional, clerical, and other personnel as
may be required and may organize such staff as may be
appropriate to effectuate the purposes of this Act. INGN shall
not be a State agency.

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(c) INGN shall be governed by a board of directors. The
INGN Board shall consist of 11 voting members, 3 of whom shall
be appointed by the Illinois Chapter of the National Emergency
Number Association (INENA), 3 by the Illinois Chapter of the
Association of Public Safety Communications Officials (IL
APCO), one appointed by the Illinois Sheriffs' Association, one
appointed by the Illinois Association of Chiefs of Police, one
appointed by the Illinois Fire Chiefs Association, one
appointed by the Chicago Office of Emergency Management and
Communications (OEMC), and one appointed by the Cook County
Emergency Telephone System Board (ETSB). A member appointed by
the Illinois Commerce Commission (ICC) and a member appointed
by the Illinois Telecommunications Association (ITA) shall be
non-voting ex-officio members. Members of the Board shall
receive no compensation but shall be reimbursed for reasonable
expenses incurred in the performance of their duties. The Board
shall elect a chair of the Board from among the members. The
Board shall meet at the call of the chair.
(d) The Board of Directors shall have all of the following
powers and duties:
(i) to publish a master plan that provides planning
guidance for the transition to NG9-1-1 in Illinois. The
master plan shall establish interconnection requirements
for regional ESInets in order to connect the Regional
ESInets into a state-wide network and connect to adjacent
States;

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(ii) to review and approve or disapprove the strategic
plans or their modifications for the implementation,
operation and maintenance of NG9-1-1 ESInets to ensure the
best interests of public safety are maintained;
(iii) to direct the administration of the funds in the
NG9-1-1 Service Equalization Trust Fund, including to
apply for, solicit, receive, establish priorities for,
allocate, disburse, contract for, and spend funds that are
made available to the INGN from any source to effectuate
the purposes of this Act;
(iv) from the funds in the NG9-1-1 Service Equalization
Trust Fund, and other sources, to make grants to Network
Operating Authorities or Regional Network Operating
Authorities to carry out approved strategic plans;
(v) to define reporting requirements and provide
oversight for grants;
(vi) to report annually, on or before April 1, 2014 to
the Governor, General Assembly, and, upon request, to
members of the general public on the Council's activities
in the preceding year;
(vii) to adopt, amend, and repeal by-laws and policies,
not inconsistent with the powers granted to it or the
articles of incorporation, for the administration of the
affairs of INGN and the exercise of its corporate powers;
and
(viii) to exercise any other powers that are

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reasonable, necessary, or convenient to fulfill its
responsibilities, to carry out and to effectuate the
objectives and purposes of the Council and the provisions
of this Act, and to comply with the requirements of
applicable federal or State laws or regulations; provided,
however, that such powers shall not include the power to
subpoena or arrest.
(e) An Advisory Committee is established for the benefit of
INGN and its Board of Directors in the performance of their
powers, duties, and functions under this Act. The Board shall
provide for the number, qualifications, and appointment of
members of the Advisory Committee.
Section 20. Incorporation of emergency services. Every
system shall include police, firefighting, and emergency
medical and ambulance services, and may include other emergency
services, in the discretion of the affected local public
agency, such as poison control services, suicide prevention
services, and emergency management services. The system may
incorporate a private ambulance service. In those areas in
which a public safety agency of the State provides emergency
services, the system shall include that public safety agency.
Section 25. Emergency telephone numbers. The digits
"9-1-1" shall be the primary emergency telephone number within
the system, but a public agency or public safety agency shall

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maintain a separate secondary seven digit emergency backup
number for at least 6 months after the "9-1-1" system is
established and in operation, and shall maintain a separate
number for nonemergency telephone calls.
Section 30. Capabilities of system; pay telephones. All
systems shall be designed to meet the specific requirements of
each community and public agency served by the system. Every
Next Generation 9-1-1 system shall be designed to have the
capability of utilizing at least one of the following methods
in response to emergency calls: (i) the direct dispatch method,
(ii) the relay method, (iii) the transfer method, or (iv) the
referral method.
To maximize efficiency and utilization of the system, all
pay telephones within each system shall enable a caller to dial
"9-1-1" for emergency services without the necessity of
inserting a coin. This paragraph does not apply to pay
telephones located in penal institutions, as defined in Section
2-14 of the Criminal Code of 1961, that have been designated
for the exclusive use of committed persons.
Section 35. Accessibility of 9-1-1 systems. The Commission
shall require that every 9-1-1 system be readily accessible to
hearing-impaired and voice-impaired individuals through the
use of telecommunications technology for hearing-impaired and
speech-impaired individuals.

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As used in this Section:
"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 can send and receive written messages over the
telephone network.
"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.
"Telecommunications technology" means equipment that
can send and receive written messages over the telephone
network.
Section 40. Implementation. The Commission shall
establish, with the cooperation of the INGN, a broad plan to
effectuate the purposes of this Act. The INGN shall coordinate
the implementation of systems established under this Act. The
INGN shall assist local public agencies and local public safety
agencies in obtaining financial help to establish NG9-1-1
service, and shall aid the agencies in the formulation of
concepts, methods, and procedures that will improve the
operation of systems required by this Act and which will
increase cooperation between public safety agencies.

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Section 45. Confidentiality.
(a) 9-1-1 information consisting of names, addresses and
telephone numbers of telephone customers whose listings are not
published in directories or listed in Directory Assistance
Offices is confidential. Except as provided in subsection (b),
information shall be provided on a call-by-call basis only for
the purpose of responding to emergency calls. For the purposes
of this subsection, "emergency" means a situation in which
property or human life is in jeopardy and the prompt
notification of the public safety agency is essential.
(b) 9-1-1 information, including information described in
subsection (a), may be used by a public safety agency for the
purpose of placing out-going emergency calls.
(c) Nothing in this Section prohibits a municipality with a
population of more than 500,000 from using 9-1-1 information,
including information described in subsection (a), for the
purpose of responding to calls made to a non-emergency
telephone system that is under the supervision and control of a
public safety agency and that shares all or some facilities
with an NG9-1-1 system.
(d) Any public safety agency that uses 9-1-1 information
for the purposes of subsection (b) must establish methods and
procedures that ensure the confidentiality of information as
required by subsection (a).
(e) Divulging confidential information in violation of
this Section is a Class A misdemeanor.

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Section 50. 9-1-1 system; county areas. The Emergency
Telephone System Board of any 9-1-1 system and the Chairman of
the County Board in any county implementing an NG9-1-1 system
shall ensure that all areas of the county are included in the
system.
Section 55. Joint powers of agreement. In implementing
systems under this Act, all public agencies in a single system
shall enter into a joint powers agreement or any other form of
written cooperative agreement which is applicable when need
arises on a day-to-day basis. Certified notification of the
continuation of such agreements shall be made among the
involved parties on an annual basis. In addition, the
agreements shall be entered into between public agencies and
public safety agencies which are part of different systems, but
whose jurisdictional boundaries are contiguous. The agreements
shall provide that, once an emergency unit is dispatched in
response to a request through the system, the unit shall render
its services to the requesting party without regard to whether
the unit is operating outside its normal jurisdictional
boundaries.
Section 60. Joint agreements; filing. Copies of the annual
certified notification of continuing agreement required by
Section 55 shall be filed with the Attorney General and the

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Commission. All agreements shall be so filed prior to the 31st
day of January. The Attorney General shall commence judicial
proceedings to enforce compliance with this Section and Section
55, where a public agency or public safety agency has failed to
timely enter into such agreement or file copies of the annual
certified notification.
Section 65. Public body; exemption from civil liability for
developing or operating an NG9-1-1 system. No public agency,
public safety agency, emergency telephone system board, or unit
of local government assuming the duties of an emergency
telephone system board, nor any officer, agent or employee of
any public agency, public safety agency, emergency telephone
system board, or unit of local government assuming the duties
of an emergency telephone system board, shall 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, or implementing any plan or NG9-1-1 system
required by this Act.
Exemption from civil liability for emergency instructions
is as provided in the Good Samaritan Act.
Section 70. False complaints. Any person making a request
for emergency assistance (RFEA) for the purpose of making a
false alarm or complaint and reporting false information is
subject to the provisions of Section 26-1 of the Criminal Code

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of 1961.
Section 75. Non-Voice-Centric Emergency Services. Next
Generation 9-1-1 systems shall support Non-Voice-Centric (NVC)
Emergency Services, but are intended to support (human) end
user to authority communication. NVC Emergency Services may
support, but are not limited to, the following examples of
nonverbal communications to an emergency services network:
(1) text communication between end users and emergency
services;
(2) multi-media transfers to emergency services during
a voice or NVC session with emergency services;
(3) real-time video session with emergency services;
and
(4) text communication with supplementary media,
including but not limited to, background audio or video.
NVC Emergency Services do not include support of calls from
non-human initiated devices that cause the number 9-1-1 to be
dialed in order to directly access emergency services,
including but not limited to automatic alarms, automatic
alerting devices, and automatic dialers.
Section 80. Emergency telephone number; advertising. No
person or private entity may advertise or otherwise publicize
the availability of services provided by a specific provider
and indicate that a consumer should obtain access to services

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provided by a specific provider by use of the emergency
telephone number.
Section 85. Funding.
(a) A special fund is created in the State Treasury, to be
known as the 9-1-1 Service Equalization Trust Fund, which shall
be administered by the Executive Director of the Commission at
the direction of the INGN board of Directors. All interest
earned from the investment or deposit of monies accumulated in
the Trust Fund shall, pursuant to Section 4.1 of the State
Finance Act, be deposited in the Trust Fund.
(b) Money deposited in this Trust Fund shall not be
considered general revenue of the State of Illinois.
(c) Money deposited in the Trust Fund shall be used only to
enhance efforts to effectuate the purposes of this Act as
determined by the Board of Directors of INGN and shall not be
appropriated, loaned or in any manner transferred to the
General Revenue Fund of the State of Illinois. Money in the
Trust Fund shall be expended for the following:
(i) Grants to Network Operating Authorities or
Regional Network Operating Authorities to implement,
operate, and maintain NG9-1-1 systems. The grants are not
required to be equal, but should be made to carry out the
policy of implementing NG9-1-1 service statewide. Money
provided under this section may be used only for expenses
related to implementing and sustaining NG9-1-1 services,

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including planning, professional services, provisioning,
call delivery, core services, applications, network
operations, and maintenance.
(ii) Payment of the Commission's costs to administer
the INGN and the Trust Fund, but for this purpose in an
amount not to exceed 10% in any one fiscal year of the
amount estimated to be collected in that same fiscal year.
Section 90. Compliance with certification of 9-1-1 System
providers by the Illinois Commerce Commission. In addition to
the requirements of this Section, all 9-1-1 System providers
must comply with the requirements of Section 13-900 of the
Public Utilities Act.
Section 195. The State Finance Act is amended by adding
Section 5.811 as follows:
(30 ILCS 105/5.811 new)
Sec. 5.811. The 9-1-1 Service Equalization Trust Fund.
Section 999. Effective date. This Act takes effect January
1, 2013.