HB5542 97TH GENERAL ASSEMBLY

LRB097 17247 KMW 62447 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5542

Introduced 2/15/2012, 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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 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 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.

"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 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, 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;

(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.

(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;

(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 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 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.

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.

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.

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 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 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 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, 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.