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Sen. Bill Cunningham
Filed: 5/6/2025
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| 1 | | AMENDMENT TO HOUSE BILL 1866
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1866 by replacing |
| 3 | | everything after the enacting clause with the following: |
| 4 | | "Section 5. The Emergency Telephone System Act is amended |
| 5 | | by changing Sections 2, 3, 6.2, 7, 7.1, 10, 10.3, 11.5, 15.2, |
| 6 | | 15.3, 15.4, 15.4a, 15.4b, 15.6b, 16, 17.5, 19, 20, 30, 35, 40, |
| 7 | | 80, and 99 and by adding Section 15.9 as follows: |
| 8 | | (50 ILCS 750/2) (from Ch. 134, par. 32) |
| 9 | | (Section scheduled to be repealed on December 31, 2025) |
| 10 | | Sec. 2. Definitions. As used in this Act, unless the |
| 11 | | context otherwise requires: |
| 12 | | "9-1-1 network" means the network used for the delivery of |
| 13 | | 9-1-1 calls and messages over dedicated and redundant |
| 14 | | facilities to a primary or backup 9-1-1 PSAP that meets the |
| 15 | | appropriate grade of service. |
| 16 | | "9-1-1 system" means the geographic area that has been |
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| 1 | | granted an order of authority by the Commission or the |
| 2 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary |
| 3 | | emergency telephone number, including, but not limited to, the |
| 4 | | network, software applications, databases, CPE components and |
| 5 | | operational and management procedures required to provide |
| 6 | | 9-1-1 service. |
| 7 | | "9-1-1 Authority" means an Emergency Telephone System |
| 8 | | Board or Joint Emergency Telephone System Board that provides |
| 9 | | for the management and operation of a 9-1-1 system. "9-1-1 |
| 10 | | Authority" includes the Illinois State Police only to the |
| 11 | | extent it provides 9-1-1 services under this Act. |
| 12 | | "9-1-1 System Manager" means the manager, director, |
| 13 | | administrator, or coordinator who at the direction of his or |
| 14 | | her Emergency Telephone System Board is responsible for the |
| 15 | | implementation and execution of the order of authority issued |
| 16 | | by the Commission or the Statewide 9-1-1 Administrator through |
| 17 | | the programs, policies, procedures, and daily operations of |
| 18 | | the 9-1-1 system consistent with the provisions of this Act. |
| 19 | | "Administrator" means the Statewide 9-1-1 Administrator. |
| 20 | | "Advanced service" means any telecommunications service |
| 21 | | with or without dynamic bandwidth allocation, including, but |
| 22 | | not limited to, ISDN Primary Rate Interface (PRI), that, |
| 23 | | through the use of a DS-1, T-1, or other un-channelized or |
| 24 | | multi-channel transmission facility, is capable of |
| 25 | | transporting either the subscriber's inter-premises voice |
| 26 | | telecommunications services to the public switched network or |
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| 1 | | the subscriber's 9-1-1 calls to the public agency. |
| 2 | | "Aggregator" means an entity that ingresses 9-1-1 calls of |
| 3 | | multiple traffic types or 9-1-1 calls from multiple |
| 4 | | originating service providers and combines them on a trunk |
| 5 | | group or groups (or equivalent egress connection arrangement |
| 6 | | to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or |
| 7 | | system), and that uses the routing information provided in the |
| 8 | | received call setup signaling to select the appropriate trunk |
| 9 | | group and proceeds to signal call setup toward the 9-1-1 |
| 10 | | system provider. "Aggregator" includes an originating service |
| 11 | | provider that provides aggregation functions for its own 9-1-1 |
| 12 | | calls. "Aggregator" also includes an aggregation network or an |
| 13 | | aggregation entity that provides aggregator services for other |
| 14 | | types of system providers, such as cloud-based services or |
| 15 | | enterprise networks as its client. |
| 16 | | "ALI" or "automatic location identification" means the |
| 17 | | automatic display at the public safety answering point of the |
| 18 | | address or location of the caller's telephone and |
| 19 | | supplementary emergency services information of the location |
| 20 | | from which a call originates. |
| 21 | | "ANI" or "automatic number identification" means the |
| 22 | | automatic display of the 10-digit telephone number associated |
| 23 | | with the caller's telephone number. |
| 24 | | "Automatic alarm" and "automatic alerting device" mean any |
| 25 | | device that will access the 9-1-1 system for emergency |
| 26 | | services upon activation and does not provide for two-way |
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| 1 | | communication. |
| 2 | | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned |
| 3 | | Backup Answering Point, or VAP. |
| 4 | | "Authorized entity" means an answering point or |
| 5 | | participating agency other than a decommissioned PSAP. |
| 6 | | "Backup PSAP" means an answering point that meets the |
| 7 | | appropriate standards of service and serves as an alternate to |
| 8 | | the PSAP operating independently from the PSAP at a different |
| 9 | | location that has the capability to direct dispatch for the |
| 10 | | PSAP or otherwise transfer emergency calls directly to an |
| 11 | | authorized entity. A backup PSAP may accept overflow calls |
| 12 | | from the PSAP or be activated if the primary PSAP is disabled. |
| 13 | | "Board" means an Emergency Telephone System Board or a |
| 14 | | Joint Emergency Telephone System Board created pursuant to |
| 15 | | Section 15.4. |
| 16 | | "Bylaws" means a set of regulations that ensure consistent |
| 17 | | and agreed upon voting and decision-making procedures. |
| 18 | | "Call back number" means a number used by a PSAP to |
| 19 | | recontact a location from which a 9-1-1 call was placed, |
| 20 | | regardless of whether that number is a direct-dial number for |
| 21 | | a station used to originate a 9-1-1 call. |
| 22 | | "Carrier" includes a telecommunications carrier and a |
| 23 | | wireless carrier. |
| 24 | | "Commission" means the Illinois Commerce Commission. |
| 25 | | "Computer aided dispatch" or "CAD" means a computer-based |
| 26 | | system that aids public safety telecommunicators or |
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| 1 | | telecommunicator supervisors by automating selected |
| 2 | | dispatching and recordkeeping activities. |
| 3 | | "Direct dispatch" means a 9-1-1 service wherein upon |
| 4 | | receipt of an emergency call, a public safety telecommunicator |
| 5 | | or telecommunicator supervisors transmits, without - without |
| 6 | | delay, transfer, relay, or referral, referral - all relevant |
| 7 | | available information to the appropriate public safety |
| 8 | | personnel or emergency responders. |
| 9 | | "Dispatchable location" means a location delivered to the |
| 10 | | PSAP with a 9-1-1 call that consists of the validated street |
| 11 | | address of the calling party, plus a 9-1-1 caller and |
| 12 | | additional information, such as a suite or apartment |
| 13 | | identifier, uncertainty data room number, floor number, or |
| 14 | | similar information, necessary to accurately identify the |
| 15 | | location of the calling party 9-1-1 caller. |
| 16 | | "Decommissioned" means the revocation of a PSAPs authority |
| 17 | | to handle 9-1-1 calls as an answering point within the 9-1-1 |
| 18 | | network. |
| 19 | | "Diversion" means the obligation or expenditure of a 9-1-1 |
| 20 | | fee or charge for a purpose or function other than the purposes |
| 21 | | and functions designated by the Federal Communications |
| 22 | | Commission as acceptable under 47 CFR 9.23. "Diversion" |
| 23 | | includes distribution of a 9-1-1 fee or charge to a political |
| 24 | | subdivision that obligates or expends such fees for a purpose |
| 25 | | or function other than those designated as acceptable by the |
| 26 | | Federal Communications Commission under 47 CFR 9.23. |
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| 1 | | "DS-1, T-1, or similar un-channelized or multi-channel |
| 2 | | transmission facility" means a facility that can transmit and |
| 3 | | receive a bit rate of at least 1.544 megabits per second |
| 4 | | (Mbps). |
| 5 | | "Dynamic bandwidth allocation" means the ability of the |
| 6 | | facility or customer to drop and add channels, or adjust |
| 7 | | bandwidth, when needed in real time for voice or data |
| 8 | | purposes. |
| 9 | | "Emergency call" means any type of request for emergency |
| 10 | | assistance through a 9-1-1 network either to the digits 9-1-1 |
| 11 | | or the emergency 24/7 10-digit telephone number for all |
| 12 | | answering points. An emergency call is not limited to a voice |
| 13 | | telephone call. It could be a two-way video call, an |
| 14 | | interactive text, Teletypewriter (TTY), an SMS, an Instant |
| 15 | | Message, or any new mechanism for communications available in |
| 16 | | the future. An emergency call occurs when the request for |
| 17 | | emergency assistance is received by a public safety |
| 18 | | telecommunicator. |
| 19 | | "Emergency Telephone System Board" or "ETSB" means (i) a |
| 20 | | board appointed by the corporate authorities of any county or |
| 21 | | municipality to provide for the management and operation of a |
| 22 | | 9-1-1 system within the scope of the duties and powers |
| 23 | | prescribed by this Act or (ii) a joint Emergency Telephone |
| 24 | | System Board. |
| 25 | | "EMS personnel" has the meaning given to that term in |
| 26 | | Section 3.5 of the Emergency Medical Services (EMS) Systems |
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| 1 | | Act. |
| 2 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that |
| 3 | | includes network switching, database and PSAP premise elements |
| 4 | | capable of providing automatic location identification data, |
| 5 | | selective routing, selective transfer, fixed transfer, and a |
| 6 | | call back number, including any enhanced 9-1-1 service so |
| 7 | | designated by the Federal Communications Commission in its |
| 8 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any |
| 9 | | successor proceeding. |
| 10 | | "ETSB" means an emergency telephone system board appointed |
| 11 | | by the corporate authorities of any county or municipality |
| 12 | | that provides for the management and operation of a 9-1-1 |
| 13 | | system. |
| 14 | | "First responder" means someone designated by a public |
| 15 | | safety agency who is charged with responding to emergency |
| 16 | | service requests, including emergency communications |
| 17 | | professionals, public safety telecommunicators, public safety |
| 18 | | telecommunicator supervisors, and police, fire, and EMS |
| 19 | | personnel who operate in the field. |
| 20 | | "Grade of service" means the P.01 for E9-1-1 services or |
| 21 | | the equivalent for NENA Baseline NG9-1-1 as set forth in the |
| 22 | | NENA i3 Solution prevailing national adopted standard. |
| 23 | | "Hearing-impaired individual" means a person with a |
| 24 | | permanent hearing loss who can regularly and routinely |
| 25 | | communicate by telephone only through the aid of devices which |
| 26 | | can send and receive written messages over the telephone |
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| 1 | | network. |
| 2 | | "Hosted supplemental 9-1-1 service" means a database |
| 3 | | service that: |
| 4 | | (1) electronically provides information for to 9-1-1 |
| 5 | | call takers when a call is placed to 9-1-1; |
| 6 | | (2) allows telephone subscribers to provide |
| 7 | | information to 9-1-1 to be used in emergency scenarios; |
| 8 | | (3) collects a variety of formatted data relevant to |
| 9 | | 9-1-1 and first responder needs, which may include, but is |
| 10 | | not limited to, photographs of the telephone subscribers, |
| 11 | | physical descriptions, medical information, household |
| 12 | | data, and emergency contacts; |
| 13 | | (4) allows for information to be entered by telephone |
| 14 | | subscribers through a secure website where they can elect |
| 15 | | to provide as little or as much information as they |
| 16 | | choose; |
| 17 | | (5) automatically displays data provided by telephone |
| 18 | | subscribers to 9-1-1 call takers for all types of |
| 19 | | telephones when a call is placed to 9-1-1 from a |
| 20 | | registered and confirmed phone number; |
| 21 | | (6) (blank); supports the delivery of telephone |
| 22 | | subscriber information through a secure internet |
| 23 | | connection to all emergency telephone system boards; |
| 24 | | (7) (blank); works across all 9-1-1 call taking |
| 25 | | equipment and allows for the easy transfer of information |
| 26 | | into a computer aided dispatch system; and |
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| 1 | | (8) (blank); may be used to collect information |
| 2 | | pursuant to an Illinois Premise Alert Program as defined |
| 3 | | in the Illinois Premise Alert Program (PAP) Act |
| 4 | | (9) supports the delivery of telephone subscriber |
| 5 | | information through a secure internet connection to all |
| 6 | | emergency telephone system boards; |
| 7 | | (10) works across all 9-1-1 call-taking equipment and |
| 8 | | allows for the easy transfer of information into a |
| 9 | | computer aided dispatch system; and |
| 10 | | (11) may be used to collect information pursuant to an |
| 11 | | Illinois Premise Alert Program as defined in the Illinois |
| 12 | | Premise Alert Program (PAP) Act. |
| 13 | | "Interconnected voice service" means a telecommunications |
| 14 | | service that: |
| 15 | | (1) allows users to make and receive calls to and from |
| 16 | | the public switched telephone network or other phone |
| 17 | | lines, including both traditional landline and mobile |
| 18 | | services; |
| 19 | | (2) enables users to make or receive voice calls to or |
| 20 | | from telephone numbers assigned to the public switched |
| 21 | | telephone network, including calls to and from emergency |
| 22 | | services; |
| 23 | | (3) requires a connection to the public switched |
| 24 | | telephone network (PSTN) either directly or through other |
| 25 | | interconnected services; |
| 26 | | (4) supports standard telephone functions, such as |
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| 1 | | making and receiving calls, voicemail, and the ability to |
| 2 | | connect with other telephone networks; |
| 3 | | (5) complies with various FCC regulations to ensure |
| 4 | | user safety, including the requirement to support 9-1-1 |
| 5 | | services, allowing emergency responders to locate the |
| 6 | | caller; and |
| 7 | | (6) can be provided over various technologies, |
| 8 | | including traditional telephone lines, broadband Internet |
| 9 | | connections via VoIP, and mobile networks. |
| 10 | | "Interconnected voice service" includes voice over |
| 11 | | Internet protocol (VoIP) services that are integrated into the |
| 12 | | public telephone system and the availability of other |
| 13 | | essential services like number portability and accessibility |
| 14 | | for people with disabilities. |
| 15 | | "Interconnected voice over Internet protocol provider" or |
| 16 | | "Interconnected VoIP provider" has the meaning given to that |
| 17 | | term under Section 13-235 of the Public Utilities Act. |
| 18 | | "Joint Emergency Telephone System Board" or "Joint ETSB" |
| 19 | | means a Joint Emergency Telephone System Board established by |
| 20 | | intergovernmental agreement of two or more municipalities or |
| 21 | | counties, or a combination thereof, to provide for the |
| 22 | | management and operation of a 9-1-1 system. |
| 23 | | "Key telephone system" means a type of MLTS designed to |
| 24 | | provide shared access to several outside lines through buttons |
| 25 | | or keys typically offering identified access lines with direct |
| 26 | | line appearance or termination on a given telephone set. |
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| 1 | | "Local public agency" means any unit of local government |
| 2 | | or special purpose district located in whole or in part within |
| 3 | | this State that provides or has authority to provide |
| 4 | | firefighting, police, ambulance, medical, or other emergency |
| 5 | | services. |
| 6 | | "Mechanical dialer" means any device that accesses the |
| 7 | | 9-1-1 system without human intervention and does not provide |
| 8 | | for two-way communication. |
| 9 | | "Master Street Address Guide" or "MSAG" is a database of |
| 10 | | street names and house ranges within their associated |
| 11 | | communities defining emergency service zones (ESZs) and their |
| 12 | | associated emergency service numbers (ESNs) to enable proper |
| 13 | | routing of 9-1-1 calls. |
| 14 | | "Mobile telephone number" or "MTN" means the telephone |
| 15 | | number assigned to a wireless telephone at the time of initial |
| 16 | | activation. |
| 17 | | "Multi-line telephone system" or "MLTS" means a system |
| 18 | | composed that is comprised of a common control unit or units, |
| 19 | | telephone sets, control hardware and software, and adjunct |
| 20 | | systems, including and that enables users to make and receive |
| 21 | | telephone calls using shared resources, such as telephone |
| 22 | | network trunks or data link bandwidth. The terms "multi-line |
| 23 | | telephone system" and "MLTS" include, but are not limited to: |
| 24 | | network-based and premises-based systems, such as Centrex |
| 25 | | service; premises-based, hosted, and cloud-based VoIP, as well |
| 26 | | as systems; PBX, hybrid, and key telephone systems (as |
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| 1 | | classified by the Federal Communications Commission under 47 |
| 2 | | CFR Part 68, which includes or any successor rules); and |
| 3 | | systems owned or leased by governmental agencies, nonprofit |
| 4 | | entities, and for-profit businesses. "Multi-line telephone |
| 5 | | system" or "MLTS" includes the full range of networked |
| 6 | | communication systems that serve enterprises, including |
| 7 | | IP-based and cloud-based systems. "Multi-line telephone |
| 8 | | system" or "MLTS" also includes outbound-only MLTS that allow |
| 9 | | users to make 9-1-1 calls but do not enable PSAPs to place a |
| 10 | | return call directly to the 9-1-1 caller. |
| 11 | | "Network connections" means the physical and logical links |
| 12 | | that enable communication between different entities or |
| 13 | | devices within a network, including, but not limited to, the |
| 14 | | hardware, software, and protocols that allow data and signals |
| 15 | | to travel between devices, networks, and end-users. "Network |
| 16 | | connections" includes both wired connections, including, but |
| 17 | | not limited to, fiber optic cables and copper lines, and |
| 18 | | wireless connections, including, but not limited to, radio |
| 19 | | frequencies and Wi-Fi. "Network connections" also means the |
| 20 | | means by which end-users access internet services, whether via |
| 21 | | cable, DSL, fiber, satellite, or wireless technology and the |
| 22 | | points at which different telecommunication or internet |
| 23 | | service providers' networks connect to each other. number of |
| 24 | | voice grade communications channels directly between a |
| 25 | | subscriber and a telecommunications carrier's public switched |
| 26 | | network, without the intervention of any other |
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| 1 | | telecommunications carrier's switched network, which would be |
| 2 | | required to carry the subscriber's inter-premises traffic and |
| 3 | | which connection either (1) is capable of providing access |
| 4 | | through the public switched network to a 9-1-1 Emergency |
| 5 | | Telephone System, if one exists, or (2) if no system exists at |
| 6 | | the time a surcharge is imposed under Section 15.3, that would |
| 7 | | be capable of providing access through the public switched |
| 8 | | network to the local 9-1-1 Emergency Telephone System if one |
| 9 | | existed. Where multiple voice grade communications channels |
| 10 | | are connected to a telecommunications carrier's public |
| 11 | | switched network through a private branch exchange (PBX) |
| 12 | | service, there shall be determined to be one network |
| 13 | | connection for each trunk line capable of transporting either |
| 14 | | the subscriber's inter-premises traffic to the public switched |
| 15 | | network or the subscriber's 9-1-1 calls to the public agency. |
| 16 | | Where multiple voice grade communications channels are |
| 17 | | connected to an OSP's public switched network through Centrex |
| 18 | | type service, the number of network connections shall be equal |
| 19 | | to the number of PBX trunk equivalents for the subscriber's |
| 20 | | service or other multiple voice grade communication channels |
| 21 | | facility, as determined by reference to any generally |
| 22 | | applicable exchange access service tariff filed by the |
| 23 | | subscriber's telecommunications carrier with the Commission. |
| 24 | | "Network costs" means those recurring costs that directly |
| 25 | | relate to the operation of the 9-1-1 network as determined by |
| 26 | | the Statewide 9-1-1 Administrator with the advice of the |
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| 1 | | Statewide 9-1-1 Advisory Board, which may include, but need |
| 2 | | not be limited to, some or all of the following: costs for |
| 3 | | interoffice trunks, selective routing charges, transfer lines |
| 4 | | and toll charges for 9-1-1 services, Automatic Location |
| 5 | | Information (ALI) database charges, independent local exchange |
| 6 | | carrier charges and non-system provider charges, carrier |
| 7 | | charges for third party database for on-site customer premises |
| 8 | | equipment, back-up PSAP trunks for non-system providers, |
| 9 | | periodic database updates as provided by carrier (also known |
| 10 | | as "ALI data dump"), regional ALI storage charges, circuits |
| 11 | | for call delivery (fiber or circuit connection), NG9-1-1 |
| 12 | | costs, and all associated fees, taxes, and surcharges on each |
| 13 | | invoice. "Network costs" shall not include radio circuits or |
| 14 | | toll charges that are other than for 9-1-1 services. |
| 15 | | "Next generation 9-1-1" or "NG9-1-1" means a secure |
| 16 | | Internet Protocol-based (IP-based) open-standards system |
| 17 | | comprised of hardware, software, data, and operational |
| 18 | | policies and procedures that: |
| 19 | | (A) provides standardized interfaces from |
| 20 | | emergency call and message services to support |
| 21 | | emergency communications; |
| 22 | | (B) processes all types of emergency calls, |
| 23 | | including voice, text, data, and multimedia |
| 24 | | information; |
| 25 | | (C) acquires and integrates additional emergency |
| 26 | | call data useful to call routing and handling; |
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| 1 | | (D) delivers the emergency calls, messages, and |
| 2 | | data to the appropriate public safety answering point |
| 3 | | and other appropriate emergency entities based on the |
| 4 | | location of the caller; |
| 5 | | (E) supports data, video, and other communications |
| 6 | | needs for coordinated incident response and |
| 7 | | management; and |
| 8 | | (F) interoperates with services and networks used |
| 9 | | by first responders to facilitate emergency response. |
| 10 | | "Next generation 9-1-1 costs" or "NG9-1-1 costs" means |
| 11 | | those recurring costs that directly relate to the next |
| 12 | | generation Next Generation 9-1-1 service as determined by the |
| 13 | | Statewide 9-1-1 Administrator with the advice of the Statewide |
| 14 | | 9-1-1 Advisory Board, which may include, but need not be |
| 15 | | limited to, costs for NENA i3 Core Components (Border Control |
| 16 | | Function (BCF), Emergency Call Routing Function (ECRF), |
| 17 | | Location Validation Function (LVF), Emergency Services Routing |
| 18 | | Proxy (ESRP), Policy Store/Policy Routing Functions (PSPRF), |
| 19 | | and Location Information Servers (LIS)), Statewide ESInet, |
| 20 | | software external to the PSAP (data collection, identity |
| 21 | | management, aggregation, and GIS functionality), and gateways |
| 22 | | (legacy 9-1-1 tandems or gateways or both). |
| 23 | | "Next generation 9-1-1 core services" or "NGCS" means a |
| 24 | | set of services needed to process a 9-1-1 call on an ESInet. |
| 25 | | "Next generation 9-1-1 core services" or "NGCS" includes, but |
| 26 | | is not limited to, the ESRP, ECRF, LVF, BCF, bridge, policy |
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| 1 | | store, logging services, and typical IP services, including |
| 2 | | DNS and DHCP. "Next generation 9-1-1 core services" or "NGCS" |
| 3 | | does not include the network on which the services operate. |
| 4 | | "Originating service provider" or "OSP" means the entity |
| 5 | | that provides services to end users that may be used to |
| 6 | | originate voice or nonvoice 9-1-1 requests for assistance and |
| 7 | | who would interconnect, in any of various fashions, to the |
| 8 | | 9-1-1 system provider for purposes of delivering 9-1-1 traffic |
| 9 | | to the public safety answering points. |
| 10 | | "Primary place of use" or "PPU" means the residential |
| 11 | | street address or the primary business street address where a |
| 12 | | customer primarily uses the mobile telecommunications service. |
| 13 | | "Primary place of use" or "PPU" does not include a post office |
| 14 | | box address. |
| 15 | | "Private branch exchange" or "PBX" means a private |
| 16 | | telephone system and associated equipment located on the |
| 17 | | user's property that provides communications between internal |
| 18 | | stations and external networks. |
| 19 | | "Private business switch service" means network and |
| 20 | | premises based systems including a VoIP, Centrex type service, |
| 21 | | or PBX service, even though key telephone systems or |
| 22 | | equivalent telephone systems registered with the Federal |
| 23 | | Communications Commission under 47 CFR Part 68 are directly |
| 24 | | connected to Centrex type and PBX systems. "Private business |
| 25 | | switch service" does not include key telephone systems or |
| 26 | | equivalent telephone systems registered with the Federal |
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| 1 | | Communications Commission under 47 CFR Part 68 when not used |
| 2 | | in conjunction with a VoIP, Centrex type, or PBX systems. |
| 3 | | "Private business switch service" typically includes, but is |
| 4 | | not limited to, private businesses, corporations, and |
| 5 | | industries where the telecommunications service is primarily |
| 6 | | for conducting business. |
| 7 | | "Private residential switch service" means network and |
| 8 | | premise based systems including a VoIP, Centrex type service, |
| 9 | | or PBX service or key telephone systems or equivalent |
| 10 | | telephone systems registered with the Federal Communications |
| 11 | | Commission under 47 CFR Part 68 that are directly connected to |
| 12 | | a VoIP, Centrex type service, or PBX systems equipped for |
| 13 | | switched local network connections or 9-1-1 system access to |
| 14 | | residential end users through a private telephone switch. |
| 15 | | "Private residential switch service" does not include key |
| 16 | | telephone systems or equivalent telephone systems registered |
| 17 | | with the Federal Communications Commission under 47 CFR Part |
| 18 | | 68 when not used in conjunction with a VoIP, Centrex type, or |
| 19 | | PBX systems. "Private residential switch service" typically |
| 20 | | includes, but is not limited to, apartment complexes, |
| 21 | | condominiums, and campus or university environments where |
| 22 | | shared tenant service is provided and where the usage of the |
| 23 | | telecommunications service is primarily residential. |
| 24 | | "Public agency" means the State, and any unit of local |
| 25 | | government or special purpose district located in whole or in |
| 26 | | part within this State, that provides or has authority to |
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| 1 | | provide firefighting, police, ambulance, medical, or other |
| 2 | | emergency services. |
| 3 | | "Public safety agency" means a functional division of a |
| 4 | | public agency that provides firefighting, police, medical, or |
| 5 | | other emergency services to respond to and manage emergency |
| 6 | | incidents. For the purpose of providing wireless service to |
| 7 | | users of 9-1-1 emergency services, as expressly provided for |
| 8 | | in this Act, the Illinois State Police may be considered a |
| 9 | | public safety agency. |
| 10 | | "Public safety answering point" or "PSAP" means the |
| 11 | | primary answering location of an emergency call that meets the |
| 12 | | appropriate standards of service and is responsible for |
| 13 | | receiving and processing those calls and events according to a |
| 14 | | specified operational policy. |
| 15 | | "PSAP representative" means the manager or supervisor of a |
| 16 | | Public Safety Answering Point (PSAP) who oversees the daily |
| 17 | | operational functions and is responsible for the overall |
| 18 | | management and administration of the PSAP. |
| 19 | | "Public safety telecommunicator" means any person employed |
| 20 | | in a full-time or part-time capacity at an answering point |
| 21 | | whose duties or responsibilities include answering, receiving, |
| 22 | | or transferring an emergency call for dispatch to the |
| 23 | | appropriate emergency responder. |
| 24 | | "Public safety telecommunicator supervisor" means any |
| 25 | | person employed in a full-time or part-time capacity at an |
| 26 | | answering point or by a 9-1-1 Authority, whose primary duties |
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| 1 | | or responsibilities are to direct, administer, or manage any |
| 2 | | public safety telecommunicator and whose responsibilities |
| 3 | | include answering, receiving, or transferring an emergency |
| 4 | | call for dispatch to the appropriate emergency responders. |
| 5 | | "Referral" means a 9-1-1 service in which the public |
| 6 | | safety telecommunicator provides the calling party with the |
| 7 | | telephone number of the appropriate public safety agency or |
| 8 | | other provider of emergency services. |
| 9 | | "Regular service" means any telecommunications service, |
| 10 | | other than advanced service, that is capable of transporting |
| 11 | | either the subscriber's inter-premises voice |
| 12 | | telecommunications services to the public switched network or |
| 13 | | the subscriber's 9-1-1 calls to the public agency. |
| 14 | | "Relay" means a 9-1-1 service in which the public safety |
| 15 | | telecommunicator takes the pertinent information from a caller |
| 16 | | and relays that information to the appropriate public safety |
| 17 | | agency or other provider of emergency services. |
| 18 | | "Remit period" means the billing period, one month in |
| 19 | | duration, for which a wireless carrier remits a surcharge and |
| 20 | | provides subscriber information by zip code to the Illinois |
| 21 | | State Police, in accordance with Section 20 of this Act. |
| 22 | | "Secondary Answering Point" or "SAP" means a location, |
| 23 | | other than a PSAP, that is able to receive the voice, data, and |
| 24 | | call back number of E9-1-1 or NG9-1-1 emergency calls |
| 25 | | transferred from a PSAP and completes the call taking process |
| 26 | | by dispatching police, medical, fire, or other emergency |
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| 1 | | responders. |
| 2 | | "Shared residential MLTS service" means the use of one or |
| 3 | | more MLTS or MLTS services to provide telephone service to |
| 4 | | residential facilities, including, but not limited to, |
| 5 | | single-family dwellings and multi-family dwellings, such as |
| 6 | | apartments, even if the service is not individually billed. |
| 7 | | "Shared telecommunications services" means the provision |
| 8 | | of telecommunications and information management services and |
| 9 | | equipment within a user group located in discrete private |
| 10 | | premises in building complexes, campuses, or high-rise |
| 11 | | buildings by a commercial shared services provider or by a |
| 12 | | user association, through privately owned customer premises |
| 13 | | equipment and associated data processing and information |
| 14 | | management services. The term "shared telecommunications |
| 15 | | services" includes the provisioning of connections to the |
| 16 | | facilities of a local exchange carrier or an interexchange |
| 17 | | carrier. |
| 18 | | "Subscriber" means an individual or entity to whom a |
| 19 | | wireless, wireline, or VoIP service account or number has been |
| 20 | | assigned by a carrier, other than an account or number |
| 21 | | associated with prepaid wireless telecommunication service. |
| 22 | | "Statewide wireless emergency 9-1-1 system" means all |
| 23 | | areas of the State where an emergency telephone system board |
| 24 | | has not declared its intention for one or more of its public |
| 25 | | safety answering points to serve as a primary wireless 9-1-1 |
| 26 | | public safety answering point for its jurisdiction. The |
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| 1 | | operator of the statewide wireless emergency 9-1-1 system |
| 2 | | shall be the Illinois State Police. |
| 3 | | "System" means the communications equipment, and related |
| 4 | | software applications, and databases required to produce a |
| 5 | | response by the appropriate emergency public safety agency or |
| 6 | | other provider of emergency services as a result of an |
| 7 | | emergency call being placed to 9-1-1. |
| 8 | | "System provider" means the contracted entity providing |
| 9 | | 9-1-1 network and database services. |
| 10 | | "Telecommunications carrier" means those entities included |
| 11 | | within the definition specified in Section 13-202 of the |
| 12 | | Public Utilities Act, and includes those carriers acting as |
| 13 | | resellers of telecommunications services. "Telecommunications |
| 14 | | carrier" includes telephone systems operating as mutual |
| 15 | | concerns. "Telecommunications carrier" does not include a |
| 16 | | wireless carrier. |
| 17 | | "Telecommunications technology" means equipment that can |
| 18 | | send and receive written messages over the telephone network. |
| 19 | | "Temporary residence MLTS" means the use of a MLTS or MLTS |
| 20 | | service to provide telephone service to occupants of temporary |
| 21 | | or transient dwellings, including, but not limited to, |
| 22 | | dormitories, hotels, motels, health care facilities, and |
| 23 | | nursing homes, or other similar facilities. |
| 24 | | "Transfer" means a 9-1-1 service in which the public |
| 25 | | safety telecommunicator, who receives an emergency call, |
| 26 | | transmits, redirects, or conferences that call to the |
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| 1 | | appropriate public safety agency or other provider of |
| 2 | | emergency services. "Transfer" includes calls transferred, |
| 3 | | within the statewide NG9-1-1 system and to surrounding states |
| 4 | | NG9-1-1 Systems using a SIP URI. "Transfer" shall not include |
| 5 | | (1) a relay or referral of the information without |
| 6 | | transferring the caller or (2) calls transferred to a 10-digit |
| 7 | | number where a SIP URI is available. |
| 8 | | "Transmitting messages" shall have the meaning given to |
| 9 | | that term under Section 8-11-2 of the Illinois Municipal Code. |
| 10 | | "Trunk line" means a transmission path, or group of |
| 11 | | transmission paths, connecting a subscriber's PBX to a |
| 12 | | telecommunications carrier's public switched network. In the |
| 13 | | case of regular service, each voice grade communications |
| 14 | | channel or equivalent amount of bandwidth capable of |
| 15 | | transporting either the subscriber's inter-premises voice |
| 16 | | telecommunications services to the public switched network or |
| 17 | | the subscriber's 9-1-1 calls to the public agency shall be |
| 18 | | considered a trunk line, even if it is bundled with other |
| 19 | | channels or additional bandwidth. In the case of advanced |
| 20 | | service, each DS-1, T-1, or other un-channelized or |
| 21 | | multi-channel transmission facility that is capable of |
| 22 | | transporting either the subscriber's inter-premises voice |
| 23 | | telecommunications services to the public switched network or |
| 24 | | the subscriber's 9-1-1 calls to the public agency shall be |
| 25 | | considered a single trunk line, even if it contains multiple |
| 26 | | voice grade communications channels or otherwise supports 2 or |
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| 1 | | more voice grade calls at a time; provided, however, that each |
| 2 | | additional increment of up to 24 voice grade channels of |
| 3 | | transmission capacity that is capable of transporting either |
| 4 | | the subscriber's inter-premises voice telecommunications |
| 5 | | services to the public switched network or the subscriber's |
| 6 | | 9-1-1 calls to the public agency shall be considered an |
| 7 | | additional trunk line. |
| 8 | | "Unmanned backup answering point" means an answering point |
| 9 | | that serves as an alternate to the PSAP at an alternate |
| 10 | | location and is typically unmanned but can be activated if the |
| 11 | | primary PSAP is disabled. |
| 12 | | "Virtual answering point" or "VAP" means a temporary or |
| 13 | | nonpermanent location that is capable of receiving an |
| 14 | | emergency call, contains a fully functional worksite that is |
| 15 | | not bound to a specific location, but rather is portable and |
| 16 | | scalable, connecting public safety telecommunicators to the |
| 17 | | work process, and is capable of completing the call |
| 18 | | dispatching process. |
| 19 | | "Voice-grade call" or "VGC" means a telecommunications |
| 20 | | service that allows for the transmission of voice signals with |
| 21 | | sufficient quality for effective communication. |
| 22 | | "Voice-impaired individual" means a person with a |
| 23 | | permanent speech disability which precludes oral |
| 24 | | communication, who can regularly and routinely communicate by |
| 25 | | telephone only through the aid of devices which can send and |
| 26 | | receive written messages over the telephone network. |
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| 1 | | "Wireless" means the delivery of a wireless 9-1-1 call |
| 2 | | with a callback number and identification of the cell tower |
| 3 | | from which the call originated with call routing usually |
| 4 | | determined by the cell sector required by FCC Report and Order |
| 5 | | 96-264 pursuant to Notice of Proposed Rulemaking (NPRM) |
| 6 | | 94-102. The delivery of a wireless 9-1-1 call with Phase I |
| 7 | | requirements plus location of the caller within 125 meters 67% |
| 8 | | of the time and Selective Routing based upon those |
| 9 | | coordinates. Subsequent FCC rulings have redefined the |
| 10 | | accuracy requirements. |
| 11 | | "Wireless carrier" means a provider of two-way cellular, |
| 12 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial |
| 13 | | Mobile Radio Service (CMRS), Wireless Communications Service |
| 14 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as |
| 15 | | defined by the Federal Communications Commission, offering |
| 16 | | radio communications that may provide fixed, mobile, radio |
| 17 | | location, or satellite communication services to individuals |
| 18 | | or businesses within its assigned spectrum block and |
| 19 | | geographical area or that offers real-time, two-way voice |
| 20 | | service that is interconnected with the public switched |
| 21 | | network, including a reseller of such service. |
| 22 | | "Wireless enhanced 9-1-1" means the ability to relay the |
| 23 | | telephone number of the originator of a 9-1-1 call and |
| 24 | | location information from any mobile handset or text telephone |
| 25 | | device accessing the wireless system to the designated |
| 26 | | wireless public safety answering point as set forth in the |
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| 1 | | order of the Federal Communications Commission, FCC Docket No. |
| 2 | | 94-102, adopted June 12, 1996, with an effective date of |
| 3 | | October 1, 1996, and any subsequent amendment thereto. |
| 4 | | "Wireless public safety answering point" means the |
| 5 | | functional division of a 9-1-1 authority accepting wireless |
| 6 | | 9-1-1 calls. |
| 7 | | "Wireless subscriber" means an individual or entity to |
| 8 | | whom a wireless service account or number has been assigned by |
| 9 | | a wireless carrier, other than an account or number associated |
| 10 | | with prepaid wireless telecommunication service. |
| 11 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 12 | | 102-813, eff. 5-13-22; 102-983, eff. 5-27-22; 103-366, eff. |
| 13 | | 1-1-24.) |
| 14 | | (50 ILCS 750/3) (from Ch. 134, par. 33) |
| 15 | | (Section scheduled to be repealed on December 31, 2025) |
| 16 | | Sec. 3. (a) Every By July 1, 2017, every local public |
| 17 | | agency shall be within the jurisdiction of a 9-1-1 system. |
| 18 | | (b) Within 36 months of the awarding of a contract to a |
| 19 | | vendor certified under Section 13-900 of the Public Utilities |
| 20 | | Act to provide next generation Next Generation 9-1-1 service, |
| 21 | | every 9-1-1 system in Illinois, except in a municipality with |
| 22 | | a population over 500,000, shall provide next generation Next |
| 23 | | Generation 9-1-1 service. A municipality with a population |
| 24 | | over 500,000 shall provide next generation Next Generation |
| 25 | | 9-1-1 service and shall establish a network-to-network |
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| 1 | | interface with the State. Each party shall build out and pay |
| 2 | | for the party's portion to interface with the statewide next |
| 3 | | generation 9-1-1 System by January 1, 2027 2026. |
| 4 | | (c) Nothing in this Act shall be construed to prohibit or |
| 5 | | discourage in any way the formation of multijurisdictional or |
| 6 | | regional systems, and any system established pursuant to this |
| 7 | | Act may include the territory of more than one public agency or |
| 8 | | may include a segment of the territory of a public agency. |
| 9 | | (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24; |
| 10 | | 103-563, eff. 11-17-23.) |
| 11 | | (50 ILCS 750/6.2) |
| 12 | | (Section scheduled to be repealed on December 31, 2025) |
| 13 | | Sec. 6.2. Every 9-1-1 system shall be able to accept text |
| 14 | | to 9-1-1 no later than December 31, 2025 July 1, 2024. The |
| 15 | | Illinois State Police shall adopt rules for the implementation |
| 16 | | of this Section. |
| 17 | | (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.) |
| 18 | | (50 ILCS 750/7) (from Ch. 134, par. 37) |
| 19 | | (Section scheduled to be repealed on December 31, 2025) |
| 20 | | Sec. 7. The General Assembly finds that, because of |
| 21 | | overlapping jurisdiction of public agencies, public safety |
| 22 | | agencies, and telephone service areas, the Administrator, with |
| 23 | | the advice and recommendation of the Statewide 9-1-1 Advisory |
| 24 | | Board, shall establish a general overview or plan to |
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| 1 | | effectuate the purposes of this Act within the time frame |
| 2 | | provided in this Act. The General Assembly further finds and |
| 3 | | declares that direct dispatch should be used if possible to |
| 4 | | shorten the time required for the public to request and |
| 5 | | receive emergency aid. The Administrator shall minimize the |
| 6 | | use of transfer, relay, and referral of an emergency call if |
| 7 | | possible and encourage Backup PSAPs to be able to direct |
| 8 | | dispatch. Transfer, relay, and referral of an emergency call |
| 9 | | to an entity other than an answering point or the Illinois |
| 10 | | State Police shall not be used in response to emergency calls |
| 11 | | unless exigent circumstances exist. In order to ensure insure |
| 12 | | that proper preparation and implementation of emergency |
| 13 | | telephone systems are accomplished by all public agencies as |
| 14 | | required under this Act, the Illinois State Police, with the |
| 15 | | advice and assistance of the Attorney General, shall secure |
| 16 | | compliance by public agencies as provided in this Act. |
| 17 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 18 | | 102-813, eff. 5-13-22.) |
| 19 | | (50 ILCS 750/7.1) |
| 20 | | (Section scheduled to be repealed on December 31, 2025) |
| 21 | | Sec. 7.1. Training. |
| 22 | | (a) Each 9-1-1 Authority, as well as its answering points, |
| 23 | | shall ensure its public safety telecommunicators and public |
| 24 | | safety telecommunicator supervisors Supervisors comply with |
| 25 | | the training, testing, and certification requirements |
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| 1 | | established pursuant to Section 2605-53 of the Illinois |
| 2 | | Department of State Police Law. |
| 3 | | (b) Each 9-1-1 Authority, as well as its answering points, |
| 4 | | shall review the training records for maintain a record |
| 5 | | regarding its public safety telecommunicators and public |
| 6 | | safety telecommunicator supervisors Supervisors to ensure that |
| 7 | | they are compliant compliance with this Section for at least 7 |
| 8 | | years and shall make the continuing education training records |
| 9 | | available for inspection by the Administrator upon request. |
| 10 | | (c) (Blank). Costs incurred for the development of |
| 11 | | standards, training, testing and certification shall be |
| 12 | | expenses paid by the Department from the funds available to |
| 13 | | the Administrator and the Statewide 9-1-1 Advisory Board under |
| 14 | | Section 30 of this Act. Nothing in this subsection shall |
| 15 | | prohibit the use of grants or other nonsurcharge funding |
| 16 | | sources available for this purpose. |
| 17 | | (Source: P.A. 102-9, eff. 6-3-21; revised 10-16-24.) |
| 18 | | (50 ILCS 750/10) (from Ch. 134, par. 40) |
| 19 | | (Section scheduled to be repealed on December 31, 2025) |
| 20 | | Sec. 10. (a) The Administrator, with the advice and |
| 21 | | recommendation of the Statewide 9-1-1 Advisory Board, shall |
| 22 | | establish uniform technical and operational standards for all |
| 23 | | 9-1-1 systems in Illinois. All findings, orders, decisions, |
| 24 | | rules, and regulations issued or promulgated by the Commission |
| 25 | | under this Act or any other Act establishing or conferring |
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| 1 | | power on the Commission with respect to emergency |
| 2 | | telecommunications services, shall continue in force. |
| 3 | | Notwithstanding the provisions of this Section, where |
| 4 | | applicable, the Administrator shall, with the advice and |
| 5 | | recommendation of the Statewide 9-1-1 Advisory Board, amend |
| 6 | | the Commission's findings, orders, decisions, rules, and |
| 7 | | regulations to conform to the specific provisions of this Act |
| 8 | | as soon as practicable after the effective date of this |
| 9 | | amendatory Act of the 99th General Assembly. |
| 10 | | (a-5) All 9-1-1 systems are responsible for complying with |
| 11 | | the uniform technical and operational standards adopted by the |
| 12 | | Administrator and the Illinois State Police with the advice |
| 13 | | and recommendation of the Statewide 9-1-1 Advisory Board. |
| 14 | | (b) (Blank). The Illinois State Police may adopt emergency |
| 15 | | rules necessary to implement the provisions of this amendatory |
| 16 | | Act of the 99th General Assembly under subsection (t) of |
| 17 | | Section 5-45 of the Illinois Administrative Procedure Act. |
| 18 | | (b-5) Before January 1, 2016, all local public agencies |
| 19 | | operating a 9-1-1 system shall operate under a plan that has |
| 20 | | been filed with and approved by the Commission or the |
| 21 | | Administrator. Plans filed under this Section shall conform to |
| 22 | | minimum standards established under subsection (a) of Section |
| 23 | | 10. |
| 24 | | (c) Nothing in this Act shall deprive the Commission of |
| 25 | | any authority to regulate the provision by telecommunication |
| 26 | | carriers or 9-1-1 system service providers of |
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| 1 | | telecommunication or other services under the Public Utilities |
| 2 | | Act. |
| 3 | | (d) For rules that implicate both the regulation of 9-1-1 |
| 4 | | authorities under this Act and the regulation of |
| 5 | | telecommunication carriers and 9-1-1 system service providers |
| 6 | | under the Public Utilities Act, the Illinois State Police and |
| 7 | | the Commission may adopt joint rules necessary for |
| 8 | | implementation. |
| 9 | | (e) Any findings, orders, or decisions of the |
| 10 | | Administrator under this Section shall be deemed a final |
| 11 | | administrative decision and shall be subject to judicial |
| 12 | | review under the Administrative Review Law. |
| 13 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 14 | | 102-813, eff. 5-13-22.) |
| 15 | | (50 ILCS 750/10.3) |
| 16 | | (Section scheduled to be repealed on December 31, 2025) |
| 17 | | Sec. 10.3. Notice of address change. The Emergency |
| 18 | | Telephone System Board in any county maintaining implementing |
| 19 | | a 9-1-1 system that changes any person's address (when the |
| 20 | | person whose address has changed has not moved to a new |
| 21 | | residence) shall notify the person (i) of the person's new |
| 22 | | address and (ii) that the person should contact the local |
| 23 | | election authority to determine if the person should |
| 24 | | re-register to vote. |
| 25 | | (Source: P.A. 102-9, eff. 6-3-21.) |
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| 1 | | (50 ILCS 750/11.5) |
| 2 | | (Section scheduled to be repealed on December 31, 2025) |
| 3 | | Sec. 11.5. Aggregator and originating service provider |
| 4 | | responsibilities. |
| 5 | | (a) Each aggregator, and the originating service providers |
| 6 | | whose 9-1-1 calls are being aggregated by the aggregator, |
| 7 | | shall comply with their respective requirements in 83 Ill. |
| 8 | | Adm. Code 725.410. |
| 9 | | (b) Beginning February 1, 2024 and every February 1 |
| 10 | | thereafter, each aggregator that is operating within the State |
| 11 | | shall be notified 30 days in advance that the aggregator must |
| 12 | | submit the following information to the Office of the |
| 13 | | Statewide 9-1-1 Administrator that supports the implementation |
| 14 | | of and the migration and continuing operation of to the |
| 15 | | Statewide NG9-1-1 system to the Office of the Statewide 9-1-1 |
| 16 | | Administrator on a form prescribed and made available by the |
| 17 | | Illinois State Police for this purpose: |
| 18 | | (1) A company 9-1-1 contact, address, email, and phone |
| 19 | | number. |
| 20 | | (2) A list of originating service providers that the |
| 21 | | aggregator transports 9-1-1 calls for and then to the |
| 22 | | appropriate 9-1-1 system provider. New or current |
| 23 | | aggregators must update the required information within 30 |
| 24 | | days of implementing any changes in information required |
| 25 | | by this subsection. |
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| 1 | | Any aggregator that fails to provide the information |
| 2 | | required under this subsection shall be subject to a $100 |
| 3 | | penalty for each month or portion of a month following the due |
| 4 | | date that the information is not provided. |
| 5 | | (c) Each aggregator shall establish procedures for |
| 6 | | receiving No Record Found errors from the 9-1-1 System |
| 7 | | Provider, identifying the originating service provider who |
| 8 | | delivered the call to the aggregator, and referring the No |
| 9 | | Record Found errors to that originating service provider. |
| 10 | | (d) Each originating service provider shall establish |
| 11 | | procedures with the 9-1-1 system provider for preventing and |
| 12 | | resolving No Record Found errors in the 9-1-1 database and |
| 13 | | make every effort to ensure 9-1-1 calls are sent to the |
| 14 | | appropriate public safety answering point. |
| 15 | | (e) If a 9-1-1 system is being transitioned to NG9-1-1 |
| 16 | | service or to a new provider, each aggregator shall be |
| 17 | | responsible for coordinating any modifications that are needed |
| 18 | | to ensure that the originating service provider provides the |
| 19 | | required level of service to its customers. Each aggregator |
| 20 | | shall coordinate those network changes or additions for those |
| 21 | | migrations in a timely manner with the appropriate 9-1-1 |
| 22 | | system provider who shall be managing its respective |
| 23 | | implementation schedule and cut over. Each aggregator shall |
| 24 | | send notice to its originating service provider customers of |
| 25 | | the aggregator's successful turn up of the network changes or |
| 26 | | additions supporting the migration and include the necessary |
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| 1 | | information for the originating service provider's migration |
| 2 | | (such as public safety answering point name, Federal |
| 3 | | Communications Commission Identification, and Emergency |
| 4 | | Services Routing Number). The notice shall be provided to the |
| 5 | | originating service providers within 2 weeks of acceptance |
| 6 | | testing and conversion activities between the aggregator and |
| 7 | | the 9-1-1 system provider. |
| 8 | | (f) The 9-1-1 system provider shall coordinate directly |
| 9 | | with the originating service providers (unless the aggregator |
| 10 | | separately agrees to coordinate with the originating service |
| 11 | | providers) for migration, but in no case shall that migration |
| 12 | | exceed 30 days after receipt of notice from the aggregator, |
| 13 | | unless agreed to by the originating service provider and 9-1-1 |
| 14 | | system provider. |
| 15 | | (g) Each aggregator shall coordinate test calls with the |
| 16 | | 9-1-1 system provider and the 9-1-1 Authority when turning up |
| 17 | | new circuits or making network changes. Each originating |
| 18 | | service provider shall perform testing of its network and |
| 19 | | provisioning upon notification from the aggregator that the |
| 20 | | network has been tested and accepted with the 9-1-1 system |
| 21 | | provider. |
| 22 | | (h) Each aggregator and originating service provider |
| 23 | | customer shall deliver all 9-1-1 calls, audio, data, and |
| 24 | | location to the 9-1-1 system at a location determined by the |
| 25 | | State. |
| 26 | | (Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21; |
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| 1 | | 103-366, eff. 1-1-24.) |
| 2 | | (50 ILCS 750/15.2) (from Ch. 134, par. 45.2) |
| 3 | | (Section scheduled to be repealed on December 31, 2025) |
| 4 | | Sec. 15.2. Any person who knowingly reports or is |
| 5 | | responsible for placing a call or text to the number "9-1-1 |
| 6 | | 911" or causing a transmission, in any manner, to a public |
| 7 | | safety agency or public safety answering point for the purpose |
| 8 | | of making an alarm or complaint and reporting false |
| 9 | | information or the alleged occurrence of a criminal act when, |
| 10 | | at the time the call, text, or transmission is made, the person |
| 11 | | knows there is no reasonable ground for making the call, text, |
| 12 | | or transmission and further knows that the call, text, or |
| 13 | | transmission alleges occurrence of a criminal act while |
| 14 | | knowing the act did not occur and could result in the emergency |
| 15 | | response of any public safety agency, is subject to the |
| 16 | | provisions of Section 26-1 of the Criminal Code of 2012. |
| 17 | | (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.) |
| 18 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3) |
| 19 | | (Section scheduled to be repealed on December 31, 2025) |
| 20 | | Sec. 15.3. Local non-wireless, wireless, and advanced |
| 21 | | service surcharges surcharge. |
| 22 | | (a) The Except as provided in subsection (l) of this |
| 23 | | Section, the corporate authorities of any municipality with a |
| 24 | | population over 500,000 or any county may, subject to the |
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| 1 | | limitations of subsection (a-5) subsections (c), (d), and (h), |
| 2 | | and in addition to any tax levied pursuant to the Simplified |
| 3 | | Municipal Telecommunications Tax Act, impose a monthly |
| 4 | | surcharge on billed subscribers for wireline, wireless and |
| 5 | | VoIP network connections of network connection provided by |
| 6 | | telecommunication carriers engaged in the business of |
| 7 | | transmitting messages by means of electricity originating |
| 8 | | within the corporate limits of the municipality or county |
| 9 | | imposing the surcharge at a rate per network connection |
| 10 | | determined in accordance with subsection (b). However, (c), |
| 11 | | however the monthly surcharge shall not apply to a network |
| 12 | | connection provided for use with pay telephone services, and |
| 13 | | if . Provided, however, that where multiple voice grade |
| 14 | | communications channels are connected between the subscriber's |
| 15 | | premises and a public switched network through private branch |
| 16 | | exchange (PBX) or Centrex centrex type service, a municipality |
| 17 | | imposing a surcharge at a rate per network connection, as |
| 18 | | determined in accordance with this Act, shall impose: |
| 19 | | (1) (i) in a municipality with a population of over |
| 20 | | 500,000 or less or in any county, 5 such surcharges per |
| 21 | | network connection, as of defined under Section 2 of this |
| 22 | | Act, for both regular service and advanced service |
| 23 | | provisioned trunk lines; (ii) in a municipality with a |
| 24 | | population, prior to March 1, 2010, of over 500,000 or |
| 25 | | more, 5 surcharges per network connection, as defined |
| 26 | | under Section 2 of this Act, for both regular service and |
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| 1 | | advanced service provisioned voice paths or trunk lines; |
| 2 | | (iii) in a municipality with a population, as of March 1, |
| 3 | | 2010, of 500,000 or more, 5 surcharges per network |
| 4 | | connection, as defined under Section 2 of this Act, for |
| 5 | | regular service provisioned trunk lines, and 12 surcharges |
| 6 | | per network connection, as defined under Section 2 of this |
| 7 | | Act, for advanced service provisioned voice paths or trunk |
| 8 | | lines, except where an advanced service voice path or |
| 9 | | provisioned trunk line supports at least 2 but fewer than |
| 10 | | 23 simultaneous voice grade calls ("VGC's"), a |
| 11 | | telecommunication carrier may elect to impose fewer than |
| 12 | | 12 surcharges per voice path or trunk line as provided in |
| 13 | | paragraph (2) subsection (iv) of this subsection Section; |
| 14 | | or |
| 15 | | (2) (iv) for an advanced service provisioned voice |
| 16 | | path or trunk line connected between the subscriber's |
| 17 | | premises and the public switched network through a PBX |
| 18 | | P.B.X., where the advanced service provisioned voice path |
| 19 | | or trunk line is capable of transporting at least 2 but |
| 20 | | fewer than 23 simultaneous VGC's per voice path or trunk |
| 21 | | line, the telecommunications carrier collecting the |
| 22 | | surcharge may elect to impose surcharges in accordance |
| 23 | | with the table provided in this Section, without limiting |
| 24 | | any telecommunications carrier's obligations to otherwise |
| 25 | | keep and maintain records. Any telecommunications carrier |
| 26 | | electing to impose fewer than 12 surcharges per an |
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| 1 | | advanced service provisioned voice path or trunk line |
| 2 | | shall keep and maintain records adequately to demonstrate |
| 3 | | the VGC capability of each advanced service provisioned |
| 4 | | trunk line with fewer than 12 surcharges imposed, provided |
| 5 | | that 12 surcharges shall be imposed on an advanced service |
| 6 | | provisioned voice path or trunk line regardless of the VGC |
| 7 | | capability where a telecommunications carrier cannot |
| 8 | | demonstrate the VGC capability of the advanced service |
| 9 | | provisioned voice path or trunk line. |
|
| 10 | | Facility | VGC's | 9-1-1 911 Surcharges | |
| 11 | | Advanced service provisioned voice paths | | 12 | | or trunk lines trunk line | 18-23 | 12 9-1-1 Surcharges | |
| 13 | | Advanced service provisioned voice paths | | 14 | | or trunk lines trunk line | 12-17 | 10 9-1-1 Surcharges | |
| 15 | | Advanced service provisioned voice paths | | 16 | | or trunk lines trunk line | 2-11 | 8 9-1-1 Surcharges |
|
| 17 | | Paragraphs (1) and (2) Subsections (i), (ii), (iii), and |
| 18 | | (iv) are not intended to make any change in the meaning of this |
| 19 | | Section, but are intended to remove possible ambiguity, |
| 20 | | thereby confirming the intent of subsection paragraph (a) as |
| 21 | | it existed prior to and following the effective date of this |
| 22 | | amendatory Act of the 97th General Assembly. |
| 23 | | (a-5) Except as otherwise provided in subsection (a), a |
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| 1 | | municipality with a population over 500,000 may not impose a |
| 2 | | monthly surcharge in excess of $5.00 per network connection. |
| 3 | | On or after January 1, 2029, a municipality with a population |
| 4 | | over 500,000 may not impose a monthly surcharge in excess of |
| 5 | | $2.50 per network connection. |
| 6 | | (a-10) In addition to any other lawful purpose, a |
| 7 | | municipality with a population over 500,000 may use the moneys |
| 8 | | collected under this Section for any anti-terrorism or |
| 9 | | emergency preparedness measures, including, but not limited |
| 10 | | to, preparedness planning, providing local matching funds for |
| 11 | | federal or State grants, personnel training, and specialized |
| 12 | | equipment, including surveillance cameras, as needed to deal |
| 13 | | with natural and terrorist-inspired emergency situations or |
| 14 | | events. |
| 15 | | For mobile telecommunications services, if a surcharge is |
| 16 | | imposed it shall be imposed based upon the municipality or |
| 17 | | county that encompasses the customer's place of primary use as |
| 18 | | defined in the Mobile Telecommunications Sourcing Conformity |
| 19 | | Act. A municipality may enter into an intergovernmental |
| 20 | | agreement with any county in which it is partially located, |
| 21 | | when the county has adopted an ordinance to impose a surcharge |
| 22 | | as provided in subsection (c), to include that portion of the |
| 23 | | municipality lying outside the county in that county's |
| 24 | | surcharge referendum. If the county's surcharge referendum is |
| 25 | | approved, the portion of the municipality identified in the |
| 26 | | intergovernmental agreement shall automatically be |
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| 1 | | disconnected from the county in which it lies and connected to |
| 2 | | the county which approved the referendum for purposes of a |
| 3 | | surcharge on telecommunications carriers. |
| 4 | | (b) For purposes of computing the surcharge imposed by |
| 5 | | subsection (a), the network connections to which the surcharge |
| 6 | | shall apply shall be those in-service network connections, |
| 7 | | other than those network connections assigned to the |
| 8 | | municipality or county, where the service address for each |
| 9 | | such network connection or connections is located within the |
| 10 | | corporate limits of the municipality or county levying the |
| 11 | | surcharge. Except for mobile telecommunication services, the |
| 12 | | "service address" shall mean the location of the primary use |
| 13 | | of the network connection or connections. For mobile |
| 14 | | telecommunication services, "service address" means the |
| 15 | | customer's place of primary use is used for the purposes of |
| 16 | | computing the surcharge as defined in the Mobile |
| 17 | | Telecommunications Sourcing Conformity Act. |
| 18 | | (c) (Blank). Upon the passage of an ordinance to impose a |
| 19 | | surcharge under this Section the clerk of the municipality or |
| 20 | | county shall certify the question of whether the surcharge may |
| 21 | | be imposed to the proper election authority who shall submit |
| 22 | | the public question to the electors of the municipality or |
| 23 | | county in accordance with the general election law; provided |
| 24 | | that such question shall not be submitted at a consolidated |
| 25 | | primary election. The public question shall be in |
| 26 | | substantially the following form: |
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| 1 | | -------------------------------------------------------------
|
| 2 | | Shall the county (or city, village
|
| 3 | | or incorporated town) of ..... impose YES
|
| 4 | | a surcharge of up to ...¢ per month per
|
| 5 | | network connection, which surcharge will
|
| 6 | | be added to the monthly bill you receive ------------------
|
| 7 | | for telephone or telecommunications
|
| 8 | | charges, for the purpose of installing
|
| 9 | | (or improving) a 9-1-1 Emergency NO
|
| 10 | | Telephone System?
|
| 11 | | ------------------------------------------- |
| 12 | | If a majority of the votes cast upon the public question |
| 13 | | are in favor thereof, the surcharge shall be imposed. |
| 14 | | However, if a Joint Emergency Telephone System Board is to |
| 15 | | be created pursuant to an intergovernmental agreement under |
| 16 | | Section 15.4, the ordinance to impose the surcharge shall be |
| 17 | | subject to the approval of a majority of the total number of |
| 18 | | votes cast upon the public question by the electors of all of |
| 19 | | the municipalities or counties, or combination thereof, that |
| 20 | | are parties to the intergovernmental agreement. |
| 21 | | The referendum requirement of this subsection (c) shall |
| 22 | | not apply to any municipality with a population over 500,000 |
| 23 | | or to any county in which a proposition as to whether a |
| 24 | | sophisticated 9-1-1 Emergency Telephone System should be |
| 25 | | installed in the county, at a cost not to exceed a specified |
| 26 | | monthly amount per network connection, has previously been |
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| 1 | | approved by a majority of the electors of the county voting on |
| 2 | | the proposition at an election conducted before the effective |
| 3 | | date of this amendatory Act of 1987. |
| 4 | | (d) (Blank). A county may not impose a surcharge, unless |
| 5 | | requested by a municipality, in any incorporated area which |
| 6 | | has previously approved a surcharge as provided in subsection |
| 7 | | (c) or in any incorporated area where the corporate |
| 8 | | authorities of the municipality have previously entered into a |
| 9 | | binding contract or letter of intent with a telecommunications |
| 10 | | carrier to provide sophisticated 9-1-1 service through |
| 11 | | municipal funds. |
| 12 | | (e) (Blank). A municipality or county may at any time by |
| 13 | | ordinance change the rate of the surcharge imposed under this |
| 14 | | Section if the new rate does not exceed the rate specified in |
| 15 | | the referendum held pursuant to subsection (c). |
| 16 | | (f) The surcharge authorized by this Section shall be |
| 17 | | collected from the subscriber by the telecommunications |
| 18 | | carrier providing the subscriber with the network connection |
| 19 | | as a separately stated item on the subscriber's bill. |
| 20 | | (g) The amount of surcharge collected by the |
| 21 | | telecommunications carrier shall be paid to the particular |
| 22 | | municipality or county or Joint Emergency Telephone System |
| 23 | | Board not later than 30 days after the surcharge is collected, |
| 24 | | net of any network or other 9-1-1 or sophisticated 9-1-1 |
| 25 | | system charges then due to the particular telecommunications |
| 26 | | carrier, as shown on an itemized bill. The telecommunications |
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| 1 | | carrier collecting the surcharge shall also be entitled to |
| 2 | | deduct 3% of the gross amount of surcharge collected to |
| 3 | | reimburse the telecommunications carrier for the expense of |
| 4 | | accounting and collecting the surcharge. |
| 5 | | (h) (Blank). Except as expressly provided in subsection |
| 6 | | (a) of this Section, on or after the effective date of this |
| 7 | | amendatory Act of the 98th General Assembly and until December |
| 8 | | 31, 2017, a municipality with a population of 500,000 or more |
| 9 | | shall not impose a monthly surcharge per network connection in |
| 10 | | excess of the highest monthly surcharge imposed as of January |
| 11 | | 1, 2014 by any county or municipality under subsection (c) of |
| 12 | | this Section. Beginning January 1, 2018 and until December 31, |
| 13 | | 2025, a municipality with a population over 500,000 may not |
| 14 | | impose a monthly surcharge in excess of $5.00 per network |
| 15 | | connection. On or after January 1, 2026, a municipality with a |
| 16 | | population over 500,000 may not impose a monthly surcharge in |
| 17 | | excess of $2.50 per network connection. |
| 18 | | (i) (Blank). Any municipality or county or joint emergency |
| 19 | | telephone system board that has imposed a surcharge pursuant |
| 20 | | to this Section prior to the effective date of this amendatory |
| 21 | | Act of 1990 shall hereafter impose the surcharge in accordance |
| 22 | | with subsection (b) of this Section. |
| 23 | | (j) (Blank). The corporate authorities of any municipality |
| 24 | | or county may issue, in accordance with Illinois law, bonds, |
| 25 | | notes or other obligations secured in whole or in part by the |
| 26 | | proceeds of the surcharge described in this Section. The State |
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| 1 | | of Illinois pledges and agrees that it will not limit or alter |
| 2 | | the rights and powers vested in municipalities and counties by |
| 3 | | this Section to impose the surcharge so as to impair the terms |
| 4 | | of or affect the security for bonds, notes or other |
| 5 | | obligations secured in whole or in part with the proceeds of |
| 6 | | the surcharge described in this Section. The pledge and |
| 7 | | agreement set forth in this Section survive the termination of |
| 8 | | the surcharge under subsection (l) by virtue of the |
| 9 | | replacement of the surcharge monies guaranteed under Section |
| 10 | | 20; the State of Illinois pledges and agrees that it will not |
| 11 | | limit or alter the rights vested in municipalities and |
| 12 | | counties to the surcharge replacement funds guaranteed under |
| 13 | | Section 20 so as to impair the terms of or affect the security |
| 14 | | for bonds, notes or other obligations secured in whole or in |
| 15 | | part with the proceeds of the surcharge described in this |
| 16 | | Section. |
| 17 | | (k) (Blank). Any surcharge collected by or imposed on a |
| 18 | | telecommunications carrier pursuant to this Section shall be |
| 19 | | held to be a special fund in trust for the municipality, county |
| 20 | | or Joint Emergency Telephone Board imposing the surcharge. |
| 21 | | Except for the 3% deduction provided in subsection (g) above, |
| 22 | | the special fund shall not be subject to the claims of |
| 23 | | creditors of the telecommunication carrier. |
| 24 | | (l) (Blank). Any surcharge imposed pursuant to this |
| 25 | | Section by a county or municipality, other than a municipality |
| 26 | | with a population in excess of 500,000, shall cease to be |
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| 1 | | imposed on January 1, 2016. |
| 2 | | (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.) |
| 3 | | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) |
| 4 | | (Section scheduled to be repealed on December 31, 2025) |
| 5 | | Sec. 15.4. Emergency Telephone System Board; powers. |
| 6 | | (a) Except as provided in subsection (e) of this Section, |
| 7 | | the corporate authorities of any county or municipality may |
| 8 | | establish an Emergency Telephone System Board. |
| 9 | | (a-5) The corporate authorities shall provide for the |
| 10 | | manner of appointment and the number of members of the Board, |
| 11 | | provided that the board shall consist of not fewer than 5 |
| 12 | | members, one of whom must be a public member who is a resident |
| 13 | | of the local exchange service territory included in the 9-1-1 |
| 14 | | coverage area, one of whom (in counties with a population less |
| 15 | | than 100,000) may be a member of the county board, and at least |
| 16 | | 3 of whom shall be representative of the 9-1-1 public safety |
| 17 | | agencies, including but not limited to police departments, |
| 18 | | fire departments, emergency medical services providers, and |
| 19 | | emergency services and disaster agencies, and appointed on the |
| 20 | | basis of their ability or experience. In counties with a |
| 21 | | population of more than 100,000 but less than 2,000,000, a |
| 22 | | member of the county board may serve on the Emergency |
| 23 | | Telephone System Board. Elected officials, including county |
| 24 | | sheriffs and members of a county board, are also eligible to |
| 25 | | serve on the board. Members of the board shall serve without |
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| 1 | | compensation but shall be reimbursed for their actual and |
| 2 | | necessary expenses. Any 2 or more municipalities, counties, or |
| 3 | | combination thereof, may, instead of establishing individual |
| 4 | | boards, establish by intergovernmental agreement a Joint |
| 5 | | Emergency Telephone System Board pursuant to this Section. The |
| 6 | | manner of appointment of such a joint board shall be |
| 7 | | prescribed in the agreement. On or after the effective date of |
| 8 | | this amendatory Act of the 100th General Assembly, any new |
| 9 | | intergovernmental agreement entered into to establish or join |
| 10 | | a Joint Emergency Telephone System Board shall provide for the |
| 11 | | appointment of a PSAP representative to the board. |
| 12 | | The corporate authorities of the county or municipality |
| 13 | | shall assign staggered terms to board members. Upon the |
| 14 | | effective date of this amendatory Act of the 98th General |
| 15 | | Assembly, appointed members of the Emergency Telephone System |
| 16 | | Board shall serve staggered 3-year terms if: (1) the Board |
| 17 | | serves a county with a population of 100,000 or less; and (2) |
| 18 | | appointments, on the effective date of this amendatory Act of |
| 19 | | the 98th General Assembly, are not for a stated term. The |
| 20 | | corporate authorities of the county or municipality shall |
| 21 | | assign terms to the board members serving on the effective |
| 22 | | date of this amendatory Act of the 98th General Assembly in the |
| 23 | | following manner: (1) one-third of board members' terms shall |
| 24 | | expire on January 1, 2015; (2) one-third of board members' |
| 25 | | terms shall expire on January 1, 2016; and (3) remaining board |
| 26 | | members' terms shall expire on January 1, 2017. Board members |
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| 1 | | may be re-appointed upon the expiration of their terms by the |
| 2 | | corporate authorities of the county or municipality. |
| 3 | | The corporate authorities of a county or municipality may, |
| 4 | | by a vote of the majority of the members elected, remove an |
| 5 | | Emergency Telephone System Board member for misconduct, |
| 6 | | official misconduct, or neglect of office. |
| 7 | | (b) The powers and duties of the board shall be defined by |
| 8 | | ordinance of the municipality or county, or by |
| 9 | | intergovernmental agreement in the case of a joint board. The |
| 10 | | powers and duties shall include, but need not be limited to the |
| 11 | | following: |
| 12 | | (1) Maintaining a NG9-1-1 Planning a 9-1-1 system. |
| 13 | | (2) Coordinating and supervising the implementation, |
| 14 | | upgrading, or maintenance of the 9-1-1 system, including |
| 15 | | the establishment of equipment specifications and coding |
| 16 | | systems. |
| 17 | | (3) Receiving moneys from the surcharge imposed under |
| 18 | | Section 15.3, or disbursed to it under Section 30, and |
| 19 | | from any other source, for deposit into the Emergency |
| 20 | | Telephone System Fund. |
| 21 | | (4) Authorizing all disbursements from the fund. |
| 22 | | (5) Hiring any staff necessary for the implementation |
| 23 | | or upgrade and maintenance of the system. |
| 24 | | (6) (Blank). |
| 25 | | (7) Designating a 9-1-1 System Manager, whose duties |
| 26 | | and responsibilities shall be set forth by the Emergency |
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| 1 | | Telephone System Board in writing. |
| 2 | | (8) Preparing and maintaining bylaws. |
| 3 | | (c) All moneys received by a board pursuant to a surcharge |
| 4 | | imposed under Section 15.3, or disbursed to it under Section |
| 5 | | 30, shall be deposited into a separate interest-bearing |
| 6 | | Emergency Telephone System Fund account. The treasurer of the |
| 7 | | municipality or county that has established the board or, in |
| 8 | | the case of a joint board, any municipal or county treasurer |
| 9 | | designated in the intergovernmental agreement, shall be |
| 10 | | custodian of the fund. All interest accruing on the fund shall |
| 11 | | remain in the fund. No expenditures may be made from such fund |
| 12 | | except upon the direction of the board by resolution passed by |
| 13 | | a majority of all members of the board. |
| 14 | | (d) The board shall complete and maintain a next |
| 15 | | generation Next Generation 9-1-1 GIS database in accordance |
| 16 | | with NENA Standards before implementation of the NG9-1-1 |
| 17 | | system. The MSAG and GIS data standardization standardizing |
| 18 | | and synchronization must reach a 98% or greater match rate, |
| 19 | | with an option of matching with ALI, before using GIS data for |
| 20 | | NG9-1-1. |
| 21 | | (e) On and after January 1, 2016, no municipality or |
| 22 | | county may create an Emergency Telephone System Board unless |
| 23 | | the board is a Joint Emergency Telephone System Board. The |
| 24 | | corporate authorities of any county or municipality entering |
| 25 | | into an intergovernmental agreement to create or join a Joint |
| 26 | | Emergency Telephone System Board shall rescind an ordinance or |
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| 1 | | ordinances creating a single Emergency Telephone System Board |
| 2 | | and shall eliminate the single Emergency Telephone System |
| 3 | | Board, effective upon the creation of the Joint Emergency |
| 4 | | Telephone System Board, with regulatory approval by the |
| 5 | | Administrator, or joining of the Joint Emergency Telephone |
| 6 | | System Board. Nothing in this Section shall be construed to |
| 7 | | require the dissolution of an Emergency Telephone System Board |
| 8 | | that is not succeeded by a Joint Emergency Telephone System |
| 9 | | Board or is not required to consolidate under Section 15.4a of |
| 10 | | this Act. |
| 11 | | (f) (Blank). Within one year after the effective date of |
| 12 | | this amendatory Act of the 100th General Assembly, any |
| 13 | | corporate authorities of a county or municipality, other than |
| 14 | | a municipality with a population of more than 500,000, |
| 15 | | operating a 9-1-1 system without an Emergency Telephone System |
| 16 | | Board or Joint Emergency Telephone System Board shall create |
| 17 | | or join a Joint Emergency Telephone System Board. |
| 18 | | (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24; |
| 19 | | 103-693, eff. 1-1-25.) |
| 20 | | (50 ILCS 750/15.4a) |
| 21 | | (Section scheduled to be repealed on December 31, 2025) |
| 22 | | Sec. 15.4a. Consolidation. |
| 23 | | (a) By July 1, 2017, and except as otherwise provided in |
| 24 | | this Section, Emergency Telephone System Boards, Joint |
| 25 | | Emergency Telephone System Boards, and PSAPs shall be |
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| 1 | | consolidated as follows, subject to subsections (b) and (c) of |
| 2 | | this Section: |
| 3 | | (1) In any county with a population of at least |
| 4 | | 250,000 that has a single Emergency Telephone System Board |
| 5 | | and more than 2 PSAPs, the 9-1-1 Authority shall reduce |
| 6 | | the number of PSAPs by at least 50% or to 2 PSAPs, |
| 7 | | whichever is greater. Nothing in this paragraph shall |
| 8 | | preclude consolidation resulting in one PSAP in the |
| 9 | | county. |
| 10 | | (2) In any county with a population of at least |
| 11 | | 250,000 that has more than one Emergency Telephone System |
| 12 | | Board or Joint Emergency Telephone System Board, any 9-1-1 |
| 13 | | Authority serving a population of less than 25,000 shall |
| 14 | | be consolidated such that no 9-1-1 Authority in the county |
| 15 | | serves a population of less than 25,000. |
| 16 | | (3) In any county with a population of at least |
| 17 | | 250,000 but less than 1,000,000 that has more than one |
| 18 | | Emergency Telephone System Board or Joint Emergency |
| 19 | | Telephone System Board, each 9-1-1 Authority shall reduce |
| 20 | | the number of PSAPs by at least 50% or to 2 PSAPs, |
| 21 | | whichever is greater. Nothing in this paragraph shall |
| 22 | | preclude consolidation of a 9-1-1 Authority into a Joint |
| 23 | | Emergency Telephone System Board, and nothing in this |
| 24 | | paragraph shall preclude consolidation resulting in one |
| 25 | | PSAP in the county. |
| 26 | | (4) In any county with a population of less than |
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| 1 | | 250,000 that has a single Emergency Telephone System Board |
| 2 | | and more than 2 PSAPs, the 9-1-1 Authority shall reduce |
| 3 | | the number of PSAPs by at least 50% or to 2 PSAPs, |
| 4 | | whichever is greater. Nothing in this paragraph shall |
| 5 | | preclude consolidation resulting in one PSAP in the |
| 6 | | county. |
| 7 | | (5) (Blank). In any county with a population of less |
| 8 | | than 250,000 that has more than one Emergency Telephone |
| 9 | | System Board or Joint Emergency Telephone System Board and |
| 10 | | more than 2 PSAPS, the 9-1-1 Authorities shall be |
| 11 | | consolidated into a single joint board, and the number of |
| 12 | | PSAPs shall be reduced by at least 50% or to 2 PSAPs, |
| 13 | | whichever is greater. Nothing in this paragraph shall |
| 14 | | preclude consolidation resulting in one PSAP in the |
| 15 | | county. |
| 16 | | (6) (Blank). Any 9-1-1 Authority that does not have a |
| 17 | | PSAP within its jurisdiction shall be consolidated through |
| 18 | | an intergovernmental agreement with an existing 9-1-1 |
| 19 | | Authority that has a PSAP to create a Joint Emergency |
| 20 | | Telephone Board. |
| 21 | | (7) (Blank). The corporate authorities of each county |
| 22 | | that has no 9-1-1 service as of January 1, 2016 shall |
| 23 | | provide 9-1-1 wireline and wireless 9-1-1 service for that |
| 24 | | county by either (i) entering into an intergovernmental |
| 25 | | agreement with an existing Emergency Telephone System |
| 26 | | Board to create a new Joint Emergency Telephone System |
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| 1 | | Board, or (ii) entering into an intergovernmental |
| 2 | | agreement with the corporate authorities that have created |
| 3 | | an existing Joint Emergency Telephone System Board. |
| 4 | | (b) By July 1, 2016, each county required to consolidate |
| 5 | | pursuant to paragraph (7) of subsection (a) of this Section |
| 6 | | and each 9-1-1 Authority required to consolidate pursuant to |
| 7 | | paragraphs (1) through (6) of subsection (a) of this Section |
| 8 | | shall file a plan for consolidation or a request for a waiver |
| 9 | | pursuant to subsection (c) of this Section with the Office of |
| 10 | | the Statewide 9-1-1 Administrator. |
| 11 | | (1) No county or 9-1-1 Authority may avoid the |
| 12 | | requirements of this Section by converting primary PSAPs |
| 13 | | to secondary or virtual answering points; however, a PSAP |
| 14 | | may be decommissioned. Staff from decommissioned PSAPs may |
| 15 | | remain to perform nonemergency police, fire, or EMS |
| 16 | | responsibilities. Any county or 9-1-1 Authority not in |
| 17 | | compliance with this Section shall be ineligible to |
| 18 | | receive consolidation grant funds issued under Section |
| 19 | | 15.4b of this Act or monthly disbursements otherwise due |
| 20 | | under Section 30 of this Act, until the county or 9-1-1 |
| 21 | | Authority is in compliance. |
| 22 | | (2) Within 60 calendar days of receiving a |
| 23 | | consolidation plan or waiver, the Statewide 9-1-1 Advisory |
| 24 | | Board shall hold at least one public hearing on the plan |
| 25 | | and provide a recommendation to the Administrator. Notice |
| 26 | | of the hearing shall be provided to the respective entity |
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| 1 | | to which the plan applies. If there are no contested |
| 2 | | issues in the filing, then no public hearing shall be |
| 3 | | warranted. |
| 4 | | (3) Within 90 calendar days of receiving a |
| 5 | | consolidation plan, the Administrator shall approve the |
| 6 | | plan or waiver, approve the plan as modified, or grant a |
| 7 | | waiver pursuant to subsection (c) of this Section. In |
| 8 | | making his or her decision, the Administrator shall |
| 9 | | consider any recommendation from the Statewide 9-1-1 |
| 10 | | Advisory Board regarding the plan. If the Administrator |
| 11 | | does not follow the recommendation of the Board, the |
| 12 | | Administrator shall provide a written explanation for the |
| 13 | | deviation in his or her decision. |
| 14 | | (4) The deadlines provided in this subsection may be |
| 15 | | extended upon agreement between the Administrator and |
| 16 | | entity which submitted the plan. |
| 17 | | (c) A waiver from a consolidation required under |
| 18 | | subsection (a) of this Section may be granted if the |
| 19 | | Administrator finds that the consolidation will result in a |
| 20 | | substantial threat to public safety, is economically |
| 21 | | unreasonable, or is technically infeasible. |
| 22 | | (d) Any decision of the Administrator under this Section |
| 23 | | shall be deemed a final administrative decision and shall be |
| 24 | | subject to judicial review under the Administrative Review |
| 25 | | Law. |
| 26 | | (Source: P.A. 102-9, eff. 6-3-21; 103-154, eff. 6-30-23.) |
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| 1 | | (50 ILCS 750/15.4b) |
| 2 | | (Section scheduled to be repealed on December 31, 2025) |
| 3 | | Sec. 15.4b. Consolidation grants. |
| 4 | | (a) The Administrator, with the advice and recommendation |
| 5 | | of the Statewide 9-1-1 Advisory Board, shall administer a |
| 6 | | 9-1-1 System Consolidation Grant Program to defray costs |
| 7 | | associated with 9-1-1 system consolidation of systems outside |
| 8 | | of a municipality with a population in excess of 500,000. The |
| 9 | | awarded grants will be used to offset non-recurring costs |
| 10 | | associated with the consolidation of 9-1-1 systems and shall |
| 11 | | not be used for ongoing operating costs associated with the |
| 12 | | consolidated system. The Illinois State Police, in |
| 13 | | consultation with the Administrator and the Statewide 9-1-1 |
| 14 | | Advisory Board, shall adopt rules defining the grant process |
| 15 | | and criteria for issuing the grants. The grants should be |
| 16 | | awarded based on criteria that include, but are not limited |
| 17 | | to: |
| 18 | | (1) reducing the number of transfers of a 9-1-1 call; |
| 19 | | (2) reducing the infrastructure required to adequately |
| 20 | | provide 9-1-1 network services; |
| 21 | | (3) promoting cost savings from resource sharing among |
| 22 | | 9-1-1 systems; |
| 23 | | (4) facilitating interoperability and resiliency for |
| 24 | | the receipt of 9-1-1 calls; |
| 25 | | (5) reducing the number of 9-1-1 systems or reducing |
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| 1 | | the number of PSAPs within a 9-1-1 system; |
| 2 | | (6) cost saving resulting from 9-1-1 system |
| 3 | | consolidation; and |
| 4 | | (7) expanding NG9-1-1 service coverage as a result of |
| 5 | | 9-1-1 system consolidation. |
| 6 | | Priority shall be given to first-time grant applicants |
| 7 | | first to counties not providing 9-1-1 service as of January 1, |
| 8 | | 2016, and next to other entities consolidating as required |
| 9 | | under Section 15.4a of this Act. |
| 10 | | (b) The 9-1-1 System Consolidation Grant application, as |
| 11 | | defined by Illinois State Police rules, shall be submitted |
| 12 | | electronically using the State's grant management system by |
| 13 | | February 1, 2024 and every February 1 thereafter. The |
| 14 | | application shall include a modified 9-1-1 system plan as |
| 15 | | required by this Act in support of the consolidation plan. The |
| 16 | | Administrator shall have until June 30, 2016 and every June 30 |
| 17 | | thereafter to approve 9-1-1 System Consolidation grants and |
| 18 | | modified 9-1-1 system plans. Payment requests for under the |
| 19 | | approved 9-1-1 System Consolidation grant applications grants |
| 20 | | shall be contingent upon an Order for an Application for 9-1-1 |
| 21 | | Consolidation Plan the final approval of a modified 9-1-1 |
| 22 | | system plan. |
| 23 | | (c) (Blank). |
| 24 | | (d) The 9-1-1 systems that receive grants under this |
| 25 | | Section shall provide a report detailing grant fund usage to |
| 26 | | the Administrator pursuant to Section 40 of this Act. |
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| 1 | | (Source: P.A. 102-538, eff. 8-20-21; 103-366, eff. 1-1-24.) |
| 2 | | (50 ILCS 750/15.6b) |
| 3 | | (Section scheduled to be repealed on December 31, 2025) |
| 4 | | Sec. 15.6b. Next generation Generation 9-1-1 service. |
| 5 | | The Illinois State Police shall maintain a statewide next |
| 6 | | generation 9-1-1 network. (a) The Administrator, with the |
| 7 | | advice and recommendation of the Statewide 9-1-1 Advisory |
| 8 | | Board, shall develop and implement a plan for a statewide Next |
| 9 | | Generation 9-1-1 network. The next generation Next Generation |
| 10 | | 9-1-1 network must be an Internet protocol-based platform that |
| 11 | | at a minimum provides: |
| 12 | | (1) improved 9-1-1 call delivery; |
| 13 | | (2) enhanced interoperability; |
| 14 | | (3) increased ease of communication between 9-1-1 |
| 15 | | service providers, allowing immediate transfer of 9-1-1 |
| 16 | | calls, caller information, photos, and other data |
| 17 | | statewide; |
| 18 | | (4) a hosted solution with redundancy built in; and |
| 19 | | (5) compliance with the most current NENA Standards. |
| 20 | | (b) By July 1, 2016, the Administrator, with the advice |
| 21 | | and recommendation of the Statewide 9-1-1 Advisory Board, |
| 22 | | shall design and issue a competitive request for a proposal to |
| 23 | | secure the services of a consultant to complete a feasibility |
| 24 | | study on the implementation of a statewide Next Generation |
| 25 | | 9-1-1 network in Illinois. By July 1, 2017, the consultant |
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| 1 | | shall complete the feasibility study and make recommendations |
| 2 | | as to the appropriate procurement approach for developing a |
| 3 | | statewide Next Generation 9-1-1 network. |
| 4 | | (c) Within 12 months of the final report from the |
| 5 | | consultant under subsection (b) of this Section, the Illinois |
| 6 | | State Police shall procure and finalize a contract with a |
| 7 | | vendor certified under Section 13-900 of the Public Utilities |
| 8 | | Act to establish a statewide Next Generation 9-1-1 network. |
| 9 | | The Illinois State Police, in consultation with and subject to |
| 10 | | the approval of the Chief Procurement Officer, may procure a |
| 11 | | single contract or multiple contracts to implement the |
| 12 | | provisions of this Section. A contract or contracts under this |
| 13 | | subsection are not subject to the provisions of the Illinois |
| 14 | | Procurement Code, except for Sections 20-60, 20-65, 20-70, and |
| 15 | | 20-160 and Article 50 of that Code, provided that the Chief |
| 16 | | Procurement Officer may, in writing with justification, waive |
| 17 | | any certification required under Article 50 of the Illinois |
| 18 | | Procurement Code. This exemption is inoperative 2 years from |
| 19 | | June 3, 2021 (the effective date of Public Act 102-9). Within |
| 20 | | 18 months of securing the contract, the vendor shall implement |
| 21 | | a Next Generation 9-1-1 network that allows 9-1-1 systems |
| 22 | | providing 9-1-1 service to Illinois residents to access the |
| 23 | | system utilizing their current infrastructure if it meets the |
| 24 | | standards adopted by the Illinois State Police. |
| 25 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; |
| 26 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
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| 1 | | (50 ILCS 750/15.9 new) |
| 2 | | Sec. 15.9. Configuration of Multi-line telephone systems. |
| 3 | | (a) An entity engaged in the business of installing, |
| 4 | | managing, or operating multi-line telephone systems in the |
| 5 | | State shall comply with applicable federal laws, including, |
| 6 | | but not limited to, 47 CFR 9.15 through 9.17 and Section 506 |
| 7 | | RAY BAUM'S Act of 2018. The requirements apply to any |
| 8 | | multi-line telephone system that is manufactured, imported, |
| 9 | | offered for sale or lease, or first sold, leased, or installed |
| 10 | | after February 16, 2020. All multi-line telephone systems are |
| 11 | | required to dial 9-1-1 directly. |
| 12 | | (b) Alternative location information may be |
| 13 | | coordinate-based, and it must be sufficient to identify the |
| 14 | | caller's civic address and approximate in-building location, |
| 15 | | including floor level, in large buildings. |
| 16 | | (50 ILCS 750/17.5) |
| 17 | | (Section scheduled to be repealed on December 31, 2025) |
| 18 | | Sec. 17.5. Statewide 9-1-1 Call Directory. |
| 19 | | (a) The General Assembly finds the following: |
| 20 | | (1) Some 9-1-1 systems throughout this State do not |
| 21 | | have a procedure in place to manually transfer 9-1-1 calls |
| 22 | | originating within one 9-1-1 system's jurisdiction, but |
| 23 | | which should properly be answered and dispatched by |
| 24 | | another 9-1-1 system, to the appropriate 9-1-1 system for |
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| 1 | | answering and dispatching dispatch of first responders. |
| 2 | | (2) On January 1, 2016, the General Assembly gave |
| 3 | | oversight authority of 9-1-1 systems to the Illinois State |
| 4 | | Police. |
| 5 | | (3) Since that date, the Illinois State Police has |
| 6 | | authorized individual 9-1-1 systems in counties and |
| 7 | | municipalities to implement and upgrade 9-1-1 systems |
| 8 | | throughout the State. |
| 9 | | (b) The Illinois State Police shall prepare a directory of |
| 10 | | all authorized 9-1-1 systems in the State. The directory shall |
| 11 | | include an emergency 24/7 10-digit telephone number for all |
| 12 | | primary public safety answering points located in each 9-1-1 |
| 13 | | system to which 9-1-1 calls from another jurisdiction can be |
| 14 | | transferred. This directory shall be made available to each |
| 15 | | 9-1-1 authority for its use in establishing standard operating |
| 16 | | procedures regarding calls outside its 9-1-1 jurisdiction. |
| 17 | | (c) Each 9-1-1 system shall provide the Illinois State |
| 18 | | Police with the following information: |
| 19 | | (1) The name of the PSAP, a list of every |
| 20 | | participating agency, and the county the PSAP is in, |
| 21 | | including college and university public safety entities. |
| 22 | | (2) The 24/7 10-digit emergency telephone number for |
| 23 | | the dispatch agency to which 9-1-1 calls originating in |
| 24 | | another 9-1-1 jurisdiction can be transferred to exchange |
| 25 | | information. The emergency telephone number must be a |
| 26 | | direct line that is not answered by an automated system |
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| 1 | | but rather is answered by a person. Each 9-1-1 system |
| 2 | | shall provide the Illinois State Police with any changes |
| 3 | | to the participating agencies and this number immediately |
| 4 | | upon the change occurring. Each 9-1-1 system shall provide |
| 5 | | the PSAP information and the 24/7 10-digit emergency |
| 6 | | telephone number within 30 days of June 3, 2021 (the |
| 7 | | effective date of Public Act 102-9). |
| 8 | | (3) The standard operating procedure describing the |
| 9 | | manner in which the 9-1-1 system will transfer 9-1-1 calls |
| 10 | | originating within its jurisdiction, but which should |
| 11 | | properly be answered and dispatched by another 9-1-1 |
| 12 | | system, to the appropriate 9-1-1 system. Each 9-1-1 system |
| 13 | | shall provide the standard operating procedures to the |
| 14 | | Manager of the Illinois State Police's 9-1-1 Program |
| 15 | | within 180 days after July 1, 2017 (the effective date of |
| 16 | | Public Act 100-20). |
| 17 | | (d) Unless exigent circumstances dictate otherwise, each |
| 18 | | 9-1-1 system's public safety telecommunicators shall be |
| 19 | | responsible for remaining on the line with the caller when a |
| 20 | | 9-1-1 call originates within its jurisdiction to ensure the |
| 21 | | 9-1-1 call is transferred to the appropriate authorized entity |
| 22 | | for answer and dispatch until a public safety telecommunicator |
| 23 | | is on the line and confirms jurisdiction for the call. |
| 24 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 25 | | 102-813, eff. 5-13-22.) |
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| 1 | | (50 ILCS 750/19) |
| 2 | | (Section scheduled to be repealed on December 31, 2025) |
| 3 | | Sec. 19. Statewide 9-1-1 Advisory Board. |
| 4 | | (a) Beginning July 1, 2015, there is created the Statewide |
| 5 | | 9-1-1 Advisory Board within the Illinois State Police. The |
| 6 | | Board shall consist of the following voting members: |
| 7 | | (1) The Director of the Illinois State Police, or his |
| 8 | | or her designee, who shall serve as chairman. |
| 9 | | (2) The Executive Director of the Commission, or his |
| 10 | | or her designee. |
| 11 | | (3) Members appointed by the Governor as follows: |
| 12 | | (A) one member representing the Illinois chapter |
| 13 | | of the National Emergency Number Association, or his |
| 14 | | or her designee; |
| 15 | | (B) one member representing the Illinois chapter |
| 16 | | of the Association of Public-Safety Communications |
| 17 | | Officials, or his or her designee; |
| 18 | | (C) one member representing a county 9-1-1 system |
| 19 | | from a county with a population of less than 37,000; |
| 20 | | (C-5) one member representing a county 9-1-1 |
| 21 | | system from a county with a population between 37,000 |
| 22 | | and 100,000; |
| 23 | | (D) one member representing a county 9-1-1 system |
| 24 | | from a county with a population between 100,001 and |
| 25 | | 250,000; |
| 26 | | (E) one member representing a county 9-1-1 system |
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| 1 | | from a county with a population of more than 250,000; |
| 2 | | (F) one member representing a municipal or |
| 3 | | intergovernmental cooperative 9-1-1 system, excluding |
| 4 | | any single municipality with a population over |
| 5 | | 500,000; |
| 6 | | (G) one member representing the Illinois |
| 7 | | Association of Chiefs of Police; |
| 8 | | (H) one member representing the Illinois Sheriffs' |
| 9 | | Association; and |
| 10 | | (I) one member representing the Illinois Fire |
| 11 | | Chiefs Association. |
| 12 | | The Governor shall appoint the following non-voting |
| 13 | | members: (i) one member representing an incumbent local |
| 14 | | exchange 9-1-1 system provider; (ii) one member representing a |
| 15 | | non-incumbent local exchange 9-1-1 system provider; (iii) one |
| 16 | | member representing a large wireless carrier; (iv) one member |
| 17 | | representing an incumbent local exchange carrier; (v) one |
| 18 | | member representing the Illinois Broadband and |
| 19 | | Telecommunications Association; (vi) one member representing |
| 20 | | the Illinois Broadband and Cable Association; and (vii) one |
| 21 | | member representing the Illinois State Ambulance Association. |
| 22 | | The Speaker of the House of Representatives, the Minority |
| 23 | | Leader of the House of Representatives, the President of the |
| 24 | | Senate, and the Minority Leader of the Senate may each appoint |
| 25 | | a member of the General Assembly to temporarily serve as a |
| 26 | | non-voting member of the Board during the 12 months prior to |
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| 1 | | the repeal date of this Act to discuss legislative initiatives |
| 2 | | of the Board. |
| 3 | | (b) The Governor shall make initial appointments to the |
| 4 | | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the |
| 5 | | voting members appointed by the Governor shall serve an |
| 6 | | initial term of 2 years, and the remaining voting members |
| 7 | | appointed by the Governor shall serve an initial term of 3 |
| 8 | | years. Thereafter, each appointment by the Governor shall be |
| 9 | | for a term of 3 years and until their respective successors are |
| 10 | | appointed. Non-voting members shall serve for a term of 3 |
| 11 | | years. Vacancies shall be filled in the same manner as the |
| 12 | | original appointment. Persons appointed to fill a vacancy |
| 13 | | shall serve for the balance of the unexpired term. |
| 14 | | Members of the Statewide 9-1-1 Advisory Board shall serve |
| 15 | | without compensation. |
| 16 | | (c) The 9-1-1 Services Advisory Board, as constituted on |
| 17 | | June 1, 2015, without the legislative members, shall serve in |
| 18 | | the role of the Statewide 9-1-1 Advisory Board until all |
| 19 | | appointments of voting members have been made by the Governor |
| 20 | | under subsection (a) of this Section. |
| 21 | | (d) The Statewide 9-1-1 Advisory Board shall: |
| 22 | | (1) advise the Illinois State Police and the Statewide |
| 23 | | 9-1-1 Administrator on the oversight of 9-1-1 systems and |
| 24 | | the development and implementation of a uniform statewide |
| 25 | | 9-1-1 system; |
| 26 | | (2) make recommendations to the Governor and the |
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| 1 | | General Assembly regarding improvements to 9-1-1 services |
| 2 | | throughout the State; and |
| 3 | | (3) exercise all other powers and duties provided in |
| 4 | | this Act. |
| 5 | | (e) The Statewide 9-1-1 Advisory Board shall submit to the |
| 6 | | General Assembly a report, by April March 1 of each year, that |
| 7 | | provides providing an update on the state of transition to a |
| 8 | | statewide 9-1-1, 9-1-1 statistics, system and recommendations |
| 9 | | for recommending any legislative actions action. |
| 10 | | (f) The Illinois State Police shall provide administrative |
| 11 | | support to the Statewide 9-1-1 Advisory Board. |
| 12 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 13 | | 102-813, eff. 5-13-22; 103-564, eff. 11-17-23.) |
| 14 | | (50 ILCS 750/20) |
| 15 | | (Section scheduled to be repealed on December 31, 2025) |
| 16 | | Sec. 20. Statewide surcharge. |
| 17 | | (a) On and after January 1, 2016, and except with respect |
| 18 | | to those customers who are subject to surcharges as provided |
| 19 | | in Section Sections 15.3 and 15.3a of this Act, a monthly |
| 20 | | surcharge shall be imposed on all customers of |
| 21 | | telecommunications carriers and wireless carriers as follows: |
| 22 | | (1) Each telecommunications carrier shall impose a |
| 23 | | monthly surcharge per network connection; provided, |
| 24 | | however, the monthly surcharge shall not apply to a |
| 25 | | network connection provided for use with pay telephone |
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| 1 | | services. Where multiple voice grade communications |
| 2 | | channels are connected between the subscriber's premises |
| 3 | | and a public switched network through private branch |
| 4 | | exchange (PBX), Centrex type service, or other multiple |
| 5 | | voice grade communication channels facility, there shall |
| 6 | | be imposed 5 such surcharges per network connection for |
| 7 | | both regular service and advanced service provisioned |
| 8 | | trunk lines. Until December 31, 2017, the surcharge shall |
| 9 | | be $0.87 per network connection and on and after January |
| 10 | | 1, 2018, the surcharge shall be $1.50 per network |
| 11 | | connection. |
| 12 | | (1.5) For an advanced service, the surcharge is based |
| 13 | | on the number of concurrent voice paths. As used in this |
| 14 | | paragraph, "concurrent voice paths or trunk lines" means |
| 15 | | the largest number of calls that can dial to 9-1-1 from a |
| 16 | | single location. The telecommunications carrier collecting |
| 17 | | the surcharge shall impose surcharges in accordance with |
| 18 | | the table provided in this Section, without limiting any |
| 19 | | telecommunications carrier's obligations to otherwise keep |
| 20 | | and maintain records. Any telecommunications carrier |
| 21 | | electing to impose fewer than 5 surcharges per advanced |
| 22 | | service provisioned path or shall keep and maintain |
| 23 | | records adequately to demonstrate the VGC capability of |
| 24 | | each advanced service provisioned path or with fewer than |
| 25 | | 5 surcharges imposed, provided that 20 surcharges shall be |
| 26 | | imposed on an advanced service provisioned voice paths or |
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| 1 | | trunk lines regardless of the VGC capability where a |
| 2 | | telecommunications carrier cannot demonstrate the VGC |
| 3 | | capability of the advanced service provisioned voice paths |
| 4 | | or trunk lines. The VGC 9-1-1 surcharges shall be assessed |
| 5 | | as follows: |
| 6 | | (A) for up to 10 VGC voice paths or trunk lines, no |
| 7 | | more than 5 surcharges; |
| 8 | | (B) for up to 50 VGC voice paths or trunk lines, no |
| 9 | | more than 20 surcharges; and |
| 10 | | (C) for over 50 VGC voice patch or trunk lines, no |
| 11 | | more than 20% of the lines that have surcharges. |
| 12 | | (2) (Blank). Each wireless carrier shall impose and |
| 13 | | collect a monthly surcharge per CMRS connection that |
| 14 | | either has a telephone number within an area code assigned |
| 15 | | to Illinois by the North American Numbering Plan |
| 16 | | Administrator or has a billing address in this State. |
| 17 | | Until December 31, 2017, the surcharge shall be $0.87 per |
| 18 | | connection and on and after January 1, 2018, the surcharge |
| 19 | | shall be $1.50 per connection. |
| 20 | | (a-5) For purposes of computing the surcharge imposed by |
| 21 | | this Section, the network connections to which the surcharge |
| 22 | | shall apply shall be those in-service network connections, |
| 23 | | other than those network connections assigned to the |
| 24 | | municipality or county, where the service address for each |
| 25 | | network connection is located within the corporate limits of |
| 26 | | the State levying the surcharge. Except for mobile |
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| 1 | | telecommunication services, the "service address" shall mean |
| 2 | | the location of the primary use of the network connection or |
| 3 | | connections. For mobile telecommunication services, "service |
| 4 | | address" means the customer's place of primary use as defined |
| 5 | | in the Mobile Telecommunications Sourcing Conformity Act. |
| 6 | | (b) (Blank). State and local taxes shall not apply to the |
| 7 | | surcharges imposed under this Section. |
| 8 | | (b-5) The surcharges imposed by this Section shall be |
| 9 | | stated as separate items on subscriber bills. |
| 10 | | (b-10) The telecommunications carrier collecting the |
| 11 | | surcharge may deduct and retain 1.74% of the gross amount of |
| 12 | | surcharge collected in order to reimburse the |
| 13 | | telecommunications carrier for the expense of accounting and |
| 14 | | collecting the surcharge. |
| 15 | | (c) The surcharges authorized imposed by this Section |
| 16 | | shall be collected from the subscriber by the |
| 17 | | telecommunications carrier providing the subscriber with the |
| 18 | | network connection as stated as a separately stated item on |
| 19 | | the subscriber's bill subscriber bills. |
| 20 | | (d) The amount of the surcharge collected by the |
| 21 | | telecommunications carrier shall be paid to the State not |
| 22 | | later than 30 days after the surcharge is collected, net of any |
| 23 | | network or other 9-1-1 or sophisticated 9-1-1 system charges |
| 24 | | then due the particular telecommunications carrier, as shown |
| 25 | | on an itemized bill. The telecommunications carrier collecting |
| 26 | | the surcharge shall also be entitled to may deduct and retain |
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| 1 | | 1.74% of the gross amount of the surcharge collected in order |
| 2 | | to reimburse the telecommunications carrier for the expense of |
| 3 | | accounting and collecting the surcharge. |
| 4 | | Each wireless carrier shall impose and collect a monthly |
| 5 | | surcharge per CMRS connection that has a telephone number with |
| 6 | | a primary place of use within this State. After January 1, |
| 7 | | 2018, the surcharge shall be $1.50 per connection. |
| 8 | | On and after July 1, 2022, the wireless carrier |
| 9 | | collecting a surcharge under this Section may deduct and |
| 10 | | retain 1.74% of the gross amount of the surcharge collected to |
| 11 | | reimburse the wireless carrier for the expense of accounting |
| 12 | | and collecting the surcharge. |
| 13 | | (d-5) (Blank). Notwithstanding the provisions of |
| 14 | | subsection (d) of this Section, an amount not greater than |
| 15 | | 2.5% may be deducted and retained if the telecommunications or |
| 16 | | wireless carrier can support, through documentation, expenses |
| 17 | | that exceed the 1.74% allowed. The documentation shall be |
| 18 | | submitted to the Illinois State Police and input obtained from |
| 19 | | the Statewide 9-1-1 Advisory Board prior to approval of the |
| 20 | | deduction. |
| 21 | | (e) Surcharges imposed under this Section shall be |
| 22 | | collected by the carriers and shall be remitted to the |
| 23 | | Illinois State Police by the payment method set by the |
| 24 | | Illinois State Treasurer's Office. All payments less than |
| 25 | | $100,000 must be made electronically per the instructions |
| 26 | | given by the Illinois State Treasurer's Office and the |
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| 1 | | Illinois State Police. Surcharge payments are due , either by |
| 2 | | check or electronic funds transfer, by the end of the next |
| 3 | | calendar month after the calendar month in which they were it |
| 4 | | was collected for deposit into the Statewide 9-1-1 Fund. |
| 5 | | Carriers are not required to remit surcharges surcharge that |
| 6 | | are billed to subscribers but not yet collected. Monthly |
| 7 | | remittances by wireless carriers shall include the number of |
| 8 | | subscribers by 5-digit zip code. A carrier that fails to |
| 9 | | provide the zip code information required under this |
| 10 | | subsection (e) shall be subject to the penalty set forth in |
| 11 | | subsection (g) of this Section moneys that are billed to |
| 12 | | subscribers but not yet collected. |
| 13 | | (e-5) The first remittance by wireless carriers shall |
| 14 | | include the number of subscribers by zip code, and the 5-digit |
| 15 | | 9-digit zip code and if currently being used or later |
| 16 | | implemented by the carrier, that shall be the means by which |
| 17 | | the Illinois State Police determines shall determine |
| 18 | | distributions from the Statewide 9-1-1 Fund. This information |
| 19 | | shall be updated monthly based on the subscriber's PPU and |
| 20 | | should not be a post office box at least once each year. Any |
| 21 | | carrier that fails to provide the zip code information |
| 22 | | required under this subsection (e) shall be subject to the |
| 23 | | penalty set forth in subsection (g) of this Section. |
| 24 | | (f) If, within 8 calendar days after it is due under |
| 25 | | subsection (e) of this Section, a carrier does not remit the |
| 26 | | surcharge or any portion thereof required under this Section, |
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| 1 | | then the surcharge or portion thereof shall be deemed |
| 2 | | delinquent until paid in full, and the Illinois State Police |
| 3 | | may impose a penalty against the carrier in an amount equal to |
| 4 | | the greater of: |
| 5 | | (1) $25 for each month or portion of a month from the |
| 6 | | time an amount becomes delinquent until the amount is paid |
| 7 | | in full; or |
| 8 | | (2) an amount equal to the product of 1% and the sum of |
| 9 | | all delinquent amounts for each month or portion of a |
| 10 | | month that the delinquent amounts remain unpaid. |
| 11 | | A penalty imposed in accordance with this subsection (f) |
| 12 | | for a portion of a month during which the carrier pays the |
| 13 | | delinquent amount in full shall be prorated for each day of |
| 14 | | that month that the delinquent amount was paid in full. Any |
| 15 | | penalty imposed under this subsection (f) is in addition to |
| 16 | | the amount of the delinquency and is in addition to any other |
| 17 | | penalty imposed under this Section. |
| 18 | | (g) If, within 8 calendar days after it is due, a wireless |
| 19 | | carrier does not provide the number of subscribers by zip code |
| 20 | | as required under subsection (e) of this Section, then the |
| 21 | | report is deemed delinquent and the Illinois State Police may |
| 22 | | impose a penalty against the carrier in an amount equal to the |
| 23 | | greater of: |
| 24 | | (1) $25 for each month or portion of a month that the |
| 25 | | report is delinquent; or |
| 26 | | (2) an amount equal to the product of $0.01 and the |
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| 1 | | number of subscribers served by the carrier for each month |
| 2 | | or portion of a month that the delinquent report is not |
| 3 | | provided. |
| 4 | | A penalty imposed in accordance with this subsection (g) |
| 5 | | for a portion of a month during which the carrier provides the |
| 6 | | number of subscribers by zip code as required under subsection |
| 7 | | (e) of this Section shall be prorated for each day of that |
| 8 | | month during which the carrier had not provided the number of |
| 9 | | subscribers by zip code as required under subsection (e) of |
| 10 | | this Section. Any penalty imposed under this subsection (g) is |
| 11 | | in addition to any other penalty imposed under this Section. |
| 12 | | (h) A penalty imposed and collected in accordance with |
| 13 | | subsection (f) or (g) of this Section shall be deposited into |
| 14 | | the Statewide 9-1-1 Fund for distribution according to Section |
| 15 | | 30 of this Act. |
| 16 | | (i) The Illinois State Police may enforce the collection |
| 17 | | of any delinquent amount and any penalty due and unpaid under |
| 18 | | this Section by legal action or in any other manner by which |
| 19 | | the collection of debts due the State of Illinois may be |
| 20 | | enforced under the laws of this State. The Illinois State |
| 21 | | Police may excuse the payment of any penalty imposed under |
| 22 | | this Section if the Administrator determines that the |
| 23 | | enforcement of this penalty is unjust. |
| 24 | | (j) Notwithstanding any provision of law to the contrary, |
| 25 | | nothing shall impair the right of wireless carriers to recover |
| 26 | | unreimbursed compliance costs for all emergency communications |
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| 1 | | services directly from their wireless subscribers by line-item |
| 2 | | charges on the wireless subscriber's bill. Those compliance |
| 3 | | costs include all costs incurred by wireless carriers in |
| 4 | | complying with local, State, and federal regulatory or |
| 5 | | legislative mandates that require the transmission and receipt |
| 6 | | of emergency communications to and from the general public, |
| 7 | | including, but not limited to, NG9-1-1 E9-1-1. |
| 8 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 9 | | 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.) |
| 10 | | (50 ILCS 750/30) |
| 11 | | (Section scheduled to be repealed on December 31, 2025) |
| 12 | | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. |
| 13 | | (a) Moneys deposited into the Statewide 9-1-1 Fund may be |
| 14 | | used only for purposes or functions set forth in Section 35. |
| 15 | | The direct distribution of funds from the Statewide 9-1-1 Fund |
| 16 | | to a municipality is prohibited. The moneys deposited into the |
| 17 | | Statewide 9-1-1 Fund under this Section shall not be subject |
| 18 | | to administrative charges or chargebacks unless otherwise |
| 19 | | authorized by this Act. A special fund in the State treasury |
| 20 | | known as the Wireless Service Emergency Fund shall be renamed |
| 21 | | the Statewide 9-1-1 Fund. Any appropriations made from the |
| 22 | | Wireless Service Emergency Fund shall be payable from the |
| 23 | | Statewide 9-1-1 Fund. The Statewide 9-1-1 Fund shall consist |
| 24 | | of the following: |
| 25 | | (1) (Blank). |
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| 1 | | (2) 9-1-1 surcharges assessed under Section 20 of this |
| 2 | | Act. |
| 3 | | (3) Prepaid wireless 9-1-1 surcharges assessed under |
| 4 | | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. |
| 5 | | (4) Any appropriations, grants, or gifts made to the |
| 6 | | Fund. |
| 7 | | (5) Any income from interest, premiums, gains, or |
| 8 | | other earnings on moneys in the Fund. |
| 9 | | (6) Money from any other source that is deposited in |
| 10 | | or transferred to the Fund. |
| 11 | | (b) Subject to appropriation and availability of funds, |
| 12 | | the Illinois State Police shall distribute the 9-1-1 |
| 13 | | surcharges monthly as follows: |
| 14 | | (1) From each surcharge collected and remitted under |
| 15 | | Section 20 of this Act: |
| 16 | | (A) $0.013 shall be distributed monthly in equal |
| 17 | | amounts to each County Emergency Telephone System |
| 18 | | Board in counties with a population under 100,000, |
| 19 | | including counties that are members of a joint ETSB |
| 20 | | and counties that are not members of a joint ETSB, |
| 21 | | according to the most recent census data which is |
| 22 | | authorized to serve as a primary wireless 9-1-1 public |
| 23 | | safety answering point for the county and to provide |
| 24 | | wireless 9-1-1 service as prescribed by subsection (b) |
| 25 | | of Section 15.6a of this Act, and which does provide |
| 26 | | such service. |
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| 1 | | (B) (Blank). |
| 2 | | (C) Until December 31, 2017, $0.007 and on and |
| 3 | | after January 1, 2018, $0.017 shall be used to cover |
| 4 | | the Illinois State Police's administrative costs. |
| 5 | | (D) (Blank). Beginning January 1, 2018, until June |
| 6 | | 30, 2020, $0.12, and on and after July 1, 2020, $0.04 |
| 7 | | shall be used to make monthly disbursements to the |
| 8 | | appropriate 9-1-1 Authority currently taking wireless |
| 9 | | 9-1-1 based upon the United States Postal Zip Code of |
| 10 | | the billing addresses of subscribers wireless |
| 11 | | carriers. |
| 12 | | (E) Until June 30, 2028 2025, $0.05 shall be used |
| 13 | | by the Illinois State Police for grants for NG9-1-1 |
| 14 | | expenses, with priority given to 9-1-1 Authorities |
| 15 | | that provide 9-1-1 service within the territory of a |
| 16 | | Large Electing Provider as defined in Section 13-406.1 |
| 17 | | of the Public Utilities Act. Grant project priorities |
| 18 | | shall be determined by the Administrator with the |
| 19 | | advice of the Statewide 9-1-1 Advisory Board. NG9-1-1 |
| 20 | | grant funds not obligated to an award to for an NG9-1-1 |
| 21 | | grant expense shall be distributed to the 9-1-1 |
| 22 | | authorities in accordance with subparagraph (E) of |
| 23 | | paragraph (2) on an annual basis at the of the State |
| 24 | | fiscal year. |
| 25 | | (F) On and after July 1, 2020, $0.13 shall be used |
| 26 | | for the implementation, maintenance, and upgrades to |
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| 1 | | of and continuing expenses for the Statewide NG9-1-1 |
| 2 | | system. |
| 3 | | (1.5) Beginning on the effective date of this |
| 4 | | amendatory Act of the 103rd General Assembly, to assist |
| 5 | | with the implementation of the statewide next generation |
| 6 | | Next Generation 9-1-1 network, the Illinois State Police's |
| 7 | | administrative costs include the one-time capital cost of |
| 8 | | upgrading the Illinois State Police's call-handling |
| 9 | | equipment to meet the standards necessary to access and |
| 10 | | increase interoperability with the statewide next |
| 11 | | generation Next Generation 9-1-1 network. |
| 12 | | (A) Upon completion of the Illinois State Police's |
| 13 | | call-handling equipment upgrades, but no later than |
| 14 | | June 30, 2024, surplus moneys in excess of $1,000,000 |
| 15 | | from subparagraph (C) of paragraph (1) not utilized by |
| 16 | | the Illinois State Police for administrative costs |
| 17 | | shall be distributed to the 9-1-1 Authorities in |
| 18 | | accordance with subparagraph (E) of paragraph (2) on |
| 19 | | an annual basis at the end of the State fiscal year. |
| 20 | | Any remaining surplus money may also be distributed |
| 21 | | consistent with this paragraph (1.5) at the discretion |
| 22 | | of the Illinois State Police. |
| 23 | | (B) Upon implementation of the Statewide NG9-1-1 |
| 24 | | system, but no later than June 30, 2024, surplus |
| 25 | | moneys in excess of $5,000,000 from subparagraph (F) |
| 26 | | of paragraph (1) not utilized by the Illinois State |
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| 1 | | Police for the maintenance implementation of and |
| 2 | | upgrades to continuing expenses for the Statewide |
| 3 | | NG9-1-1 system shall be distributed to the 9-1-1 |
| 4 | | Authorities in accordance with subparagraph (E) of |
| 5 | | subsection (2) on an annual basis at the end of the |
| 6 | | State fiscal year. Any remaining surplus money may |
| 7 | | also be distributed consistent with this paragraph |
| 8 | | (1.5) at the discretion of the Illinois State Police. |
| 9 | | (2) After disbursements under paragraph (1) of this |
| 10 | | subsection (b), all remaining funds in the Statewide 9-1-1 |
| 11 | | Fund shall be disbursed in the following priority order: |
| 12 | | (A) The Fund shall pay monthly to: |
| 13 | | (i) the 9-1-1 Authorities that imposed surcharges |
| 14 | | under Section 20 15.3 of this Act and were required to |
| 15 | | report to the Illinois Commerce Commission under |
| 16 | | Section 27 of the Wireless Emergency Telephone Safety |
| 17 | | Act on October 1, 2014, except a 9-1-1 Authority in a |
| 18 | | municipality with a population in excess of 500,000, |
| 19 | | an amount equal to the average monthly wireline and |
| 20 | | VoIP surcharge revenue attributable to the most recent |
| 21 | | 12-month period reported to the Illinois State Police |
| 22 | | under that Section for the October 1, 2014 filing, |
| 23 | | subject to the power of the Illinois State Police to |
| 24 | | investigate the amount reported and adjust the number |
| 25 | | by order under Article X of the Public Utilities Act, |
| 26 | | so that the monthly amount paid under this item |
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| 1 | | accurately reflects one-twelfth of the aggregate |
| 2 | | wireline and VoIP surcharge revenue properly |
| 3 | | attributable to the most recent 12-month period |
| 4 | | reported to the Commission; or |
| 5 | | (ii) county qualified governmental entities |
| 6 | | that did not impose a surcharge under Section 15.3 |
| 7 | | as of December 31, 2015, and counties that did not |
| 8 | | impose a surcharge as of June 30, 2015, an amount |
| 9 | | equivalent to their population multiplied by .37 |
| 10 | | multiplied by the rate of $0.69; counties that are |
| 11 | | not county qualified governmental entities and |
| 12 | | that did not impose a surcharge as of December 31, |
| 13 | | 2015, shall not begin to receive the payment |
| 14 | | provided for in this subsection until NG9-1-1 |
| 15 | | E9-1-1 and wireless E9-1-1 services are provided |
| 16 | | within their counties; or |
| 17 | | (iii) counties without 9-1-1 service that had |
| 18 | | a surcharge in place by December 31, 2015, an |
| 19 | | amount equivalent to their population multiplied |
| 20 | | by .37 multiplied by their surcharge rate as |
| 21 | | established by the referendum. |
| 22 | | (B) All 9-1-1 network costs for systems outside of |
| 23 | | municipalities with a population of less than of at |
| 24 | | least 500,000 shall be paid by the Illinois State |
| 25 | | Police Statewide 9-1-1 Bureau directly to the vendors. |
| 26 | | (C) All expenses incurred by the Administrator and |
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| 1 | | the Statewide 9-1-1 Advisory Board and costs |
| 2 | | associated with procurement under Section 15.6b |
| 3 | | including requests for information and requests for |
| 4 | | proposals. |
| 5 | | (D) Funds may be held in reserve by the Statewide |
| 6 | | 9-1-1 Advisory Board and disbursed by the Illinois |
| 7 | | State Police for grants under Section 15.4b of this |
| 8 | | Act and for NG9-1-1 expenses up to $12.5 million per |
| 9 | | year in State fiscal years 2016 and 2017; up to $20 |
| 10 | | million in State fiscal year 2018; up to $20.9 million |
| 11 | | in State fiscal year 2019; up to $15.3 million in State |
| 12 | | fiscal year 2020; up to $16.2 million in State fiscal |
| 13 | | year 2021; up to $23.1 million in State fiscal year |
| 14 | | 2022; and up to $17.0 million per year for State fiscal |
| 15 | | year 2023 and each year thereafter. The amount held in |
| 16 | | reserve in State fiscal years 2021, 2022, and 2023 |
| 17 | | shall not be less than $6.5 million. Disbursements |
| 18 | | under this subparagraph (D) shall be prioritized as |
| 19 | | follows: (i) consolidation grants prioritized under |
| 20 | | subsection (a) of Section 15.4b of this Act; (ii) |
| 21 | | NG9-1-1 expenses; and (iii) consolidation grants under |
| 22 | | Section 15.4b of this Act for consolidation expenses |
| 23 | | incurred between January 1, 2010, and January 1, 2016. |
| 24 | | (E) All remaining funds per remit month shall be |
| 25 | | used to make monthly disbursements to the appropriate |
| 26 | | 9-1-1 Authority currently taking wireless 9-1-1 based |
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| 1 | | upon the United States Postal Zip Code of the primary |
| 2 | | place billing addresses of use for subscribers of |
| 3 | | wireless carriers. |
| 4 | | (c) (Blank). The moneys deposited into the Statewide 9-1-1 |
| 5 | | Fund under this Section shall not be subject to administrative |
| 6 | | charges or chargebacks unless otherwise authorized by this |
| 7 | | Act. |
| 8 | | (d) Whenever two or more 9-1-1 Authorities consolidate, |
| 9 | | the resulting Joint Emergency Telephone System Board shall be |
| 10 | | entitled to the monthly payments that had theretofore been |
| 11 | | made to each consolidating 9-1-1 Authority. Any reserves held |
| 12 | | by any consolidating 9-1-1 Authority shall be transferred to |
| 13 | | the resulting Joint Emergency Telephone System Board. The |
| 14 | | Illinois State Police shall make a single payment for each |
| 15 | | 9-1-1 Authority for each of the disbursements required under |
| 16 | | this Section consistent with the provisions of this Act. If a |
| 17 | | 9-1-1 Authority fails to meet the requirements of this Act for |
| 18 | | next generation 9-1-1 (i3) and text to 9-1-1 due dates, or does |
| 19 | | not submit the required NG9-1-1 GIS data to support geospatial |
| 20 | | routing of 9-1-1 calls in accordance with the published update |
| 21 | | schedule, then 5% of the 9-1-1 Authority monthly surcharge |
| 22 | | distribution will be held provided that notice is given each |
| 23 | | month until the 9-1-1 Authority achieves compliance. After 3 |
| 24 | | months, a surcharge that has been held shall be forfeited one |
| 25 | | month at a time until full compliance is achieved, and the |
| 26 | | 9-1-1 Authority shall not be eligible for future surcharge |
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| 1 | | distributions or other State funding until all conditions are |
| 2 | | met. A 9-1-1 Authority may request a waiver if the 9-1-1 |
| 3 | | Authority has exhausted all avenues to meet the requirements |
| 4 | | of this Act. The forfeited funds shall be redistributed to |
| 5 | | 9-1-1 Authorities in accordance with subparagraph (E) of |
| 6 | | paragraph (2) of Section 30 on an annual basis at the end of |
| 7 | | the State's fiscal year. Whenever a county that has no 9-1-1 |
| 8 | | service as of January 1, 2016 enters into an agreement to |
| 9 | | consolidate to create or join a Joint Emergency Telephone |
| 10 | | System Board, the Joint Emergency Telephone System Board shall |
| 11 | | be entitled to the monthly payments that would have otherwise |
| 12 | | been paid to the county if it had provided 9-1-1 service. |
| 13 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 14 | | 102-813, eff. 5-13-22; 103-366, eff. 1-1-24; 103-564, eff. |
| 15 | | 11-17-23.) |
| 16 | | (50 ILCS 750/35) |
| 17 | | (Section scheduled to be repealed on December 31, 2025) |
| 18 | | Sec. 35. 9-1-1 surcharge; acceptable allowable |
| 19 | | expenditures. |
| 20 | | (a) Except as otherwise provided in this Act, expenditures |
| 21 | | from surcharge revenues received under this Act shall be made |
| 22 | | consistent with 47 CFR 9.23, which include the following: |
| 23 | | (1) support and implementation of 9-1-1 services |
| 24 | | provided by or in the State or taxing jurisdiction |
| 25 | | imposing the fee or charge; and |
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| 1 | | (2) operational expenses of public safety answering |
| 2 | | points within the State. Examples of acceptable allowable |
| 3 | | expenditures include, but are not limited to: |
| 4 | | (A) PSAP operating costs, including lease, |
| 5 | | purchase, maintenance, replacement, and upgrade of |
| 6 | | customer premises equipment (hardware and software), |
| 7 | | CAD equipment (hardware and software), and the PSAP |
| 8 | | building and facility and including NG9-1-1, |
| 9 | | cybersecurity, pre-arrival instructions, and emergency |
| 10 | | notification systems. PSAP operating costs include |
| 11 | | technological innovation that supports 9-1-1; |
| 12 | | (B) PSAP personnel costs, including |
| 13 | | telecommunicators' salaries and training; |
| 14 | | (C) PSAP administration, including costs for |
| 15 | | administration of 9-1-1 services and travel expenses |
| 16 | | associated with the provision of 9-1-1 services; |
| 17 | | (D) integrating public safety and first responder |
| 18 | | dispatch and 9-1-1 systems, including lease, purchase, |
| 19 | | maintenance, and upgrade of CAD equipment (hardware |
| 20 | | and software) to support integrated 9-1-1 and public |
| 21 | | safety dispatch operations; |
| 22 | | (E) providing the interoperability of 9-1-1 |
| 23 | | systems with one another and with public safety and |
| 24 | | first responder radio systems; and |
| 25 | | (F) costs for the initial acquisition and |
| 26 | | installation of road or street signs that are |
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| 1 | | essential to the implementation of the Emergency |
| 2 | | Telephone System and that are not duplicative of signs |
| 3 | | that are the responsibility of the jurisdiction |
| 4 | | charged with maintaining road and street signs, as |
| 5 | | well as costs incurred to reimburse governmental |
| 6 | | bodies for the acquisition and installation of those |
| 7 | | signs, except that expenditures may not be used for |
| 8 | | ongoing expenses associated with sign maintenance and |
| 9 | | replacement. |
| 10 | | (3) (Blank). |
| 11 | | (4) (Blank). |
| 12 | | (5) (Blank). |
| 13 | | (6) (Blank). |
| 14 | | (7) (Blank). |
| 15 | | (8) (Blank). |
| 16 | | (9) (Blank). |
| 17 | | (10) (Blank). |
| 18 | | (b) The obligation or expenditure of surcharge revenues |
| 19 | | received under this Act for a purpose or function inconsistent |
| 20 | | with 47 CFR 9.23 and this Section shall constitute diversion, |
| 21 | | which undermines the purpose of this Act by depriving the |
| 22 | | 9-1-1 system of the funds it needs to function effectively and |
| 23 | | to modernize 9-1-1 operations. Examples of diversion include, |
| 24 | | but are not limited to: |
| 25 | | (1) transfer of 9-1-1 fees into a State or other |
| 26 | | jurisdiction's general fund or other fund for non-9-1-1 |
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| 1 | | purposes; |
| 2 | | (2) use of surcharge revenues for equipment or |
| 3 | | infrastructure for constructing or expanding |
| 4 | | non-public-safety communications networks (e.g., |
| 5 | | commercial cellular networks); and |
| 6 | | (3) use of surcharge revenues for equipment or |
| 7 | | infrastructure for law enforcement, firefighters, and |
| 8 | | other public safety or first responder entities that do |
| 9 | | does not directly support providing 9-1-1 services. |
| 10 | | (c) In the case of a municipality with a population over |
| 11 | | 500,000, moneys may also be used for any anti-terrorism or |
| 12 | | emergency preparedness measures, including, but not limited |
| 13 | | to, preparedness planning, providing local matching funds for |
| 14 | | federal or State grants, personnel training, and specialized |
| 15 | | equipment, including surveillance cameras, as needed to deal |
| 16 | | with natural and terrorist-inspired emergency situations or |
| 17 | | events. |
| 18 | | (Source: P.A. 103-366, eff. 1-1-24; 103-564, eff. 11-17-23.) |
| 19 | | (50 ILCS 750/40) |
| 20 | | (Section scheduled to be repealed on December 31, 2025) |
| 21 | | Sec. 40. Financial reports. |
| 22 | | (a) The Illinois State Police shall create uniform |
| 23 | | accounting procedures for the making of reports under this Act |
| 24 | | , with such modification as may be required to give effect to |
| 25 | | statutory provisions applicable only to municipalities with a |
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| 1 | | population in excess of 500,000, that any emergency telephone |
| 2 | | system board receiving surcharge money pursuant to Section |
| 3 | | 15.3, 15.3a, or 30 of this Act must follow. |
| 4 | | (b) By January 31, 2018, and every January 31 thereafter, |
| 5 | | each emergency telephone system board receiving surcharge |
| 6 | | money pursuant to Section 15.3, 15.3a, or 30 shall report to |
| 7 | | the Illinois State Police audited financial statements showing |
| 8 | | total revenue and expenditures for the period beginning with |
| 9 | | the end of the period covered by the last submitted report |
| 10 | | through the end of the previous calendar year in a form and |
| 11 | | manner as prescribed by the Illinois State Police. Such |
| 12 | | financial information shall include: |
| 13 | | (1) a detailed summary of revenue from all sources |
| 14 | | including, but not limited to, local, State, federal, and |
| 15 | | private revenues, and any other funds received and shall |
| 16 | | be based on the audited financials from the audit of |
| 17 | | outside firms, including the audit of the ETSB's surcharge |
| 18 | | fund; |
| 19 | | (2) all expenditures made during the reporting period |
| 20 | | from distributions under this Act; |
| 21 | | (3) call data and statistics, when available, from the |
| 22 | | reporting period, as specified by the Illinois State |
| 23 | | Police and collected in accordance with any reporting |
| 24 | | method established or required by the Illinois State |
| 25 | | Police; |
| 26 | | (4) all costs associated with dispatching appropriate |
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| 1 | | public safety agencies to respond to 9-1-1 calls received |
| 2 | | by the PSAP; and |
| 3 | | (5) all funding sources and amounts of funding used |
| 4 | | for costs described in paragraph (4) of this subsection |
| 5 | | (b). |
| 6 | | The ETSB emergency telephone system board is responsible |
| 7 | | for any costs associated with auditing such financial |
| 8 | | statements. The Illinois State Police may request copies of |
| 9 | | the audited financial statements for those statements that |
| 10 | | include the ETSB's surcharge fund. The Illinois State Police |
| 11 | | shall post annual financial reports on the Illinois State |
| 12 | | Police's website. |
| 13 | | (c) Along with its annual financial report audited |
| 14 | | financial statement, each emergency telephone system board |
| 15 | | receiving a grant under Section 15.4b or Section 30 of this Act |
| 16 | | shall include a report on of the amount of grant moneys |
| 17 | | received and how the grant moneys were used. In case of a |
| 18 | | conflict between this requirement and the Grant Accountability |
| 19 | | and Transparency Act, or with the rules of the Governor's |
| 20 | | Office of Management and Budget adopted thereunder, that Act |
| 21 | | and those rules shall control. |
| 22 | | (d) If an emergency telephone system board that receives |
| 23 | | funds from the Statewide 9-1-1 Fund fails to file the 9-1-1 |
| 24 | | system financial reports as required under this Section, the |
| 25 | | Illinois State Police shall suspend and withhold monthly |
| 26 | | disbursements otherwise due to the emergency telephone system |
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| 1 | | board under Section 30 of this Act until the report is filed. |
| 2 | | Any monthly disbursements that have been withheld for 12 |
| 3 | | months or more shall be forfeited by the emergency telephone |
| 4 | | system board and shall be distributed proportionally by the |
| 5 | | Illinois State Police to compliant emergency telephone system |
| 6 | | boards that receive funds from the Statewide 9-1-1 Fund. |
| 7 | | Any emergency telephone system board not in compliance |
| 8 | | with this Section shall be ineligible to receive any |
| 9 | | consolidation grant or NG9-1-1 expenses infrastructure grant |
| 10 | | issued under this Act. |
| 11 | | (e) The Illinois State Police may adopt emergency rules |
| 12 | | necessary to implement the provisions of this Section. |
| 13 | | (f) Any findings or decisions of the Illinois State Police |
| 14 | | under this Section shall be deemed a final administrative |
| 15 | | decision and shall be subject to judicial review under the |
| 16 | | Administrative Review Law. |
| 17 | | (g) Beginning October 1, 2017, the Illinois State Police |
| 18 | | shall provide a quarterly report to the Statewide 9-1-1 |
| 19 | | Advisory Board of its expenditures from the Statewide 9-1-1 |
| 20 | | Fund for the prior fiscal quarter. |
| 21 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 22 | | 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.) |
| 23 | | (50 ILCS 750/80) |
| 24 | | (Section scheduled to be repealed on December 31, 2025) |
| 25 | | Sec. 80. Continuation of Act; validation. |
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| 1 | | (a) The General Assembly finds and declares that this |
| 2 | | amendatory Act of the 100th General Assembly manifests the |
| 3 | | intention of the General Assembly to extend the repeal of this |
| 4 | | Act and have this Act continue in effect until December 31, |
| 5 | | 2020. |
| 6 | | (b) This Section shall be deemed to have been in |
| 7 | | continuous effect since July 1, 2017, and it shall continue to |
| 8 | | be in effect henceforward until it is otherwise lawfully |
| 9 | | repealed. All previously enacted amendments to this Act taking |
| 10 | | effect on or after July 1, 2017, are hereby validated. All |
| 11 | | actions taken in reliance on or under this Act by the Illinois |
| 12 | | State Police or any other person or entity are hereby |
| 13 | | validated. |
| 14 | | (c) In order to ensure the continuing effectiveness of |
| 15 | | this Act, it is set forth in full and reenacted by this |
| 16 | | amendatory Act of the 100th General Assembly. Striking and |
| 17 | | underscoring are used only to show changes being made to the |
| 18 | | base text. This reenactment is intended as a continuation of |
| 19 | | this Act. It is not intended to supersede any amendment to this |
| 20 | | Act that is enacted by the 100th General Assembly. |
| 21 | | (Source: P.A. 102-538, eff. 8-20-21.) |
| 22 | | (50 ILCS 750/99) |
| 23 | | (Section scheduled to be repealed on December 31, 2025) |
| 24 | | Sec. 99. Repealer. This Act is repealed on December 31, |
| 25 | | 2027 2025. |
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| 1 | | (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 7-28-23.) |
| 2 | | (50 ILCS 750/10.2 rep.) |
| 3 | | (50 ILCS 750/15.3a rep.) |
| 4 | | (50 ILCS 750/15.5 rep.) |
| 5 | | (50 ILCS 750/15.5a rep.) |
| 6 | | (50 ILCS 750/15.6a rep.) |
| 7 | | (50 ILCS 750/15.6c rep.) |
| 8 | | (50 ILCS 750/15.7 rep.) |
| 9 | | (50 ILCS 750/15.8a rep.) |
| 10 | | (50 ILCS 750/75 rep.) |
| 11 | | Section 10. The Emergency Telephone System Act is amended |
| 12 | | by repealing Sections 10.2, 15.3a, 15.5, 15.5a, 15.6a, 15.6c, |
| 13 | | 15.7, 15.8a, and 75. |
| 14 | | Section 99. Effective date. This Act takes effect upon |
| 15 | | becoming law.". |