Full Text of HB3702 102nd General Assembly
HB3702eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emergency Telephone System Act is amended | 5 | | by changing Sections 2, 3, 4, 5, 6, 6.1, 7, 8, 10, 10.1, 10.3, | 6 | | 14, 15, 15.2, 15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6, 15.6a, | 7 | | 15.6b, 17.5, 19, 20, 30, 40, 45, and 99 and by adding Sections | 8 | | 6.2 and 7.1 as follows:
| 9 | | (50 ILCS 750/2) (from Ch. 134, par. 32)
| 10 | | (Section scheduled to be repealed on December 31, 2021)
| 11 | | Sec. 2. Definitions. As used in this Act, unless the | 12 | | context otherwise requires: | 13 | | "9-1-1 network" means the network used for the delivery of | 14 | | 9-1-1 calls and messages over dedicated and redundant | 15 | | facilities to a primary or backup 9-1-1 PSAP that meets the | 16 | | appropriate grade of service P.01 grade of service standards | 17 | | for basic 9-1-1 and enhanced 9-1-1 services or meets national | 18 | | I3 industry call delivery standards for Next Generation 9-1-1 | 19 | | services . | 20 | | "9-1-1 system" means the geographic area that has been | 21 | | granted an order of authority by the Commission or the | 22 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | 23 | | emergency telephone number , including but not limited to the |
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| 1 | | network, software applications, databases, CPE components and | 2 | | operational and management procedures required to provide | 3 | | 9-1-1 service . | 4 | | "9-1-1 Authority" means includes an Emergency Telephone | 5 | | System Board, Joint Emergency Telephone System Board that | 6 | | provides for the management and operation of a 9-1-1 system , | 7 | | and a qualified governmental entity . "9-1-1 Authority" | 8 | | includes the Department of State Police only to the extent it | 9 | | provides 9-1-1 services under this Act. | 10 | | "9-1-1 System Manager" means the manager, director, | 11 | | administrator, or coordinator who at the direction of his or | 12 | | her Emergency Telephone System Board is responsible for the | 13 | | implementation and execution of the order of authority issued | 14 | | by the Commission or the Statewide 9-1-1 Administrator through | 15 | | the programs, policies, procedures, and daily operations of | 16 | | the 9-1-1 system consistent with the provisions of this Act. | 17 | | "Administrator" means the Statewide 9-1-1 Administrator. | 18 | | "Advanced service" means any telecommunications service | 19 | | with or without dynamic bandwidth allocation, including, but | 20 | | not limited to, ISDN Primary Rate Interface (PRI), that, | 21 | | through the use of a DS-1, T-1, or other un-channelized or | 22 | | multi-channel transmission facility, is capable of | 23 | | transporting either the subscriber's inter-premises voice | 24 | | telecommunications services to the public switched network or | 25 | | the subscriber's 9-1-1 calls to the public agency. | 26 | | "ALI" or "automatic location identification" means , in an |
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| 1 | | E9-1-1 system, the automatic display at the public safety | 2 | | answering point of the caller's telephone number, the address | 3 | | or location of the caller's telephone , and supplementary | 4 | | emergency services information of the location from which a | 5 | | call originates . | 6 | | "ANI" or "automatic number identification" means the | 7 | | automatic display of the 10 digit telephone number associated | 8 | | with the caller's telephone number 9-1-1 calling party's | 9 | | number on the PSAP monitor . | 10 | | "Automatic alarm" and "automatic alerting device" mean any | 11 | | device that will access the 9-1-1 system for emergency | 12 | | services upon activation and does not provide for two-way | 13 | | communication . | 14 | | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned | 15 | | Backup Answering Point, or VAP. | 16 | | "Authorized entity" means an answering point or | 17 | | participating agency other than a decommissioned PSAP. | 18 | | "Backup PSAP" means an a public safety answering point | 19 | | that meets the appropriate standards of service and serves as | 20 | | an alternate to the PSAP operating independently from the PSAP | 21 | | for enhanced systems and is at a different location , which has | 22 | | the capability to direct dispatch for the PSAP or otherwise | 23 | | transfer emergency calls directly to an authorized entity. and | 24 | | operates independently from the PSAP. A backup PSAP may accept | 25 | | overflow calls from the PSAP or be activated if the primary | 26 | | PSAP is disabled. |
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| 1 | | "Board" means an Emergency Telephone System Board or a | 2 | | Joint Emergency Telephone System Board created pursuant to | 3 | | Section 15.4. | 4 | | "Carrier" means a business entity that provides a | 5 | | communication function to a customer base, typically for a | 6 | | fee, that accesses the statewide 9-1-1 system. "Carrier" | 7 | | includes , but is not limited to, a telecommunications carrier | 8 | | and a wireless carrier, local exchange carrier, and VoIP | 9 | | service provider carrier . | 10 | | "Commission" means the Illinois Commerce Commission. | 11 | | "Computer aided dispatch" or "CAD" means a computer-based | 12 | | system that aids public safety telecommunicators PSAP | 13 | | telecommunicators by automating selected dispatching and | 14 | | recordkeeping activities. | 15 | | "Direct dispatch dispatch method " means a 9-1-1 service | 16 | | wherein upon receipt of an emergency call, that provides for | 17 | | the direct dispatch by a public safety telecommunicator | 18 | | transmits - without delay, transfer, relay, or referral - all | 19 | | relevant available information to PSAP telecommunicator of the | 20 | | appropriate public safety personnel or emergency responders | 21 | | unit upon receipt of an emergency call and the decision as to | 22 | | the proper action to be taken . | 23 | | "Decommissioned" means the revocation of a PSAPs authority | 24 | | to handle 9-1-1 calls as an answering point within the 9-1-1 | 25 | | network. | 26 | | "Department" means the Department of State Police. |
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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 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that | 20 | | includes network switching, database and PSAP premise elements | 21 | | capable of providing automatic location identification data, | 22 | | selective routing, selective transfer, fixed transfer, and a | 23 | | call back number, including any enhanced 9-1-1 service so | 24 | | designated by the Federal Communications Commission in its | 25 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any | 26 | | successor proceeding. |
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| 1 | | "ETSB" means an emergency telephone system board appointed | 2 | | by the corporate authorities of any county or municipality | 3 | | that provides for the management and operation of a 9-1-1 | 4 | | system. | 5 | | "Grade of service" means P.01 for enhanced 9-1-1 services | 6 | | or the NENA i3 Solution adopted standard for NG9-1-1. | 7 | | "Hearing-impaired individual" means a person with a | 8 | | permanent hearing loss who can regularly and routinely | 9 | | communicate by telephone only through the aid of devices which | 10 | | can send and receive written messages over the telephone | 11 | | network. | 12 | | "Hosted supplemental 9-1-1 service" means a database | 13 | | service that: | 14 | | (1) electronically provides information to 9-1-1 call | 15 | | takers when a call is placed to 9-1-1; | 16 | | (2) allows telephone subscribers to provide | 17 | | information to 9-1-1 to be used in emergency scenarios; | 18 | | (3) collects a variety of formatted data relevant to | 19 | | 9-1-1 and first responder needs, which may include, but is | 20 | | not limited to, photographs of the telephone subscribers, | 21 | | physical descriptions, medical information, household | 22 | | data, and emergency contacts; | 23 | | (4) allows for information to be entered by telephone | 24 | | subscribers through a secure website where they can elect | 25 | | to provide as little or as much information as they | 26 | | choose; |
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| 1 | | (5) automatically displays data provided by telephone | 2 | | subscribers to 9-1-1 call takers for all types of | 3 | | telephones when a call is placed to 9-1-1 from a | 4 | | registered and confirmed phone number; | 5 | | (6) supports the delivery of telephone subscriber | 6 | | information through a secure internet connection to all | 7 | | emergency telephone system boards; | 8 | | (7) works across all 9-1-1 call taking equipment and | 9 | | allows for the easy transfer of information into a | 10 | | computer aided dispatch system; and | 11 | | (8) may be used to collect information pursuant to an | 12 | | Illinois Premise Alert Program as defined in the Illinois | 13 | | Premise Alert Program (PAP) Act. | 14 | | "Interconnected voice over Internet protocol provider" or | 15 | | "Interconnected VoIP provider" has the meaning given to that | 16 | | term under Section 13-235 of the Public Utilities Act. | 17 | | "Joint ETSB" means a Joint Emergency Telephone System | 18 | | Board established by intergovernmental agreement of two or | 19 | | more municipalities or counties, or a combination thereof, to | 20 | | provide for the management and operation of a 9-1-1 system. | 21 | | "Local public agency" means any unit of local government | 22 | | or special purpose district located in whole or in part within | 23 | | this State that provides or has authority to provide | 24 | | firefighting, police, ambulance, medical, or other emergency | 25 | | services. | 26 | | "Mechanical dialer" means any device that accesses either |
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| 1 | | manually or remotely triggers a dialing device to access the | 2 | | 9-1-1 system without human intervention and does not provide | 3 | | for two-way communication . | 4 | | "Master Street Address Guide" or "MSAG" is a database of | 5 | | street names and house ranges within their associated | 6 | | communities defining emergency service zones (ESZs) and their | 7 | | associated emergency service numbers (ESNs) to enable proper | 8 | | routing of 9-1-1 calls. | 9 | | "Mobile telephone number" or "MTN" means the telephone | 10 | | number assigned to a wireless telephone at the time of initial | 11 | | activation. | 12 | | "Network connections" means the number of voice grade | 13 | | communications channels directly between a subscriber and a | 14 | | telecommunications carrier's public switched network, without | 15 | | the intervention of any other telecommunications carrier's | 16 | | switched network, which would be required to carry the | 17 | | subscriber's inter-premises traffic and which connection | 18 | | either (1) is capable of providing access through the public | 19 | | switched network to a 9-1-1 Emergency Telephone System, if one | 20 | | exists, or (2) if no system exists at the time a surcharge is | 21 | | imposed under Section 15.3, that would be capable of providing | 22 | | access through the public switched network to the local 9-1-1 | 23 | | Emergency Telephone System if one existed. Where multiple | 24 | | voice grade communications channels are connected to a | 25 | | telecommunications carrier's public switched network through a | 26 | | private branch exchange (PBX) service, there shall be |
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| 1 | | determined to be one network connection for each trunk line | 2 | | capable of transporting either the subscriber's inter-premises | 3 | | traffic to the public switched network or the subscriber's | 4 | | 9-1-1 calls to the public agency. Where multiple voice grade | 5 | | communications channels are connected to a telecommunications | 6 | | carrier's public switched network through Centrex centrex type | 7 | | service, the number of network connections shall be equal to | 8 | | the number of PBX trunk equivalents for the subscriber's | 9 | | service or other multiple voice grade communication channels | 10 | | facility, as determined by reference to any generally | 11 | | applicable exchange access service tariff filed by the | 12 | | subscriber's telecommunications carrier with the Commission. | 13 | | "Network costs" means those recurring costs that directly | 14 | | relate to the operation of the 9-1-1 network as determined by | 15 | | the Statewide 9-1-1 Administrator with the advice of the | 16 | | Statewide 9-1-1 Advisory Board, which may include, but need | 17 | | not be limited to, some or all of the following: costs for | 18 | | interoffice trunks, selective routing charges, transfer lines | 19 | | and toll charges for 9-1-1 services, Automatic Location | 20 | | Information (ALI) database charges, independent local exchange | 21 | | carrier charges and non-system provider charges, carrier | 22 | | charges for third party database for on-site customer premises | 23 | | equipment, back-up PSAP trunks for non-system providers, | 24 | | periodic database updates as provided by carrier (also known | 25 | | as "ALI data dump"), regional ALI storage charges, circuits | 26 | | for call delivery (fiber or circuit connection), NG9-1-1 |
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| 1 | | costs, and all associated fees, taxes, and surcharges on each | 2 | | invoice. "Network costs" shall not include radio circuits or | 3 | | toll charges that are other than for 9-1-1 services. | 4 | | "Next generation 9-1-1" or "NG9-1-1" means a secure an | 5 | | Internet Protocol-based (IP-based) open-standards system | 6 | | comprised of hardware, software, data, and operational | 7 | | policies and procedures that: managed ESInets, functional | 8 | | elements and applications, and databases that replicate | 9 | | traditional E9-1-1 features and functions and provide | 10 | | additional capabilities. "NG9-1-1" systems are designed to | 11 | | provide access to emergency services from all connected | 12 | | communications sources, and provide multimedia data | 13 | | capabilities for PSAPs and other emergency services | 14 | | organizations. | 15 | | (A) provides standardized interfaces from | 16 | | emergency call and message services to support | 17 | | emergency communications; | 18 | | (B) processes all types of emergency calls, | 19 | | including voice, text, data, and multimedia | 20 | | information; | 21 | | (C) acquires and integrates additional emergency | 22 | | call data useful to call routing and handling; | 23 | | (D) delivers the emergency calls, messages, and | 24 | | data to the appropriate public safety answering point | 25 | | and other appropriate emergency entities based on the | 26 | | location of the caller; |
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| 1 | | (E) supports data, video, and other communications | 2 | | needs for coordinated incident response and | 3 | | management; and | 4 | | (F) interoperates with services and networks used | 5 | | by first responders to facilitate emergency response. | 6 | | "NG9-1-1 costs" means those recurring costs that directly | 7 | | relate to the Next Generation 9-1-1 service as determined by | 8 | | the Statewide 9-1-1 Administrator with the advice of the | 9 | | Statewide 9-1-1 Advisory Board, which may include including , | 10 | | but need not be limited to, costs for NENA i3 Core Components | 11 | | (Border Control Function (BCF), Emergency Call Routing | 12 | | Function (ECRF), Location Validation Function (LVF), Emergency | 13 | | Services Routing Proxy (ESRP), Policy Store/Policy Routing | 14 | | Functions (PSPRF) and Location Information Servers (LIS)), | 15 | | Statewide ESInet, software external to the PSAP (data | 16 | | collection, identity management, aggregation and GIS | 17 | | functionality), and gateways (legacy 911 tandems or gateways | 18 | | or both). Emergency System Routing Proxy (ESRP), Emergency | 19 | | Call Routing Function/Location Validation Function (ECRF/LVF), | 20 | | Spatial Information Function (SIF), the Border Control | 21 | | Function (BCF), and the Emergency Services Internet Protocol | 22 | | networks (ESInets), legacy network gateways, and all | 23 | | associated fees, taxes, and surcharges on each invoice. | 24 | | "Private branch exchange" or "PBX" means a private | 25 | | telephone system and associated equipment located on the | 26 | | user's property that provides communications between internal |
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| 1 | | stations and external networks. | 2 | | "Private business switch service" means network and | 3 | | premises based systems including a VoIP, Centrex type service, | 4 | | or PBX service, even though key telephone systems or | 5 | | equivalent telephone systems registered with the Federal | 6 | | Communications Commission under 47 C.F.R. Part 68 are directly | 7 | | connected to Centrex type and PBX systems. "Private business | 8 | | switch service" does not include key telephone systems or | 9 | | equivalent telephone systems registered with the Federal | 10 | | Communications Commission under 47 C.F.R. Part 68 when not | 11 | | used in conjunction with a VoIP, Centrex type, or PBX systems. | 12 | | "Private business switch service" typically includes, but is | 13 | | not limited to, private businesses, corporations, and | 14 | | industries where the telecommunications service is primarily | 15 | | for conducting business. | 16 | | "Private residential switch service" means network and | 17 | | premise based systems including a VoIP, Centrex type service, | 18 | | or PBX service or key telephone systems or equivalent | 19 | | telephone systems registered with the Federal Communications | 20 | | Commission under 47 C.F.R. Part 68 that are directly connected | 21 | | to a VoIP, Centrex type service, or PBX systems equipped for | 22 | | switched local network connections or 9-1-1 system access to | 23 | | residential end users through a private telephone switch. | 24 | | "Private residential switch service" does not include key | 25 | | telephone systems or equivalent telephone systems registered | 26 | | with the Federal Communications Commission under 47 C.F.R. |
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| 1 | | Part 68 when not used in conjunction with a VoIP, Centrex type, | 2 | | or PBX systems. "Private residential switch service" typically | 3 | | includes, but is not limited to, apartment complexes, | 4 | | condominiums, and campus or university environments where | 5 | | shared tenant service is provided and where the usage of the | 6 | | telecommunications service is primarily residential. | 7 | | "Public agency" means the State, and any unit of local | 8 | | government or special purpose district located in whole or in | 9 | | part within this State, that provides or has authority to | 10 | | provide firefighting, police, ambulance, medical, or other | 11 | | emergency services. | 12 | | "Public safety agency" means a functional division of a | 13 | | public agency that provides firefighting, police, medical, or | 14 | | other emergency services to respond to and manage emergency | 15 | | incidents. For the purpose of providing wireless service to | 16 | | users of 9-1-1 emergency services, as expressly provided for | 17 | | in this Act, the Department of State Police may be considered a | 18 | | public safety agency. | 19 | | "Public safety answering point" or "PSAP" means the | 20 | | primary answering location of an emergency call that meets the | 21 | | appropriate standards of service and is responsible for | 22 | | receiving and processing is a set of call-takers authorized by | 23 | | a governing body and operating under common management that | 24 | | receive 9-1-1 calls and asynchronous event notifications for a | 25 | | defined geographic area and processes those calls and events | 26 | | according to a specified operational policy. |
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| 1 | | "PSAP representative" means the manager or supervisor of a | 2 | | Public Safety Answering Point (PSAP) who oversees the daily | 3 | | operational functions and is responsible for the overall | 4 | | management and administration of the PSAP. | 5 | | "Public safety telecommunicator" means any person employed | 6 | | in a full-time or part-time capacity at an answering point | 7 | | whose duties or responsibilities include answering, receiving, | 8 | | or transferring an emergency call for dispatch to the | 9 | | appropriate emergency responder. | 10 | | "Public safety telecommunicator supervisor" means any | 11 | | person employed in a full-time or part-time capacity at an | 12 | | answering point or by a 9-1-1 Authority, whose primary duties | 13 | | or responsibilities are to direct, administer, or manage any | 14 | | public safety telecommunicator and whose responsibilities | 15 | | include answering, receiving, or transferring an emergency | 16 | | call for dispatch to the appropriate responders. | 17 | | "Qualified governmental entity" means a unit of local | 18 | | government authorized to provide 9-1-1 services pursuant to | 19 | | this Act where no emergency telephone system board exists. | 20 | | "Referral method " means a 9-1-1 service in which the | 21 | | public safety telecommunicator PSAP telecommunicator provides | 22 | | the calling party with the telephone number of the appropriate | 23 | | public safety agency or other provider of emergency services. | 24 | | "Regular service" means any telecommunications service, | 25 | | other than advanced service, that is capable of transporting | 26 | | either the subscriber's inter-premises voice |
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| 1 | | telecommunications services to the public switched network or | 2 | | the subscriber's 9-1-1 calls to the public agency. | 3 | | "Relay method " means a 9-1-1 service in which the public | 4 | | safety telecommunicator PSAP telecommunicator takes the | 5 | | pertinent information from a caller and relays that | 6 | | information to the appropriate public safety agency or other | 7 | | provider of emergency services. | 8 | | "Remit period" means the billing period, one month in | 9 | | duration, for which a wireless carrier remits a surcharge and | 10 | | provides subscriber information by zip code to the Department, | 11 | | in accordance with Section 20 of this Act. | 12 | | "Secondary Answering Point" or "SAP" means a location, | 13 | | other than a PSAP, that is able to receive the voice, data, and | 14 | | call back number of E9-1-1 or NG9-1-1 emergency calls | 15 | | transferred from a PSAP and completes the call taking process | 16 | | by dispatching police, medical, fire, or other emergency | 17 | | responders. | 18 | | "Statewide wireless emergency 9-1-1 system" means all | 19 | | areas of the State where an emergency telephone system board | 20 | | or, in the absence of an emergency telephone system board, a | 21 | | qualified governmental entity, has not declared its intention | 22 | | for one or more of its public safety answering points to serve | 23 | | as a primary wireless 9-1-1 public safety answering point for | 24 | | its jurisdiction. The operator of the statewide wireless | 25 | | emergency 9-1-1 system shall be the Department of State | 26 | | Police. |
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| 1 | | "System" means the communications equipment and related | 2 | | software applications required to produce a response by the | 3 | | appropriate emergency public safety agency or other provider | 4 | | of emergency services as a result of an emergency call being | 5 | | placed to 9-1-1. | 6 | | "System provider" means the contracted entity providing | 7 | | 9-1-1 network and database services. | 8 | | "Telecommunications carrier" means those entities included | 9 | | within the definition specified in Section 13-202 of the | 10 | | Public Utilities Act, and includes those carriers acting as | 11 | | resellers of telecommunications services. "Telecommunications | 12 | | carrier" includes telephone systems operating as mutual | 13 | | concerns. "Telecommunications carrier" does not include a | 14 | | wireless carrier. | 15 | | "Telecommunications technology" means equipment that can | 16 | | send and receive written messages over the telephone network. | 17 | | "Transfer method " means a 9-1-1 service in which the | 18 | | public safety telecommunicator, who receives an emergency PSAP | 19 | | telecommunicator receiving a call , transmits, redirects, or | 20 | | conferences transfers that call to the appropriate public | 21 | | safety agency or other provider of emergency services. | 22 | | Transfer shall not include a relay or referral of the | 23 | | information without transferring the caller. | 24 | | "Transmitting messages" shall have the meaning given to | 25 | | that term under Section 8-11-2 of the Illinois Municipal Code. | 26 | | "Trunk line" means a transmission path, or group of |
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| 1 | | transmission paths, connecting a subscriber's PBX to a | 2 | | telecommunications carrier's public switched network. In the | 3 | | case of regular service, each voice grade communications | 4 | | channel or equivalent amount of bandwidth capable of | 5 | | transporting either the subscriber's inter-premises voice | 6 | | telecommunications services to the public switched network or | 7 | | the subscriber's 9-1-1 calls to the public agency shall be | 8 | | considered a trunk line, even if it is bundled with other | 9 | | channels or additional bandwidth. In the case of advanced | 10 | | service, each DS-1, T-1, or other un-channelized or | 11 | | multi-channel transmission facility that is capable of | 12 | | transporting either the subscriber's inter-premises voice | 13 | | telecommunications services to the public switched network or | 14 | | the subscriber's 9-1-1 calls to the public agency shall be | 15 | | considered a single trunk line, even if it contains multiple | 16 | | voice grade communications channels or otherwise supports 2 or | 17 | | more voice grade calls at a time; provided, however, that each | 18 | | additional increment of up to 24 voice grade channels of | 19 | | transmission capacity that is capable of transporting either | 20 | | the subscriber's inter-premises voice telecommunications | 21 | | services to the public switched network or the subscriber's | 22 | | 9-1-1 calls to the public agency shall be considered an | 23 | | additional trunk line. | 24 | | "Unmanned backup answering point PSAP " means an a public | 25 | | safety answering point that serves as an alternate to the PSAP | 26 | | at an alternate location and is typically unmanned but can be |
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| 1 | | activated if the primary PSAP is disabled. | 2 | | "Virtual answering point" or "VAP" means a temporary or | 3 | | nonpermanent location that is capable of receiving an | 4 | | emergency call, contains a fully functional worksite that is | 5 | | not bound to a specific location, but rather is portable and | 6 | | scalable, connecting public safety telecommunicators emergency | 7 | | call takers or dispatchers to the work process, and is capable | 8 | | of completing the call dispatching process. | 9 | | "Voice-impaired individual" means a person with a | 10 | | permanent speech disability which precludes oral | 11 | | communication, who can regularly and routinely communicate by | 12 | | telephone only through the aid of devices which can send and | 13 | | receive written messages over the telephone network. | 14 | | "Wireless carrier" means a provider of two-way cellular, | 15 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | 16 | | Mobile Radio Service (CMRS), Wireless Communications Service | 17 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as | 18 | | defined by the Federal Communications Commission, offering | 19 | | radio communications that may provide fixed, mobile, radio | 20 | | location, or satellite communication services to individuals | 21 | | or businesses within its assigned spectrum block and | 22 | | geographical area or that offers real-time, two-way voice | 23 | | service that is interconnected with the public switched | 24 | | network, including a reseller of such service. | 25 | | "Wireless enhanced 9-1-1" means the ability to relay the | 26 | | telephone number of the originator of a 9-1-1 call and |
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| 1 | | location information from any mobile handset or text telephone | 2 | | device accessing the wireless system to the designated | 3 | | wireless public safety answering point as set forth in the | 4 | | order of the Federal Communications Commission, FCC Docket No. | 5 | | 94-102, adopted June 12, 1996, with an effective date of | 6 | | October 1, 1996, and any subsequent amendment thereto. | 7 | | "Wireless public safety answering point" means the | 8 | | functional division of a 9-1-1 authority accepting wireless | 9 | | 9-1-1 calls. | 10 | | "Wireless subscriber" means an individual or entity to | 11 | | whom a wireless service account or number has been assigned by | 12 | | a wireless carrier, other than an account or number associated | 13 | | with prepaid wireless telecommunication service.
| 14 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 15 | | (50 ILCS 750/3) (from Ch. 134, par. 33)
| 16 | | (Section scheduled to be repealed on December 31, 2021)
| 17 | | Sec. 3.
(a) By July 1, 2017, every local public agency | 18 | | shall be within the jurisdiction of a 9-1-1 system.
| 19 | | (b) Within 18 months of the awarding of a contract to a | 20 | | vendor certified under Section 13-900 of the Public Utilities | 21 | | Act to establish a statewide Next Generation 9-1-1 network By | 22 | | December 31, 2021 , every 9-1-1 system in Illinois , except in a | 23 | | municipality with a population over 500,000, shall provide | 24 | | Next Generation 9-1-1 service. A municipality with a | 25 | | population over 500,000 shall establish a statewide Next |
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| 1 | | Generation 9-1-1 network by December 31, 2023. | 2 | | (c) Nothing in this Act shall be construed to prohibit or
| 3 | | discourage in any way the formation of multijurisdictional or | 4 | | regional
systems, and any system established pursuant to this | 5 | | Act may include the
territory of more than one public agency or | 6 | | may include a segment of the
territory of a public agency.
| 7 | | (Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
| 8 | | (50 ILCS 750/4) (from Ch. 134, par. 34)
| 9 | | (Section scheduled to be repealed on December 31, 2021)
| 10 | | Sec. 4.
Every system shall include police, firefighting, | 11 | | and emergency medical and
ambulance services, and may include | 12 | | other emergency services. The system may incorporate private
| 13 | | ambulance service. In those areas in which a public safety | 14 | | agency of the State
provides such emergency services, the | 15 | | system shall include such public safety agencies.
| 16 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 17 | | (50 ILCS 750/5) (from Ch. 134, par. 35)
| 18 | | (Section scheduled to be repealed on December 31, 2021)
| 19 | | Sec. 5.
The digits "9-1-1" shall be the primary emergency | 20 | | telephone
number within the system, but a public agency or | 21 | | public safety agency
shall maintain a separate secondary 10 | 22 | | seven digit emergency
backup number for at least six months | 23 | | after the "9-1-1" system is
established and in operation, and | 24 | | shall maintain a separate number for
nonemergency telephone |
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| 1 | | calls.
| 2 | | (Source: P.A. 100-20, eff. 7-1-17 .)
| 3 | | (50 ILCS 750/6) (from Ch. 134, par. 36)
| 4 | | (Section scheduled to be repealed on December 31, 2021)
| 5 | | Sec. 6. Capabilities of system; pay telephones. All | 6 | | systems shall be
designed to meet the specific
requirements of | 7 | | each community and public agency served by the system.
Every | 8 | | system shall be designed to have
the capability to of | 9 | | utilizing the direct dispatch or to method, relay method, | 10 | | transfer method, or referral method in response to emergency | 11 | | calls. The
General Assembly finds and declares that the most | 12 | | critical aspect of the
design of any system is the procedure | 13 | | established for handling a
telephone request for emergency | 14 | | services.
| 15 | | In addition, to maximize efficiency and utilization of the | 16 | | system,
all pay telephones within each system shall
enable a | 17 | | caller to dial "9-1-1" for emergency services without the
| 18 | | necessity of inserting a coin. This paragraph does not apply | 19 | | to pay
telephones
located in penal
institutions, as defined in | 20 | | Section 2-14 of the Criminal Code of 2012, that
have
been | 21 | | designated for the exclusive use of committed persons.
| 22 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 23 | | (50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
| 24 | | (Section scheduled to be repealed on December 31, 2021)
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| 1 | | Sec. 6.1.
Every 9-1-1 system shall be
readily accessible | 2 | | to hearing-impaired and voice-impaired individuals
through the | 3 | | use of telecommunications technology for hearing-impaired and
| 4 | | speech-impaired individuals.
| 5 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 6 | | (50 ILCS 750/6.2 new) | 7 | | Sec. 6.2. Every 9-1-1 system shall be able to accept text | 8 | | to 9-1-1 no later than January 1, 2023. The Illinois State | 9 | | Police shall adopt rules for the implementation of this | 10 | | Section.
| 11 | | (50 ILCS 750/7) (from Ch. 134, par. 37)
| 12 | | (Section scheduled to be repealed on December 31, 2021)
| 13 | | Sec. 7.
The General Assembly finds that, because of | 14 | | overlapping
jurisdiction of public agencies, public safety | 15 | | agencies and telephone
service areas, the Administrator, with | 16 | | the advice and recommendation of the Statewide 9-1-1 Advisory | 17 | | Board, shall establish a general overview or plan
to | 18 | | effectuate the purposes of this Act within the time frame | 19 | | provided in
this Act. The General Assembly further finds and | 20 | | declares that direct dispatch should be utilized if possible | 21 | | to shorten the time required for the public to request and | 22 | | receive emergency aid. The Administrator shall minimize the | 23 | | use of transfer, relay, and referral of an emergency call if | 24 | | possible and encourage Backup PSAPs to be able to direct |
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| 1 | | dispatch. Transfer, relay, and referral of an emergency call | 2 | | to an entity other than an answering point or the Illinois | 3 | | State Police shall not be utilized in response to emergency | 4 | | calls unless exigent circumstances exist. In order to insure | 5 | | that proper preparation and implementation
of emergency | 6 | | telephone systems are accomplished by all public agencies as | 7 | | required under this Act, the Department, with the
advice and | 8 | | assistance of
the Attorney General, shall secure compliance by | 9 | | public agencies as
provided in this Act.
| 10 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 11 | | (50 ILCS 750/7.1 new) | 12 | | Sec. 7.1. Training. | 13 | | (a) Each 9-1-1 Authority, as well as its answering points, | 14 | | shall ensure its public safety telecommunicators and public | 15 | | safety telecommunicator Supervisors comply with the training, | 16 | | testing, and certification requirements established pursuant | 17 | | to Section 2605-53 of the Department of State Police Law. | 18 | | (b) Each 9-1-1 Authority, as well as its answering points, | 19 | | shall maintain a record regarding its public safety | 20 | | telecommunicators and public safety telecommunicator | 21 | | Supervisors compliance with this Section for at least 7 years | 22 | | and shall make the training records available for inspection | 23 | | by the Administrator upon request. | 24 | | (c) Costs incurred for the development of standards, | 25 | | training, testing and certification shall be expenses paid by |
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| 1 | | the Department from the funds available to the Administrator | 2 | | and the Statewide 9-1-1 Advisory Board under Section 30 of | 3 | | this Act. Nothing in this subsection shall prohibit the use of | 4 | | grants or other non-surcharge funding sources available for | 5 | | this purpose.
| 6 | | (50 ILCS 750/8) (from Ch. 134, par. 38)
| 7 | | (Section scheduled to be repealed on December 31, 2021)
| 8 | | Sec. 8.
The Administrator, with the advice and | 9 | | recommendation of the Statewide 9-1-1 Advisory Board, shall | 10 | | coordinate the implementation of systems established under | 11 | | this Act. To assist with this coordination, all systems | 12 | | authorized to operate under this Act shall register with the | 13 | | Administrator information regarding its composition and | 14 | | organization, including, but not limited to, identification of | 15 | | the
9-1-1 System Manager and all answering points. | 16 | | Decommissioned PSAPs shall not be registered and are not part | 17 | | of the 9-1-1 system in Illinois PSAPs, SAPs, VAPs, Backup | 18 | | PSAPs, and Unmanned Backup PSAPs . The Department may adopt | 19 | | rules for the administration of this Section.
| 20 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 21 | | (50 ILCS 750/10) (from Ch. 134, par. 40) | 22 | | (Section scheduled to be repealed on December 31, 2021) | 23 | | Sec. 10. (a) The Administrator, with the advice and | 24 | | recommendation of the Statewide 9-1-1 Advisory Board, shall |
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| 1 | | establish uniform technical and operational standards for all | 2 | | 9-1-1 systems in Illinois. All findings, orders, decisions, | 3 | | rules, and regulations issued or promulgated by the Commission | 4 | | under this Act or any other Act establishing or conferring | 5 | | power on the Commission with respect to emergency | 6 | | telecommunications services, shall continue in force. | 7 | | Notwithstanding the provisions of this Section, where | 8 | | applicable, the Administrator shall, with the advice and | 9 | | recommendation of the Statewide 9-1-1 Advisory Board, amend | 10 | | the Commission's findings, orders, decisions, rules, and | 11 | | regulations to conform to the specific provisions of this Act | 12 | | as soon as practicable after the effective date of this | 13 | | amendatory Act of the 99th General Assembly. | 14 | | (a-5) All 9-1-1 systems are responsible for complying with | 15 | | the uniform technical and operational standards adopted by the | 16 | | Administrator and the Illinois State Police with the advice | 17 | | and recommendation of the Statewide 9-1-1 Advisory Board. | 18 | | (b) The Department may adopt emergency rules necessary to | 19 | | implement the provisions of this amendatory Act of the 99th | 20 | | General Assembly under subsection (t) of Section 5-45 of the | 21 | | Illinois Administrative Procedure Act. | 22 | | (c) Nothing in this Act shall deprive the Commission of | 23 | | any authority to regulate the provision by telecommunication | 24 | | carriers or 9-1-1 system service providers of | 25 | | telecommunication or other services under the Public Utilities | 26 | | Act. |
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| 1 | | (d) For rules that implicate both the regulation of 9-1-1 | 2 | | authorities under this Act and the regulation of | 3 | | telecommunication carriers and 9-1-1 system service providers | 4 | | under the Public Utilities Act, the Department and the | 5 | | Commission may adopt joint rules necessary for implementation. | 6 | | (e) Any findings, orders, or decisions of the | 7 | | Administrator under this Section shall be deemed a final | 8 | | administrative decision and shall be subject to judicial | 9 | | review under the Administrative Review Law. | 10 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 11 | | (50 ILCS 750/10.1) (from Ch. 134, par. 40.1)
| 12 | | (Section scheduled to be repealed on December 31, 2021)
| 13 | | Sec. 10.1. Confidentiality.
| 14 | | (a) 9-1-1 information consisting of names, addresses and
| 15 | | telephone numbers of telephone customers whose listings are | 16 | | not published
in directories or listed in Directory Assistance | 17 | | Offices is confidential.
Except as provided in subsection (b), | 18 | | information shall be provided on a
call-by-call basis only for | 19 | | the purpose
of responding to emergency calls. For the purposes | 20 | | of this subsection (a),
"emergency" means a
situation in which | 21 | | property or human life is in jeopardy and the prompt
| 22 | | notification of the public safety agency is essential.
| 23 | | (b) 9-1-1 information, including information described in | 24 | | subsection (a),
may be used by a public safety agency for the | 25 | | purpose of placing out-going
emergency calls.
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| 1 | | (c) Nothing in this Section prohibits a municipality with | 2 | | a population
of
more than 500,000 from using 9-1-1 | 3 | | information, including information described
in subsection | 4 | | (a), for the purpose of responding to calls made to a
| 5 | | non-emergency telephone system that is under the supervision | 6 | | and control of a
public safety agency and that shares all or | 7 | | some facilities with an emergency
telephone system.
| 8 | | (d) Any public safety agency that uses 9-1-1 information | 9 | | for the purposes of
subsection (b) must establish methods and | 10 | | procedures that ensure the
confidentiality of information as | 11 | | required by subsection (a).
| 12 | | (e) Divulging confidential information in violation of | 13 | | this Section is a
Class A misdemeanor.
| 14 | | (Source: P.A. 100-20, eff. 7-1-17 .)
| 15 | | (50 ILCS 750/10.3)
| 16 | | (Section scheduled to be repealed on December 31, 2021)
| 17 | | Sec. 10.3. Notice of address change. The Emergency | 18 | | Telephone System Board or qualified governmental entity
in
any
| 19 | | county implementing a 9-1-1 system that changes any person's | 20 | | address (when the
person
whose address has changed has not | 21 | | moved to a new residence) shall notify
the person (i) of the | 22 | | person's new address and (ii) that the person should
contact | 23 | | the local
election authority to determine if the person should | 24 | | re-register to vote.
| 25 | | (Source: P.A. 100-20, eff. 7-1-17 .)
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| 1 | | (50 ILCS 750/14) (from Ch. 134, par. 44)
| 2 | | (Section scheduled to be repealed on December 31, 2021)
| 3 | | Sec. 14.
The General Assembly declares that a major | 4 | | purpose of this Act is to ensure that 9-1-1 systems have | 5 | | redundant methods of dispatch for: (1) each public safety | 6 | | agency within its jurisdiction, herein known as participating | 7 | | agencies; and (2) 9-1-1 systems whose jurisdictional | 8 | | boundaries are contiguous, herein known as adjacent 9-1-1 | 9 | | systems, when an emergency request for service is received for | 10 | | a public safety agency that needs to be dispatched by the | 11 | | adjacent 9-1-1 system. Another primary purpose of this Section | 12 | | is to
eliminate instances in which a public safety agency | 13 | | refuses, once dispatched, to render aid outside of the | 14 | | jurisdictional boundaries
of the public safety agency. | 15 | | Therefore, in implementing a 9-1-1 system under this Act, all | 16 | | 9-1-1 authorities
shall enter into call handling and aid | 17 | | outside jurisdictional boundaries agreements with each | 18 | | participating agency and adjacent 9-1-1 system. The
agreements | 19 | | shall provide a primary and secondary means of dispatch. It | 20 | | must also provide that, once an emergency unit is dispatched | 21 | | in response
to a request through the system, such unit shall | 22 | | render its services to the requesting
party without regard to | 23 | | whether the unit is operating outside its
normal | 24 | | jurisdictional boundaries. Certified notification of the
| 25 | | continuation of call handling and aid outside jurisdictional |
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| 1 | | boundaries agreements shall be made among the involved parties | 2 | | on an annual basis. The Illinois State Police may adopt rules | 3 | | for the administration of this Section.
| 4 | | (Source: P.A. 100-20, eff. 7-1-17 .)
| 5 | | (50 ILCS 750/15) (from Ch. 134, par. 45)
| 6 | | (Section scheduled to be repealed on December 31, 2021)
| 7 | | Sec. 15.
Copies of the annual certified notification of | 8 | | continuing
agreement required by Section 14 shall be filed | 9 | | with
the Attorney General and the Administrator. All such | 10 | | agreements
shall be so filed prior to the 31st day of January. | 11 | | The Attorney General shall commence
judicial proceedings to | 12 | | enforce compliance with this Section and Section 14, where
a | 13 | | public agency or public safety agency has failed to timely | 14 | | enter into
such agreement or file copies thereof.
| 15 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 16 | | (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| 17 | | (Section scheduled to be repealed on December 31, 2021)
| 18 | | Sec. 15.2.
Any person placing an "emergency call" to | 19 | | calling the number "911" for the purpose of making a
false | 20 | | alarm or complaint and reporting false information when, at | 21 | | the time the call or transmission is made, the person knows | 22 | | there is no reasonable ground for making the call or | 23 | | transmission and further knows that the call or transmission | 24 | | could result in the emergency response of any public safety |
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| 1 | | agency, is subject to the
provisions of Section 26-1 of the | 2 | | Criminal Code of 2012.
| 3 | | (Source: P.A. 100-20, eff. 7-1-17 .)
| 4 | | (50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
| 5 | | (Section scheduled to be repealed on December 31, 2021)
| 6 | | Sec. 15.2a. The installation of or connection to a | 7 | | telephone
company's network of any automatic alarm, automatic | 8 | | alerting
device, or mechanical dialer that causes the number | 9 | | 9-1-1 to
be dialed in order to directly access emergency | 10 | | services and does not provide for 2-way communication is
| 11 | | prohibited in a 9-1-1 system. | 12 | | This Section does not apply to a person who connects to a | 13 | | 9-1-1 network using automatic crash notification technology | 14 | | subject to an established protocol. | 15 | | This Section does not apply to devices used to enable | 16 | | access to the 9-1-1 system for cognitively-impaired or special | 17 | | needs persons or for persons with disabilities in an emergency | 18 | | situation reported by a caregiver after initiating a missing | 19 | | person's report. The device must have the capability to be | 20 | | activated and controlled remotely by trained personnel at a | 21 | | service center to prevent falsely activated or repeated calls | 22 | | to the 9-1-1 system in a single incident. The device must have | 23 | | the technical capability to generate location information to | 24 | | the 9-1-1 system. Under no circumstances shall a device be | 25 | | sold for use in a geographical jurisdiction where the 9-1-1 |
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| 1 | | system has not deployed wireless phase II location technology. | 2 | | The alerting device shall also provide for either 2-way | 3 | | communication or send a pre-recorded message to a 9-1-1 | 4 | | provider explaining the nature of the emergency so that the | 5 | | 9-1-1 provider will be able to dispatch the appropriate | 6 | | emergency responder. | 7 | | Violation of this Section is
a Class A misdemeanor. A | 8 | | second or subsequent violation of this
Section is a Class 4 | 9 | | felony.
| 10 | | (Source: P.A. 99-143, eff. 7-27-15; 100-20, eff. 7-1-17 .)
| 11 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| 12 | | (Section scheduled to be repealed on December 31, 2021)
| 13 | | Sec. 15.3. Local non-wireless surcharge. | 14 | | (a) Except as provided in subsection (l) of this Section, | 15 | | the corporate authorities of any municipality or any
county | 16 | | may, subject to the limitations of subsections (c), (d), and | 17 | | (h),
and in addition to any tax levied pursuant to the | 18 | | Simplified Municipal
Telecommunications Tax Act, impose a | 19 | | monthly surcharge on billed subscribers
of network connection | 20 | | provided by telecommunication carriers engaged in the
business | 21 | | of transmitting messages by means of electricity originating | 22 | | within
the corporate limits of the municipality or county | 23 | | imposing the surcharge at
a rate per network connection | 24 | | determined in accordance with subsection (c), however the | 25 | | monthly surcharge shall not apply to a network connection |
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| 1 | | provided for use with pay telephone services.
Provided, | 2 | | however, that where multiple voice grade communications | 3 | | channels
are connected between the subscriber's premises and a | 4 | | public switched network
through private branch exchange (PBX) | 5 | | or centrex type service, a municipality
imposing a surcharge | 6 | | at a rate per network connection, as determined in
accordance | 7 | | with this Act, shall impose: | 8 | | (i) in a municipality with a population of 500,000 or | 9 | | less or in any county, 5 such surcharges per network
| 10 | | connection, as defined under Section 2 of this Act, for | 11 | | both regular service and advanced service provisioned | 12 | | trunk lines; | 13 | | (ii) in a municipality with a population, prior to | 14 | | March 1, 2010, of 500,000 or more, 5 surcharges per | 15 | | network connection, as defined under Section 2 of this | 16 | | Act, for both regular service and advanced
service | 17 | | provisioned trunk lines; | 18 | | (iii) in a municipality with a population, as of March | 19 | | 1, 2010, of 500,000 or more, 5 surcharges per network | 20 | | connection, as defined under Section 2 of this Act, for | 21 | | regular service
provisioned trunk lines, and 12 surcharges | 22 | | per network connection, as defined under Section 2 of this | 23 | | Act, for advanced service provisioned trunk
lines, except | 24 | | where an advanced service provisioned trunk line supports | 25 | | at least 2 but fewer
than 23 simultaneous voice grade | 26 | | calls ("VGC's"), a telecommunication carrier may
elect to |
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| 1 | | impose fewer than 12 surcharges per trunk line as provided | 2 | | in subsection (iv)
of this Section; or | 3 | | (iv) for an advanced service provisioned trunk line | 4 | | connected between the
subscriber's premises and the public | 5 | | switched network through a P.B.X., where the advanced
| 6 | | service provisioned trunk line is capable of transporting | 7 | | at least 2 but fewer than 23
simultaneous VGC's per trunk | 8 | | line, the telecommunications carrier collecting the | 9 | | surcharge
may elect to impose surcharges in accordance | 10 | | with the table provided in this Section, without limiting
| 11 | | any telecommunications carrier's obligations to otherwise | 12 | | keep and maintain records. Any
telecommunications carrier | 13 | | electing to impose fewer than 12 surcharges per an | 14 | | advanced
service provisioned trunk line shall keep and | 15 | | maintain records adequately to demonstrate the
VGC | 16 | | capability of each advanced service provisioned trunk line | 17 | | with fewer than 12
surcharges imposed, provided that 12 | 18 | | surcharges shall be imposed on an advanced service
| 19 | | provisioned trunk line regardless of the VGC capability | 20 | | where a telecommunications carrier
cannot demonstrate the | 21 | | VGC capability of the advanced service provisioned trunk | 22 | | line.
| |
23 | | Facility | VGC's | 911 Surcharges | |
24 | | Advanced service provisioned trunk line | 18-23 | 12 | |
25 | | Advanced service provisioned trunk line | 12-17 | 10 | |
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| 1 | | Advanced service provisioned trunk line | 2-11 | 8 |
| 2 | | Subsections (i), (ii), (iii), and (iv) are not intended to | 3 | | make any change in the meaning of this Section, but are | 4 | | intended to remove possible ambiguity, thereby confirming the | 5 | | intent of paragraph (a) as it existed prior to and following | 6 | | the effective date of this amendatory Act of the 97th General | 7 | | Assembly. | 8 | | For mobile telecommunications services, if a surcharge is | 9 | | imposed it shall be
imposed based upon the municipality or | 10 | | county that encompasses the customer's
place of primary use as | 11 | | defined in the Mobile Telecommunications Sourcing
Conformity | 12 | | Act. A municipality may enter into an intergovernmental
| 13 | | agreement with any county in which it is partially located, | 14 | | when the county
has adopted an ordinance to impose a surcharge | 15 | | as provided in subsection
(c), to include that portion of the | 16 | | municipality lying outside the county
in that county's | 17 | | surcharge referendum. If the county's surcharge
referendum is | 18 | | approved, the portion of the municipality identified in the
| 19 | | intergovernmental agreement shall automatically be | 20 | | disconnected from the
county in which it lies and connected to | 21 | | the county which approved the
referendum for purposes of a | 22 | | surcharge on telecommunications carriers.
| 23 | | (b) For purposes of computing the surcharge imposed by | 24 | | subsection (a),
the network connections to which the surcharge | 25 | | shall apply shall be those
in-service network connections, |
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| 1 | | other than those network connections
assigned to the | 2 | | municipality or county, where the service address for each
| 3 | | such network connection or connections is located within the | 4 | | corporate
limits of the municipality or county levying the | 5 | | surcharge. Except for mobile
telecommunication services, the | 6 | | "service address" shall mean the location of
the primary use | 7 | | of the network connection or connections. For mobile
| 8 | | telecommunication services, "service address" means the | 9 | | customer's place of
primary use as defined in the Mobile | 10 | | Telecommunications Sourcing Conformity
Act.
| 11 | | (c) Upon the passage of an ordinance to impose a surcharge | 12 | | under this
Section the clerk of the municipality or county | 13 | | shall certify the question
of whether the surcharge may be | 14 | | imposed to the proper election authority
who shall submit the | 15 | | public question to the electors of the municipality or
county | 16 | | in accordance with the general election law; provided that | 17 | | such
question shall not be submitted at a consolidated primary | 18 | | election. The
public question shall be in substantially the | 19 | | following form:
| 20 | | -------------------------------------------------------------
| 21 | | Shall the county (or city, village
| 22 | | or incorporated town) of ..... impose YES
| 23 | | a surcharge of up to ...˘ per month per
| 24 | | network connection, which surcharge will
| 25 | | be added to the monthly bill you receive ------------------
| 26 | | for telephone or telecommunications
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| 1 | | charges, for the purpose of installing
| 2 | | (or improving) a 9-1-1 Emergency NO
| 3 | | Telephone System?
| 4 | | -------------------------------------------------------------
| 5 | | If a majority of the votes cast upon the public question | 6 | | are in favor
thereof, the surcharge shall be imposed.
| 7 | | However, if a Joint Emergency Telephone System Board is to | 8 | | be created
pursuant to an intergovernmental agreement under | 9 | | Section 15.4, the
ordinance to impose the surcharge shall be | 10 | | subject to the approval of a
majority of the total number of | 11 | | votes cast upon the public question by the
electors of all of | 12 | | the municipalities or counties, or combination thereof,
that | 13 | | are parties to the intergovernmental agreement.
| 14 | | The referendum requirement of this subsection (c) shall | 15 | | not apply
to any municipality with a population over 500,000 | 16 | | or to any
county in which a proposition as to whether a | 17 | | sophisticated 9-1-1 Emergency
Telephone System should be | 18 | | installed in the county, at a cost not to
exceed a specified | 19 | | monthly amount per network connection, has previously
been | 20 | | approved by a majority of the electors of the county voting on | 21 | | the
proposition at an election conducted before the effective | 22 | | date of this
amendatory Act of 1987.
| 23 | | (d) A county may not impose a surcharge, unless requested | 24 | | by a
municipality, in any incorporated area which has | 25 | | previously approved a
surcharge as provided in subsection (c) | 26 | | or in any incorporated area where
the corporate authorities of |
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| 1 | | the municipality have previously entered into
a binding | 2 | | contract or letter of intent with a telecommunications carrier | 3 | | to
provide sophisticated 9-1-1 service through municipal | 4 | | funds.
| 5 | | (e) A municipality or county may at any time by ordinance | 6 | | change the
rate of the surcharge imposed under this Section if | 7 | | the new rate does not
exceed the rate specified in the | 8 | | referendum held pursuant to subsection (c).
| 9 | | (f) The surcharge authorized by this Section shall be | 10 | | collected from
the subscriber by the telecommunications | 11 | | carrier providing the subscriber
the network connection as a | 12 | | separately stated item on the subscriber's bill.
| 13 | | (g) The amount of surcharge collected by the | 14 | | telecommunications carrier
shall be paid to the particular | 15 | | municipality or county or Joint Emergency
Telephone System | 16 | | Board not later than 30 days after the surcharge is
collected, | 17 | | net of any network or other 9-1-1 or sophisticated 9-1-1 | 18 | | system
charges then due the particular telecommunications | 19 | | carrier, as shown on an
itemized bill. The telecommunications | 20 | | carrier collecting the surcharge
shall also be entitled to | 21 | | deduct 3% of the gross amount of surcharge
collected to | 22 | | reimburse the telecommunications carrier for the expense of
| 23 | | accounting and collecting the surcharge.
| 24 | | (h) Except as expressly provided in subsection (a) of this | 25 | | Section, on or after the effective date of this amendatory Act | 26 | | of the 98th General Assembly and until December 31, 2017, a |
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| 1 | | municipality with a population of 500,000 or more shall not | 2 | | impose a monthly surcharge per network connection in excess of | 3 | | the highest monthly surcharge imposed as of January 1, 2014 by | 4 | | any county or municipality under subsection (c) of this | 5 | | Section. Beginning January 1, 2018 and until December 31, 2023 | 6 | | 2021 , a municipality with a population over 500,000 may not | 7 | | impose a monthly surcharge in excess of $5.00 per network | 8 | | connection. On or after January 1, 2024 2022 , a
municipality | 9 | | with a population over 500,000 may not impose a
monthly | 10 | | surcharge in excess of $2.50
per network connection.
| 11 | | (i) Any municipality or county or joint emergency | 12 | | telephone system
board that has imposed a surcharge pursuant | 13 | | to this Section prior to the
effective date of this amendatory | 14 | | Act of 1990 shall hereafter impose the
surcharge in accordance | 15 | | with subsection (b) of this Section.
| 16 | | (j) The corporate authorities of any municipality or | 17 | | county may issue,
in accordance with Illinois law, bonds, | 18 | | notes or other obligations secured
in whole or in part by the | 19 | | proceeds of the surcharge described in this
Section.
The State | 20 | | of Illinois pledges and agrees that it will not limit or alter
| 21 | | the rights and powers vested in municipalities and counties by | 22 | | this Section
to impose the surcharge so as to impair the terms | 23 | | of or affect the
security for bonds, notes or other | 24 | | obligations secured in whole or in part
with the proceeds of | 25 | | the surcharge described in this Section. The pledge and | 26 | | agreement set forth in this Section survive the termination of |
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| 1 | | the surcharge under subsection (l) by virtue of the | 2 | | replacement of the surcharge monies guaranteed under Section | 3 | | 20; the State of Illinois pledges and agrees that it will not | 4 | | limit or alter the rights vested in municipalities and | 5 | | counties to the surcharge replacement funds guaranteed under | 6 | | Section 20 so as to impair the terms of or affect the security | 7 | | for bonds, notes or other obligations secured in whole or in | 8 | | part with the proceeds of the surcharge described in this | 9 | | Section.
| 10 | | (k) Any surcharge collected by or imposed on a | 11 | | telecommunications
carrier pursuant to this Section shall be | 12 | | held to be a special fund in
trust for the municipality, county | 13 | | or Joint Emergency Telephone Board
imposing the surcharge. | 14 | | Except for the 3% deduction provided in subsection
(g) above, | 15 | | the special fund shall not be subject to the claims of
| 16 | | creditors of the telecommunication carrier.
| 17 | | (l) Any surcharge imposed pursuant to this Section by a | 18 | | county or municipality, other than a municipality with a | 19 | | population in excess of 500,000, shall cease to be imposed on | 20 | | January 1, 2016. | 21 | | (Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
| 22 | | (50 ILCS 750/15.3a) | 23 | | (Section scheduled to be repealed on December 31, 2021) | 24 | | Sec. 15.3a. Local wireless surcharge. | 25 | | (a) Notwithstanding any other provision of this Act, a |
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| 1 | | unit of local government or emergency telephone system board | 2 | | providing wireless 9-1-1 service and imposing and collecting a | 3 | | wireless carrier surcharge prior to July 1, 1998 may continue | 4 | | its practices of imposing and collecting its wireless carrier | 5 | | surcharge, but, except as provided in subsection (b) of this | 6 | | Section, in no event shall that monthly surcharge exceed $2.50 | 7 | | per commercial mobile radio service (CMRS) connection or | 8 | | in-service telephone number billed on a monthly basis. For | 9 | | mobile telecommunications services provided on and after | 10 | | August 1, 2002, any surcharge imposed shall be imposed based | 11 | | upon the municipality or county that encompasses the | 12 | | customer's place of primary use as defined in the Mobile | 13 | | Telecommunications Sourcing Conformity Act. | 14 | | (b) Until December 31, 2017, the corporate authorities of | 15 | | a municipality with a population in excess of 500,000 on the | 16 | | effective date of this amendatory Act of the 99th General | 17 | | Assembly may by ordinance continue to impose and collect a | 18 | | monthly surcharge per commercial mobile radio service (CMRS) | 19 | | connection or in-service telephone number billed on a monthly | 20 | | basis that does not exceed the highest monthly surcharge | 21 | | imposed as of January 1, 2014 by any county or municipality | 22 | | under subsection (c) of Section 15.3 of this Act. Beginning | 23 | | January 1, 2018, and until December 31, 2023 2021 , a | 24 | | municipality with a population in excess of 500,000 may by | 25 | | ordinance continue to impose and collect a monthly surcharge | 26 | | per commercial mobile radio service (CMRS) connection or |
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| 1 | | in-service telephone number billed on a monthly basis that | 2 | | does not exceed $5.00. On or after January 1, 2024 2022 , the | 3 | | municipality may continue imposing and collecting its wireless | 4 | | carrier surcharge as provided in and subject to the | 5 | | limitations of subsection (a) of this Section. | 6 | | (c) 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 | | (Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.) | 16 | | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | 17 | | (Section scheduled to be repealed on December 31, 2021) | 18 | | Sec. 15.4. Emergency Telephone System Board; powers. | 19 | | (a) Except as provided in subsection (e) of this Section, | 20 | | the corporate authorities of any county or municipality
may | 21 | | establish an Emergency
Telephone System Board. | 22 | | The corporate authorities shall provide for the
manner of | 23 | | appointment and the number of members of the Board, provided | 24 | | that
the board shall consist of not fewer than 5 members, one | 25 | | of whom
must be a
public member who is a resident of the local |
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| 1 | | exchange service territory
included in the 9-1-1 coverage | 2 | | area, one of whom (in counties with a
population less than | 3 | | 100,000) may be a member of the county
board, and
at least 3 of | 4 | | whom shall be representative of the 9-1-1 public safety | 5 | | agencies,
including but not limited to police departments, | 6 | | fire departments, emergency
medical services providers, and | 7 | | emergency services and disaster agencies, and
appointed on the | 8 | | basis of their ability or experience. In counties with a | 9 | | population of more than 100,000 but less than 2,000,000, a | 10 | | member of the county board may serve on the Emergency | 11 | | Telephone System Board. Elected officials, including members | 12 | | of a county board, are
also eligible to serve on the board. | 13 | | Members of the board shall serve without
compensation but | 14 | | shall be reimbursed for their actual and necessary
expenses. | 15 | | Any 2 or more municipalities, counties, or combination | 16 | | thereof,
may, instead of establishing
individual boards, | 17 | | establish by intergovernmental agreement a Joint
Emergency | 18 | | Telephone System Board pursuant to this Section. The manner of
| 19 | | appointment of such a joint board shall be prescribed in the | 20 | | agreement. On or after the effective date of this amendatory | 21 | | Act of the 100th General Assembly, any new intergovernmental | 22 | | agreement entered into to establish or join a Joint Emergency | 23 | | Telephone System Board shall provide for the appointment of a | 24 | | PSAP representative to the board. | 25 | | Upon the effective date of this amendatory Act of the 98th | 26 | | General Assembly, appointed members of the Emergency Telephone |
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| 1 | | System Board shall serve staggered 3-year terms if: (1) the | 2 | | Board serves a county with a population of 100,000 or less; and | 3 | | (2) appointments, on the effective date of this amendatory Act | 4 | | of the 98th General Assembly, are not for a stated term. The | 5 | | corporate authorities of the county or municipality shall | 6 | | assign terms to the board members serving on the effective | 7 | | date of this amendatory Act of the 98th General Assembly in the | 8 | | following manner: (1) one-third of board members' terms shall | 9 | | expire on January 1, 2015; (2) one-third of board members' | 10 | | terms shall expire on January 1, 2016; and (3) remaining board | 11 | | members' terms shall expire on January 1, 2017. Board members | 12 | | may be re-appointed upon the expiration of their terms by the | 13 | | corporate authorities of the county or municipality. | 14 | | The corporate authorities of a county or municipality may, | 15 | | by a vote of the majority of the members elected, remove an | 16 | | Emergency Telephone System Board member for misconduct, | 17 | | official misconduct, or neglect of office. | 18 | | (b) The powers and duties of the board shall be defined by | 19 | | ordinance
of the municipality or county, or by | 20 | | intergovernmental agreement in the
case of a joint board. The | 21 | | powers and duties shall include, but need not
be limited to the | 22 | | following: | 23 | | (1) Planning a 9-1-1 system. | 24 | | (2) Coordinating and supervising the implementation, | 25 | | upgrading, or
maintenance of the system, including the | 26 | | establishment of equipment
specifications and coding |
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| 1 | | systems. | 2 | | (3) Receiving moneys
from the surcharge imposed under | 3 | | Section 15.3, or disbursed to it under Section 30, and
| 4 | | from any other source, for deposit into the Emergency | 5 | | Telephone System Fund. | 6 | | (4) Authorizing all disbursements from the fund. | 7 | | (5) Hiring any staff necessary for the implementation | 8 | | or upgrade of the
system. | 9 | | (6) (Blank). | 10 | | (7) Designating a 9-1-1 System Manager, whose duties | 11 | | and responsibilities shall be set forth by the Emergency | 12 | | Telephone System Board in writing. | 13 | | (c) All moneys
received by a board pursuant to a surcharge | 14 | | imposed under
Section 15.3, or disbursed to it under Section | 15 | | 30, shall be deposited into a separate interest-bearing
| 16 | | Emergency Telephone System Fund account. The treasurer of the | 17 | | municipality or
county that has established the board or, in | 18 | | the case of a joint board, any
municipal or county treasurer | 19 | | designated in the intergovernmental agreement,
shall be | 20 | | custodian of the fund. All interest accruing on the fund shall | 21 | | remain
in the fund. No expenditures may be made from such fund | 22 | | except upon the
direction of the board by resolution passed by | 23 | | a majority of all members of the
board. | 24 | | (d) The board shall complete a Master Street Address Guide | 25 | | database before implementation of the
9-1-1 system. The error | 26 | | ratio of the database shall not at any time
exceed 1% of the |
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| 1 | | total database. | 2 | | (e) On and after January 1, 2016, no municipality or | 3 | | county may create an Emergency Telephone System Board unless | 4 | | the board is a Joint Emergency Telephone System Board. The | 5 | | corporate authorities of any county or municipality entering | 6 | | into an intergovernmental agreement to create or join a Joint | 7 | | Emergency Telephone System Board shall rescind an ordinance or | 8 | | ordinances creating a single Emergency Telephone System Board | 9 | | and shall eliminate the single Emergency Telephone System | 10 | | Board, effective upon the creation of the Joint Emergency | 11 | | Telephone System Board, with regulatory approval by the | 12 | | Administrator, or joining of the Joint Emergency Telephone | 13 | | System Board. Nothing in this Section shall be construed to | 14 | | require the dissolution of an Emergency Telephone System Board | 15 | | that is not succeeded by a Joint Emergency Telephone System | 16 | | Board or is not required to consolidate under Section 15.4a of | 17 | | this Act. | 18 | | (f) Within one year after the effective date of this | 19 | | amendatory Act of the 100th General Assembly, any corporate | 20 | | authorities of a county or municipality, other than a | 21 | | municipality with a population of more than 500,000, operating | 22 | | a 9-1-1 system without an Emergency Telephone System Board or | 23 | | Joint Emergency Telephone System Board shall create or join a | 24 | | Joint Emergency Telephone System Board. | 25 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .) |
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| 1 | | (50 ILCS 750/15.4a) | 2 | | (Section scheduled to be repealed on December 31, 2021) | 3 | | Sec. 15.4a. Consolidation. | 4 | | (a) By July 1, 2017, and except as otherwise provided in | 5 | | this Section, Emergency Telephone System Boards, Joint | 6 | | Emergency Telephone System Boards, qualified governmental | 7 | | entities, and PSAPs shall be consolidated as follows, subject | 8 | | to subsections (b) and (c) of this Section: | 9 | | (1) In any county with a population of at least | 10 | | 250,000 that has a single Emergency Telephone System | 11 | | Board , or qualified governmental entity and more than 2 | 12 | | PSAPs, shall reduce the number of PSAPs by at least 50% or | 13 | | to 2 PSAPs, whichever is greater. Nothing in this | 14 | | paragraph shall preclude consolidation resulting in one | 15 | | PSAP in the county. | 16 | | (2) In any county with a population of at least | 17 | | 250,000 that has more than one Emergency Telephone System | 18 | | Board, Joint Emergency Telephone System Board, or | 19 | | qualified governmental entity, any 9-1-1 Authority serving | 20 | | a population of less than 25,000 shall be consolidated | 21 | | such that no 9-1-1 Authority in the county serves a | 22 | | population of less than 25,000. | 23 | | (3) In any county with a population of at least | 24 | | 250,000 but less than 1,000,000 that has more than one | 25 | | Emergency Telephone System Board, Joint Emergency | 26 | | Telephone System Board, or qualified governmental entity, |
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| 1 | | each 9-1-1 Authority shall reduce the number of PSAPs by | 2 | | at least 50% or to 2 PSAPs, whichever is greater. Nothing | 3 | | in this paragraph shall preclude consolidation of a 9-1-1 | 4 | | Authority into a Joint Emergency Telephone System Board, | 5 | | and nothing in this paragraph shall preclude consolidation | 6 | | resulting in one PSAP in the county. | 7 | | (4) In any county with a population of less than | 8 | | 250,000 that has a single Emergency Telephone System Board | 9 | | or qualified governmental entity and more than 2 PSAPs, | 10 | | the 9-1-1 Authority shall reduce the number of PSAPs by at | 11 | | least 50% or to 2 PSAPs, whichever is greater. Nothing in | 12 | | this paragraph shall preclude consolidation resulting in | 13 | | one PSAP in the county. | 14 | | (5) In any county with a population of less than | 15 | | 250,000 that has more than one Emergency Telephone System | 16 | | Board or , Joint Emergency Telephone System Board , or | 17 | | qualified governmental entity and more than 2 PSAPS, the | 18 | | 9-1-1 Authorities shall be consolidated into a single | 19 | | joint board, and the number of PSAPs shall be reduced by at | 20 | | least 50% or to 2 PSAPs, whichever is greater. Nothing in | 21 | | this paragraph shall preclude consolidation resulting in | 22 | | one PSAP in the county. | 23 | | (6) Any 9-1-1 Authority that does not have a PSAP | 24 | | within its jurisdiction shall be consolidated through an | 25 | | intergovernmental agreement with an existing 9-1-1 | 26 | | Authority that has a PSAP to create a Joint Emergency |
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| 1 | | Telephone Board. | 2 | | (7) The corporate authorities of each county that has | 3 | | no 9-1-1 service as of January 1, 2016 shall provide | 4 | | enhanced 9-1-1 wireline and wireless enhanced 9-1-1 | 5 | | service for that county by either (i) entering into an | 6 | | intergovernmental agreement with an existing Emergency | 7 | | Telephone System Board to create a new Joint Emergency | 8 | | Telephone System Board, or (ii) entering into an | 9 | | intergovernmental agreement with the corporate authorities | 10 | | that have created an existing Joint Emergency Telephone | 11 | | System Board. | 12 | | (b) By July 1, 2016, each county required to consolidate | 13 | | pursuant to paragraph (7) of subsection (a) of this Section | 14 | | and each 9-1-1 Authority required to consolidate pursuant to | 15 | | paragraphs (1) through (6) of subsection (a) of this Section | 16 | | shall file a plan for consolidation or a request for a waiver | 17 | | pursuant to subsection (c) of this Section with the Office of | 18 | | the Statewide 9-1-1 Administrator. | 19 | | (1) No county or 9-1-1 Authority may avoid the | 20 | | requirements of this Section by converting primary PSAPs | 21 | | to secondary or virtual answering points ; however a PSAP | 22 | | may be decommissioned. Staff from decommissioned PSAPs may | 23 | | remain to perform non-emergency police, fire, or ems | 24 | | responsibilities . Any county or 9-1-1 Authority not in | 25 | | compliance with this Section shall be ineligible to | 26 | | receive consolidation grant funds issued under Section |
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| 1 | | 15.4b of this Act or monthly disbursements otherwise due | 2 | | under Section 30 of this Act, until the county or 9-1-1 | 3 | | Authority is in compliance. | 4 | | (2) Within 60 calendar days of receiving a | 5 | | consolidation plan or waiver , the Statewide 9-1-1 Advisory | 6 | | Board shall hold at least one public hearing on the plan | 7 | | and provide a recommendation to the Administrator. Notice | 8 | | of the hearing shall be provided to the respective entity | 9 | | to which the plan applies. | 10 | | (3) Within 90 calendar days of receiving a | 11 | | consolidation plan, the Administrator shall approve the | 12 | | plan or waiver , approve the plan as modified, or grant a | 13 | | waiver pursuant to subsection (c) of this Section. In | 14 | | making his or her decision, the Administrator shall | 15 | | consider any recommendation from the Statewide 9-1-1 | 16 | | Advisory Board regarding the plan. If the Administrator | 17 | | does not follow the recommendation of the Board, the | 18 | | Administrator shall provide a written explanation for the | 19 | | deviation in his or her decision. | 20 | | (4) The deadlines provided in this subsection may be | 21 | | extended upon agreement between the Administrator and | 22 | | entity which submitted the plan. | 23 | | (c) A waiver from a consolidation required under | 24 | | subsection (a) of this Section may be granted if the | 25 | | Administrator finds that the consolidation will result in a | 26 | | substantial threat to public safety, is economically |
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| 1 | | unreasonable, or is technically infeasible. | 2 | | (d) Any decision of the Administrator under this Section | 3 | | shall be deemed a final administrative decision and shall be | 4 | | subject to judicial review under the Administrative Review | 5 | | Law.
| 6 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 7 | | (50 ILCS 750/15.6)
| 8 | | (Section scheduled to be repealed on December 31, 2021)
| 9 | | Sec. 15.6. Enhanced 9-1-1 service; business service.
| 10 | | (a) After June 30, 2000, or within 18 months after | 11 | | enhanced 9-1-1 service
becomes available, any entity that | 12 | | installs or operates a private business
switch service and | 13 | | provides telecommunications facilities or services to
| 14 | | businesses shall assure that the system is connected to the | 15 | | public switched
network in a manner that calls to 9-1-1 result | 16 | | in automatic number and location
identification. For buildings | 17 | | having their own street address and containing
workspace of | 18 | | 40,000 square feet or less, location identification shall | 19 | | include
the building's street address. For buildings having | 20 | | their own street
address and containing workspace of more than | 21 | | 40,000 square feet, location
identification shall include the | 22 | | building's street address and one distinct
location | 23 | | identification per 40,000 square feet of workspace. Separate
| 24 | | buildings containing workspace of 40,000 square feet or less | 25 | | having a common
public street address shall have a distinct |
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| 1 | | location identification for each
building in addition to the | 2 | | street address.
| 3 | | (b) Exemptions. Buildings containing workspace of more | 4 | | than 40,000 square
feet are exempt from the multiple location | 5 | | identification requirements of
subsection (a) if the building | 6 | | maintains, at all times, alternative and
adequate means of | 7 | | signaling and responding to emergencies. Those means shall
| 8 | | include, but not be limited to, a telephone system that | 9 | | provides the physical
location of 9-1-1 calls coming from | 10 | | within the building. Health care
facilities are presumed to | 11 | | meet the requirements of this paragraph if the
facilities are | 12 | | staffed with medical or nursing personnel 24 hours per day and
| 13 | | if an alternative means of providing information about the | 14 | | source of an
emergency call exists. Buildings under this | 15 | | exemption must provide 9-1-1
service that provides the | 16 | | building's street address.
| 17 | | Buildings containing workspace of more than 40,000 square | 18 | | feet are exempt
from subsection (a) if the building maintains, | 19 | | at all times, alternative and
adequate means of signaling and | 20 | | responding to emergencies, including a
telephone system that | 21 | | provides the location of a 9-1-1 call coming from within
the | 22 | | building, and the building is serviced by its own medical, | 23 | | fire and
security personnel. Buildings under this exemption | 24 | | are subject to emergency
phone system certification by the | 25 | | Administrator.
| 26 | | Buildings in communities not serviced by enhanced 9-1-1 |
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| 1 | | service are exempt
from subsection (a).
| 2 | | Correctional institutions and facilities, as defined in | 3 | | subsection (d) of
Section 3-1-2 of the Unified Code of | 4 | | Corrections, are exempt from subsection
(a).
| 5 | | (c) This Act does not apply to any PBX telephone extension | 6 | | that uses radio
transmissions to convey electrical signals | 7 | | directly between the telephone
extension and the serving PBX.
| 8 | | (d) An entity that violates this Section is guilty of a | 9 | | business
offense and shall be fined not less than $1,000 and | 10 | | not more than $5,000.
| 11 | | (e) Nothing in this Section shall be
construed to preclude | 12 | | the Attorney General on behalf of the Department or on
his or | 13 | | her own initiative, or any other interested person, from | 14 | | seeking
judicial relief, by mandamus, injunction, or | 15 | | otherwise, to compel compliance
with this Section.
| 16 | | (f) The Department may promulgate rules for the | 17 | | administration of this
Section.
| 18 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
| 19 | | (50 ILCS 750/15.6a) | 20 | | (Section scheduled to be repealed on December 31, 2021) | 21 | | Sec. 15.6a. Wireless emergency 9-1-1 service. | 22 | | (a) The digits "9-1-1" shall be the designated emergency | 23 | | telephone number within the wireless system. | 24 | | (b) The Department may set non-discriminatory and uniform | 25 | | technical and operational standards consistent with the rules |
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| 1 | | of the Federal Communications Commission for directing calls | 2 | | to authorized public safety answering points. These standards | 3 | | shall not in any way prescribe the technology or manner a | 4 | | wireless carrier shall use to deliver wireless 9-1-1 or | 5 | | wireless E9-1-1 calls, and these standards shall not exceed | 6 | | the requirements set by the Federal Communications Commission; | 7 | | however, standards for directing calls to the authorized | 8 | | public safety answering point shall be included. The authority | 9 | | given to the Department in this Section is limited to setting | 10 | | standards as set forth herein and does not constitute | 11 | | authority to regulate wireless carriers. | 12 | | (c) For the purpose of providing wireless 9-1-1 emergency | 13 | | services, an emergency telephone system board or, in the | 14 | | absence of an emergency telephone system board, a qualified | 15 | | governmental entity, may declare its intention for one or more | 16 | | of its public safety answering points to serve as a primary | 17 | | wireless 9-1-1 public safety answering point for its | 18 | | jurisdiction by notifying the Administrator in writing within | 19 | | 6 months after receiving its authority to operate a 9-1-1 | 20 | | system under this Act. In addition, 2 or more emergency | 21 | | telephone system boards or qualified governmental entities | 22 | | may, by virtue of an intergovernmental agreement, provide | 23 | | wireless 9-1-1 service. Until the jurisdiction comes into | 24 | | compliance with Section 15.4a of this Act, the Department of | 25 | | State Police shall be the primary wireless 9-1-1 public safety | 26 | | answering point for any jurisdiction that did not provide |
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| 1 | | notice to the Illinois Commerce Commission and the Department | 2 | | prior to January 1, 2016. | 3 | | (d) The Administrator, upon a request from a qualified | 4 | | governmental entity or an emergency telephone system board and | 5 | | with the advice and recommendation of the Statewide 9-1-1 | 6 | | Advisory Board, may grant authority to the emergency telephone | 7 | | system board or a qualified governmental entity to provide | 8 | | wireless 9-1-1 service in areas for which the Department has | 9 | | accepted wireless 9-1-1 responsibility. The Administrator | 10 | | shall maintain a current list of all 9-1-1 systems and | 11 | | qualified governmental entities providing wireless 9-1-1 | 12 | | service under this Act.
| 13 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .) | 14 | | (50 ILCS 750/15.6b) | 15 | | (Section scheduled to be repealed on December 31, 2021) | 16 | | Sec. 15.6b. Next Generation 9-1-1 service. | 17 | | (a) The Administrator, with the advice and recommendation | 18 | | of the Statewide 9-1-1 Advisory Board, shall develop and | 19 | | implement a plan for a statewide Next Generation 9-1-1 | 20 | | network. The Next Generation 9-1-1 network must be an Internet | 21 | | protocol-based platform that at a minimum provides: | 22 | | (1) improved 9-1-1 call delivery; | 23 | | (2) enhanced interoperability; | 24 | | (3) increased ease of communication between 9-1-1 | 25 | | service providers, allowing immediate transfer of 9-1-1 |
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| 1 | | calls, caller information, photos, and other data | 2 | | statewide; | 3 | | (4) a hosted solution with redundancy built in; and | 4 | | (5) compliance with the most current NENA Standards i3 | 5 | | Solution 08-003 . | 6 | | (b) By July 1, 2016, the Administrator, with the advice | 7 | | and recommendation of the Statewide 9-1-1 Advisory Board, | 8 | | shall design and issue a competitive request for a proposal to | 9 | | secure the services of a consultant to complete a feasibility | 10 | | study on the implementation of a statewide Next Generation | 11 | | 9-1-1 network in Illinois. By July 1, 2017, the consultant | 12 | | shall complete the feasibility study and make recommendations | 13 | | as to the appropriate procurement approach for developing a | 14 | | statewide Next Generation 9-1-1 network. | 15 | | (c) Within 12 months of the final report from the | 16 | | consultant under subsection (b) of this Section, the | 17 | | Department shall procure and finalize a contract with a vendor | 18 | | certified under Section 13-900 of the Public Utilities Act to | 19 | | establish a statewide Next Generation 9-1-1 network. The | 20 | | Illinois State Police, in consultation with and subject to the | 21 | | approval of the Chief Procurement Officer, may procure a | 22 | | single contract or multiple contracts to implement the | 23 | | provisions of this Section. A contract or contracts under this | 24 | | subsection are not subject to the provisions of the Illinois | 25 | | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | 26 | | 20-160 and Article 50 of that Code, provided that the Chief |
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| 1 | | Procurement Officer may, in writing with justification, waive | 2 | | any certification required under Article 50 of the Illinois | 3 | | Procurement Code. This exemption is inoperative 2 years from | 4 | | the effective date of this Amendatory Act of the 102nd General | 5 | | Assembly. Within 18 months of securing the contract By July 1, | 6 | | 2021 , the vendor shall implement a Next Generation 9-1-1 | 7 | | network that allows 9-1-1 systems providing 9-1-1 service to | 8 | | Illinois residents to access the system utilizing their | 9 | | current infrastructure if it meets the standards adopted by | 10 | | the Department.
| 11 | | (Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.) | 12 | | (50 ILCS 750/17.5) | 13 | | (Section scheduled to be repealed on December 31, 2021) | 14 | | Sec. 17.5. Statewide 9-1-1 Call Directory call transfer, | 15 | | forward, or relay . | 16 | | (a) The General Assembly finds the following: | 17 | | (1) Some 9-1-1 systems throughout this State do not | 18 | | have a procedure in place to manually transfer , forward, | 19 | | or relay 9-1-1 calls originating within one 9-1-1 system's | 20 | | jurisdiction, but which should properly be answered and | 21 | | dispatched by another 9-1-1 system, to the appropriate | 22 | | 9-1-1 system for answering and dispatch of first | 23 | | responders. | 24 | | (2) On January 1, 2016, the General Assembly gave | 25 | | oversight authority of 9-1-1 systems to the Department of |
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| 1 | | State Police. | 2 | | (3) Since that date, the Department of State Police | 3 | | has authorized individual 9-1-1 systems in counties and | 4 | | municipalities to implement and upgrade enhanced 9-1-1 | 5 | | systems throughout the State. | 6 | | (b) The Department shall prepare a directory of all | 7 | | authorized 9-1-1 systems in the State. The directory shall | 8 | | include an emergency 24/7 10-digit telephone number for all | 9 | | primary public safety answering points located in each 9-1-1 | 10 | | system to which 9-1-1 calls from another jurisdiction can be | 11 | | transferred. This directory shall be made available to each | 12 | | 9-1-1 authority for its use in establishing standard operating | 13 | | procedures regarding calls outside its 9-1-1 jurisdiction. | 14 | | (c) Each 9-1-1 system shall provide the Department with | 15 | | the following information: | 16 | | (1) The name of the PSAP, a list of every | 17 | | participating agency, and the county the PSAP is in, | 18 | | including college and university public safety entities. | 19 | | (2) The 24/7 10-digit emergency telephone number and | 20 | | email address for the dispatch agency to which 9-1-1 calls | 21 | | originating in another 9-1-1 jurisdiction can be | 22 | | transferred or by which the PSAP can be contacted via | 23 | | email to exchange information. The emergency telephone | 24 | | number must be a direct line that is not answered by an | 25 | | automated system but rather is answered by a person. Each | 26 | | 9-1-1 system shall provide the Department with any changes |
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| 1 | | to the participating agencies and this number and email | 2 | | address immediately upon the change occurring. Each 9-1-1 | 3 | | system shall provide the PSAP information and , the 24/7 | 4 | | 10-digit emergency telephone number and email address to | 5 | | the Manager of the Department's 9-1-1 Program within 30 | 6 | | days of the effective date of this amendatory Act of the | 7 | | 102nd 100th General Assembly. | 8 | | (3) The standard operating procedure describing the | 9 | | manner in which the 9-1-1 system will transfer , forward, | 10 | | or relay 9-1-1 calls originating within its jurisdiction, | 11 | | but which should properly be answered and dispatched by | 12 | | another 9-1-1 system, to the appropriate 9-1-1 system. | 13 | | Each 9-1-1 system shall provide the standard operating | 14 | | procedures to the Manager of the Department's 9-1-1 | 15 | | Program within 180 days after the effective date of this | 16 | | amendatory Act of the 100th General Assembly.
| 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. 100-20, eff. 7-1-17 .) | 25 | | (50 ILCS 750/19) |
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| 1 | | (Section scheduled to be repealed on December 31, 2021) | 2 | | Sec. 19. Statewide 9-1-1 Advisory Board. | 3 | | (a) Beginning July 1, 2015, there is created the Statewide | 4 | | 9-1-1 Advisory Board within the Department of State Police. | 5 | | The Board shall consist of the following 11 voting members: | 6 | | (1) The Director of the State Police, or his or her | 7 | | designee, who shall serve as chairman. | 8 | | (2) The Executive Director of the Commission, or his | 9 | | or her designee. | 10 | | (3) Nine members appointed by the Governor as follows: | 11 | | (A) one member representing the Illinois chapter | 12 | | of the National Emergency Number Association, or his | 13 | | or her designee; | 14 | | (B) one member representing the Illinois chapter | 15 | | of the Association of Public-Safety Communications | 16 | | Officials, or his or her designee; | 17 | | (C) one member representing a county or 9-1-1 | 18 | | Authority system from a county with a population of | 19 | | less than 37,000 50,000 ; | 20 | | (C-5) one member representing a county or 9-1-1 | 21 | | Authority with a population between 37,000 and | 22 | | 100,000; | 23 | | (D) one member representing a county or 9-1-1 | 24 | | Authority system from a county with a population | 25 | | between 100,000 50,000 and 250,000; | 26 | | (E) one member representing a county or 9-1-1 |
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| 1 | | Authority system from a county with a population of | 2 | | more than 250,000; | 3 | | (F) (blank) one member representing a municipality | 4 | | with a population of less than 500,000 in a county with | 5 | | a population in excess of 2,000,000 ; | 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 Television and Communication | 21 | | Association of Illinois ; and (vii) one member representing the | 22 | | Illinois State Ambulance Association. The Speaker of the House | 23 | | of Representatives, the Minority Leader of the House of | 24 | | Representatives, the President of the Senate, and the Minority | 25 | | Leader of the Senate may each appoint a member of the General | 26 | | Assembly to temporarily serve as a non-voting member of the |
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| 1 | | Board during the 12 months prior to the repeal date of this Act | 2 | | to discuss legislative initiatives 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. Non-voting members shall serve for a | 10 | | term of 3 years. Vacancies shall be filled in the same manner | 11 | | as the original appointment. Persons appointed to fill a | 12 | | vacancy shall serve for the balance of the unexpired term. | 13 | | Members of the Statewide 9-1-1 Advisory Board shall serve | 14 | | without compensation. | 15 | | (c) The 9-1-1 Services Advisory Board, as constituted on | 16 | | June 1, 2015 without the legislative members, shall serve in | 17 | | the role of the Statewide 9-1-1 Advisory Board until all | 18 | | appointments of voting members have been made by the Governor | 19 | | under subsection (a) of this Section. | 20 | | (d) The Statewide 9-1-1 Advisory Board shall: | 21 | | (1) advise the Department of State Police and the | 22 | | Statewide 9-1-1 Administrator on the oversight of 9-1-1 | 23 | | systems and the development and implementation of a | 24 | | uniform statewide 9-1-1 system; | 25 | | (2) make recommendations to the Governor and the | 26 | | General Assembly regarding improvements to 9-1-1 services |
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| 1 | | throughout the State; and | 2 | | (3) exercise all other powers and duties provided in | 3 | | this Act. | 4 | | (e) The Statewide 9-1-1 Advisory Board shall submit to the | 5 | | General Assembly a report by March 1 of each year providing an | 6 | | update on the transition to a statewide 9-1-1 system and | 7 | | recommending any legislative action. | 8 | | (f) The Department of State Police shall provide | 9 | | administrative support to the Statewide 9-1-1 Advisory Board.
| 10 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17 .) | 11 | | (50 ILCS 750/20) | 12 | | (Section scheduled to be repealed on December 31, 2021) | 13 | | Sec. 20. Statewide surcharge. | 14 | | (a) On and after January 1, 2016, and except with respect | 15 | | to those customers who are subject to surcharges as provided | 16 | | in Sections 15.3 and 15.3a of this Act, a monthly surcharge | 17 | | shall be imposed on all customers of telecommunications | 18 | | carriers and wireless carriers as follows: | 19 | | (1) Each telecommunications carrier shall impose a | 20 | | monthly surcharge per network connection; provided, | 21 | | however, the monthly surcharge shall not apply to a | 22 | | network connection provided for use with pay telephone | 23 | | services. Where multiple voice grade communications | 24 | | channels are connected between the subscriber's premises | 25 | | and a public switched network through private branch |
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| 1 | | exchange (PBX), Centrex centrex type service, or other | 2 | | multiple voice grade communication channels facility, | 3 | | there shall be imposed 5 such surcharges per network | 4 | | connection for both regular service and advanced service | 5 | | provisioned trunk lines. Until December 31, 2017, the | 6 | | surcharge shall be $0.87 per network connection and on and | 7 | | after January 1, 2018, the surcharge shall be $1.50 per | 8 | | network connection. | 9 | | (2) Each wireless carrier shall impose and collect a | 10 | | monthly surcharge per CMRS connection that either has a | 11 | | telephone number within an area code assigned to Illinois | 12 | | by the North American Numbering Plan Administrator or has | 13 | | a billing address in this State. Until December 31, 2017, | 14 | | the surcharge shall be $0.87 per connection and on and | 15 | | after January 1, 2018, the surcharge shall be $1.50 per | 16 | | connection. | 17 | | (b) State and local taxes shall not apply to the | 18 | | surcharges imposed under this Section. | 19 | | (c) The surcharges imposed by this Section shall be stated | 20 | | as a separately stated item on subscriber bills. | 21 | | (d) The telecommunications carrier collecting the | 22 | | surcharge may deduct and retain 1.74% an amount not to exceed | 23 | | 3% of the gross amount of surcharge collected to reimburse the | 24 | | telecommunications carrier for the expense of accounting and | 25 | | collecting the surcharge. On and after July 1, 2022, the | 26 | | wireless carrier collecting a surcharge under this Section may |
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| 1 | | deduct and retain 1.74% an amount not to exceed 3% of the gross | 2 | | amount of the surcharge collected to reimburse the wireless | 3 | | carrier for the expense of accounting and collecting the | 4 | | surcharge. | 5 | | (d-5) Notwithstanding the provisions of subsection (d) of | 6 | | this Section, an amount not greater than 2.5% may be deducted | 7 | | and retained if the telecommunications or wireless carrier can | 8 | | support through documentation, expenses that exceed the 1.74% | 9 | | allowed. The documentation shall be submitted to the Illinois | 10 | | State Police and input obtained from the Statewide 9-1-1 | 11 | | Advisory Board prior to approval of the deduction. | 12 | | (e) Surcharges imposed under this Section shall be | 13 | | collected by the carriers and shall be remitted to the | 14 | | Department, either by check or electronic funds transfer, by | 15 | | the end of the next calendar month after the calendar month in | 16 | | which it was collected for deposit into the Statewide 9-1-1 | 17 | | Fund. Carriers are not required to remit surcharge moneys that | 18 | | are billed to subscribers but not yet collected. | 19 | | The first remittance by wireless carriers shall include | 20 | | the number of subscribers by zip code, and the 9-digit zip code | 21 | | if currently being used or later implemented by the carrier, | 22 | | that shall be the means by which the Department shall | 23 | | determine distributions from the Statewide 9-1-1 Fund. This | 24 | | information shall be updated at least once each year. Any | 25 | | carrier that fails to provide the zip code information | 26 | | required under this subsection (e) shall be subject to the |
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| 1 | | penalty set forth in subsection (g) of this Section. | 2 | | (f) If, within 8 calendar days after it is due under | 3 | | subsection (e) of this Section, a carrier does not remit the | 4 | | surcharge or any portion thereof required under this Section, | 5 | | then the surcharge or portion thereof shall be deemed | 6 | | delinquent until paid in full, and the Department may impose a | 7 | | penalty against the carrier in an amount equal to the greater | 8 | | of: | 9 | | (1) $25 for each month or portion of a month from the | 10 | | time an amount becomes delinquent until the amount is paid | 11 | | in full; or | 12 | | (2) an amount equal to the product of 1% and the sum of | 13 | | all delinquent amounts for each month or portion of a | 14 | | month that the delinquent amounts remain unpaid. | 15 | | A penalty imposed in accordance with this subsection (f) | 16 | | for a portion of a month during which the carrier pays the | 17 | | delinquent amount in full shall be prorated for each day of | 18 | | that month that the delinquent amount was paid in full. Any | 19 | | penalty imposed under this subsection (f) is in addition to | 20 | | the amount of the delinquency and is in addition to any other | 21 | | penalty imposed under this Section. | 22 | | (g) If, within 8 calendar days after it is due, a wireless | 23 | | carrier does not provide the number of subscribers by zip code | 24 | | as required under subsection (e) of this Section, then the | 25 | | report is deemed delinquent and the Department may impose a | 26 | | penalty against the carrier in an amount equal to the greater |
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| 1 | | of: | 2 | | (1) $25 for each month or portion of a month that the | 3 | | report is delinquent; or | 4 | | (2) an amount equal to the product of $0.01 and the | 5 | | number of subscribers served by the carrier for each month | 6 | | or portion of a month that the delinquent report is not | 7 | | provided. | 8 | | A penalty imposed in accordance with this subsection (g) | 9 | | for a portion of a month during which the carrier provides the | 10 | | number of subscribers by zip code as required under subsection | 11 | | (e) of this Section shall be prorated for each day of that | 12 | | month during which the carrier had not provided the number of | 13 | | subscribers by zip code as required under subsection (e) of | 14 | | this Section. Any penalty imposed under this subsection (g) is | 15 | | in addition to any other penalty imposed under this Section. | 16 | | (h) A penalty imposed and collected in accordance with | 17 | | subsection (f) or (g) of this Section shall be deposited into | 18 | | the Statewide 9-1-1 Fund for distribution according to Section | 19 | | 30 of this Act. | 20 | | (i) The Department may enforce the collection of any | 21 | | delinquent amount and any penalty due and unpaid under this | 22 | | Section by legal action or in any other manner by which the | 23 | | collection of debts due the State of Illinois may be enforced | 24 | | under the laws of this State. The Department may excuse the | 25 | | payment of any penalty imposed under this Section if the | 26 | | Administrator determines that the enforcement of this penalty |
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| 1 | | is unjust. | 2 | | (j) Notwithstanding any provision of law to the contrary, | 3 | | nothing shall impair the right of wireless carriers to recover | 4 | | compliance costs for all emergency communications services | 5 | | that are not reimbursed out of the Wireless Carrier | 6 | | Reimbursement Fund directly from their wireless subscribers by | 7 | | line-item charges on the wireless subscriber's bill. Those | 8 | | compliance costs include all costs incurred by wireless | 9 | | carriers in complying with local, State, and federal | 10 | | regulatory or legislative mandates that require the | 11 | | transmission and receipt of emergency communications to and | 12 | | from the general public, including, but not limited to, | 13 | | E9-1-1.
| 14 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .) | 15 | | (50 ILCS 750/30) | 16 | | (Section scheduled to be repealed on December 31, 2021) | 17 | | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | 18 | | (a) A special fund in the State treasury known as the | 19 | | Wireless Service Emergency Fund shall be renamed the Statewide | 20 | | 9-1-1 Fund. Any appropriations made from the Wireless Service | 21 | | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | 22 | | The Fund shall consist of the following: | 23 | | (1) 9-1-1 wireless surcharges assessed under the | 24 | | Wireless Emergency Telephone Safety Act. | 25 | | (2) 9-1-1 surcharges assessed under Section 20 of this |
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| 1 | | Act. | 2 | | (3) Prepaid wireless 9-1-1 surcharges assessed under | 3 | | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | 4 | | (4) Any appropriations, grants, or gifts made to the | 5 | | Fund. | 6 | | (5) Any income from interest, premiums, gains, or | 7 | | other earnings on moneys in the Fund. | 8 | | (6) Money from any other source that is deposited in | 9 | | or transferred to the Fund. | 10 | | (b) Subject to appropriation and availability of funds, | 11 | | the Department shall distribute the 9-1-1 surcharges monthly | 12 | | as follows: | 13 | | (1) From each surcharge collected and remitted under | 14 | | Section 20 of this Act: | 15 | | (A) $0.013 shall be distributed monthly in equal | 16 | | amounts to each County Emergency Telephone System | 17 | | Board or qualified governmental entity in counties | 18 | | with a population under 100,000 according to the most | 19 | | recent census data which is authorized to serve as a | 20 | | primary wireless 9-1-1 public safety answering point | 21 | | for the county and to provide wireless 9-1-1 service | 22 | | as prescribed by subsection (b) of Section 15.6a of | 23 | | this Act, and which does provide such service. | 24 | | (B) $0.033 shall be transferred by the Comptroller | 25 | | at the direction of the Department to the Wireless | 26 | | Carrier Reimbursement Fund until June 30, 2017; from |
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| 1 | | July 1, 2017 through June 30, 2018, $0.026 shall be | 2 | | transferred; from July 1, 2018 through June 30, 2019, | 3 | | $0.020 shall be transferred; from July 1, 2019, | 4 | | through June 30, 2020, $0.013 shall be transferred; | 5 | | from July 1, 2020 through June 30, 2021, $0.007 will be | 6 | | transferred; and after June 30, 2021, no transfer | 7 | | shall be made to the Wireless Carrier Reimbursement | 8 | | Fund. | 9 | | (C) Until December 31, 2017, $0.007 and on and | 10 | | after January 1, 2018, $0.017 shall be used to cover | 11 | | the Department's administrative costs. | 12 | | (D) Beginning January 1, 2018, until June 30, | 13 | | 2020, $0.12, and on and after July 1, 2020, $0.04 shall | 14 | | be used to make monthly proportional grants to the | 15 | | appropriate 9-1-1 Authority currently taking wireless | 16 | | 9-1-1 based upon the United States Postal Zip Code of | 17 | | the billing addresses of subscribers wireless | 18 | | carriers. | 19 | | (E) Until June 30, 2023 2021 , $0.05 shall be used | 20 | | by the Department for grants for NG9-1-1 expenses, | 21 | | with priority given to 9-1-1 Authorities that provide | 22 | | 9-1-1 service within the territory of a Large Electing | 23 | | Provider as defined in Section 13-406.1 of the Public | 24 | | Utilities Act. | 25 | | (F) On and after July 1, 2020, $0.13 shall be used | 26 | | for the implementation of and continuing expenses for |
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| 1 | | the Statewide NG9-1-1 system. | 2 | | (2) After disbursements under paragraph (1) of this | 3 | | subsection (b), all remaining funds in the Statewide 9-1-1 | 4 | | Fund shall be disbursed in the following priority order: | 5 | | (A) The Fund shall pay monthly to: | 6 | | (i) the 9-1-1 Authorities that imposed | 7 | | surcharges under Section 15.3 of this Act and were | 8 | | required to report to the Illinois Commerce | 9 | | Commission under Section 27 of the Wireless | 10 | | Emergency Telephone Safety Act on October 1, 2014, | 11 | | except a 9-1-1 Authority in a municipality with a | 12 | | population in excess of 500,000, an amount equal | 13 | | to the average monthly wireline and VoIP surcharge | 14 | | revenue attributable to the most recent 12-month | 15 | | period reported to the Department under that | 16 | | Section for the October 1, 2014 filing, subject to | 17 | | the power of the Department to investigate the | 18 | | amount reported and adjust the number by order | 19 | | under Article X of the Public Utilities Act, so | 20 | | that the monthly amount paid under this item | 21 | | accurately reflects one-twelfth of the aggregate | 22 | | wireline and VoIP surcharge revenue properly | 23 | | attributable to the most recent 12-month period | 24 | | reported to the Commission; or | 25 | | (ii) county qualified governmental entities | 26 | | that did not impose a surcharge under Section 15.3 |
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| 1 | | as of December 31, 2015, and counties that did not | 2 | | impose a surcharge as of June 30, 2015, an amount | 3 | | equivalent to their population multiplied by .37 | 4 | | multiplied by the rate of $0.69; counties that are | 5 | | not county qualified governmental entities and | 6 | | that did not impose a surcharge as of December 31, | 7 | | 2015, shall not begin to receive the payment | 8 | | provided for in this subsection until E9-1-1 and | 9 | | wireless E9-1-1 services are provided within their | 10 | | counties; or | 11 | | (iii) counties without 9-1-1 service that had | 12 | | a surcharge in place by December 31, 2015, an | 13 | | amount equivalent to their population multiplied | 14 | | by .37 multiplied by their surcharge rate as | 15 | | established by the referendum. | 16 | | (B) All 9-1-1 network costs for systems outside of | 17 | | municipalities with a population of at least 500,000 | 18 | | shall be paid by the Department directly to the | 19 | | vendors. | 20 | | (C) All expenses incurred by the Administrator and | 21 | | the Statewide 9-1-1 Advisory Board and costs | 22 | | associated with procurement under Section 15.6b | 23 | | including requests for information and requests for | 24 | | proposals. | 25 | | (D) Funds may be held in reserve by the Statewide | 26 | | 9-1-1 Advisory Board and disbursed by the Department |
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| 1 | | for grants under Section 15.4b of this Act and for | 2 | | NG9-1-1 expenses up to $12.5 million per year in State | 3 | | fiscal years 2016 and 2017; up to $20 million in State | 4 | | fiscal year 2018; up to $20.9 million in State fiscal | 5 | | year 2019; up to $15.3 million in State fiscal year | 6 | | 2020; up to $16.2 million in State fiscal year 2021; up | 7 | | to $23.1 million in State fiscal year 2022; and up to | 8 | | $17.0 million per year for State fiscal year 2023 and | 9 | | each year thereafter. The amount held in reserve in | 10 | | State fiscal years 2021, 2022, and 2023 2018 and 2019 | 11 | | shall not be less than $6.5 million. Disbursements | 12 | | under this subparagraph (D) shall be prioritized as | 13 | | follows: (i) consolidation grants prioritized under | 14 | | subsection (a) of Section 15.4b of this Act; (ii) | 15 | | NG9-1-1 expenses; and (iii) consolidation grants under | 16 | | Section 15.4b of this Act for consolidation expenses | 17 | | incurred between January 1, 2010, and January 1, 2016. | 18 | | (E) All remaining funds per remit month shall be | 19 | | used to make monthly proportional grants to the | 20 | | appropriate 9-1-1 Authority currently taking wireless | 21 | | 9-1-1 based upon the United States Postal Zip Code of | 22 | | the billing addresses of subscribers of wireless | 23 | | carriers. | 24 | | (c) The moneys deposited into the Statewide 9-1-1 Fund | 25 | | under this Section shall not be subject to administrative | 26 | | charges or chargebacks unless otherwise authorized by this |
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| 1 | | Act. | 2 | | (d) Whenever two or more 9-1-1 Authorities consolidate, | 3 | | the resulting Joint Emergency Telephone System Board shall be | 4 | | entitled to the monthly payments that had theretofore been | 5 | | made to each consolidating 9-1-1 Authority. Any reserves held | 6 | | by any consolidating 9-1-1 Authority shall be transferred to | 7 | | the resulting Joint Emergency Telephone System Board. Whenever | 8 | | a county that has no 9-1-1 service as of January 1, 2016 enters | 9 | | into an agreement to consolidate to create or join a Joint | 10 | | Emergency Telephone System Board, the Joint Emergency | 11 | | Telephone System Board shall be entitled to the monthly | 12 | | payments that would have otherwise been paid to the county if | 13 | | it had provided 9-1-1 service.
| 14 | | (Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.) | 15 | | (50 ILCS 750/40) | 16 | | (Section scheduled to be repealed on December 31, 2021) | 17 | | Sec. 40. Financial reports. | 18 | | (a) The Department shall create uniform accounting | 19 | | procedures, with such modification as may be required to give | 20 | | effect to statutory provisions applicable only to | 21 | | municipalities with a population in excess of 500,000, that | 22 | | any emergency telephone system board , qualified governmental | 23 | | entity, or unit of local government receiving surcharge money | 24 | | pursuant to Section 15.3, 15.3a, or 30 of this Act must follow. | 25 | | (b) By January 31, 2018, and every January 31 thereafter, |
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| 1 | | each emergency telephone system board , qualified governmental | 2 | | entity, or unit of local government receiving surcharge money | 3 | | pursuant to Section 15.3, 15.3a, or 30 shall report to the | 4 | | Department audited financial statements showing total revenue | 5 | | and expenditures for the period beginning with the end of the | 6 | | period covered by the last submitted report through the end of | 7 | | the previous calendar year in a form and manner as prescribed | 8 | | by the Department. Such financial information shall include: | 9 | | (1) a detailed summary of revenue from all sources | 10 | | including, but not limited to, local, State, federal, and | 11 | | private revenues, and any other funds received; | 12 | | (2) all expenditures made during the reporting period | 13 | | from distributions under this Act; | 14 | | (3) call data and statistics, when available, from the | 15 | | reporting period, as specified by the Department and | 16 | | collected in accordance with any reporting method | 17 | | established or required by the Department; | 18 | | (4) all costs associated with dispatching appropriate | 19 | | public safety agencies to respond to 9-1-1 calls received | 20 | | by the PSAP; and | 21 | | (5) all funding sources and amounts of funding used | 22 | | for costs described in paragraph (4) of this subsection | 23 | | (b). | 24 | | The emergency telephone system board , qualified | 25 | | governmental entity, or unit of local government is | 26 | | responsible for any costs associated with auditing such |
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| 1 | | financial statements. The Department shall post the audited | 2 | | financial statements on the Department's website. | 3 | | (c) Along with its audited financial statement, each | 4 | | emergency telephone system board , qualified governmental | 5 | | entity, or unit of local government receiving a grant under | 6 | | Section 15.4b of this Act shall include a report of the amount | 7 | | of grant moneys received and how the grant moneys were used. In | 8 | | case of a conflict between this requirement and the Grant | 9 | | Accountability and Transparency Act, or with the rules of the | 10 | | Governor's Office of Management and Budget adopted thereunder, | 11 | | that Act and those rules shall control. | 12 | | (d) If an emergency telephone system board or qualified | 13 | | governmental entity that receives funds from the Statewide | 14 | | 9-1-1 Fund fails to file the 9-1-1 system financial reports as | 15 | | required under this Section, the Department shall suspend and | 16 | | withhold monthly disbursements otherwise due to the emergency | 17 | | telephone system board or qualified governmental entity under | 18 | | Section 30 of this Act until the report is filed. | 19 | | Any monthly disbursements that have been withheld for 12 | 20 | | months or more shall be forfeited by the emergency telephone | 21 | | system board or qualified governmental entity and shall be | 22 | | distributed proportionally by the Department to compliant | 23 | | emergency telephone system boards and qualified governmental | 24 | | entities that receive funds from the Statewide 9-1-1 Fund. | 25 | | Any emergency telephone system board or qualified | 26 | | governmental entity not in compliance with this Section shall |
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| 1 | | be ineligible to receive any consolidation grant or | 2 | | infrastructure grant issued under this Act. | 3 | | (e) The Department may adopt emergency rules necessary to | 4 | | implement the provisions of this Section.
| 5 | | (f) Any findings or decisions of the Department under this | 6 | | Section shall be deemed a final administrative decision and | 7 | | shall be subject to judicial review under the Administrative | 8 | | Review Law. | 9 | | (g) Beginning October 1, 2017, the Department shall | 10 | | provide a quarterly report to the Statewide 9-1-1 Advisory | 11 | | Board of its expenditures from the Statewide 9-1-1 Fund for | 12 | | the prior fiscal quarter. | 13 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .) | 14 | | (50 ILCS 750/45) | 15 | | (Section scheduled to be repealed on December 31, 2021) | 16 | | Sec. 45. Wireless Carrier Reimbursement Fund. | 17 | | (a) A special fund in the State treasury known as the | 18 | | Wireless Carrier Reimbursement Fund, which was created | 19 | | previously under Section 30 of the Wireless Emergency | 20 | | Telephone Safety Act, shall continue in existence without | 21 | | interruption notwithstanding the repeal of that Act. Moneys in | 22 | | the Wireless Carrier Reimbursement Fund may be used, subject | 23 | | to appropriation, only (i) to reimburse wireless carriers for | 24 | | all of their costs incurred in complying with the applicable | 25 | | provisions of Federal Communications Commission wireless |
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| 1 | | enhanced 9-1-1 service mandates, and (ii) to pay the | 2 | | reasonable and necessary costs of the Illinois Commerce | 3 | | Commission in exercising its rights, duties, powers, and | 4 | | functions under this Act. This reimbursement to wireless | 5 | | carriers may include, but need not be limited to, the cost of | 6 | | designing, upgrading, purchasing, leasing, programming, | 7 | | installing, testing, and maintaining necessary data, hardware, | 8 | | and software and associated operating and administrative costs | 9 | | and overhead. | 10 | | (b) To recover costs from the Wireless Carrier | 11 | | Reimbursement Fund, the wireless carrier shall submit sworn | 12 | | invoices to the Illinois Commerce Commission. In no event may | 13 | | any invoice for payment be approved for (i) costs that are not | 14 | | related to compliance with the requirements established by the | 15 | | wireless enhanced 9-1-1 mandates of the Federal Communications | 16 | | Commission, or (ii) costs with respect to any wireless | 17 | | enhanced 9-1-1 service that is not operable at the time the | 18 | | invoice is submitted. | 19 | | (c) If in any month the total amount of invoices submitted | 20 | | to the Illinois Commerce Commission and approved for payment | 21 | | exceeds the amount available in the Wireless Carrier | 22 | | Reimbursement Fund, wireless carriers that have invoices | 23 | | approved for payment shall receive a pro-rata share of the | 24 | | amount available in the Wireless Carrier Reimbursement Fund | 25 | | based on the relative amount of their approved invoices | 26 | | available that month, and the balance of the payments shall be |
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| 1 | | carried into the following months until all of the approved | 2 | | payments are made. | 3 | | (d) A wireless carrier may not receive payment from the | 4 | | Wireless Carrier Reimbursement Fund for its costs of providing | 5 | | wireless enhanced 9-1-1 services in an area when a unit of | 6 | | local government or emergency telephone system board provides | 7 | | wireless 9-1-1 services in that area and was imposing and | 8 | | collecting a wireless carrier surcharge prior to July 1, 1998. | 9 | | (e) The Illinois Commerce Commission shall maintain | 10 | | detailed records of all receipts and disbursements and shall | 11 | | provide an annual accounting of all receipts and disbursements | 12 | | to the Auditor General. | 13 | | (f) The Illinois Commerce Commission must annually review | 14 | | the balance in the Wireless Carrier Reimbursement Fund as of | 15 | | June 30 of each year and shall direct the Comptroller to | 16 | | transfer into the Statewide 9-1-1 Fund for distribution in | 17 | | accordance with subsection (b) of Section 30 of this Act any | 18 | | amount in excess of outstanding invoices as of June 30 of each | 19 | | year. | 20 | | (g) The Illinois Commerce Commission shall adopt rules to | 21 | | govern the reimbursement process.
| 22 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .) | 23 | | (50 ILCS 750/99) | 24 | | (Section scheduled to be repealed on December 31, 2021) | 25 | | Sec. 99. Repealer. This Act is repealed on December 31, |
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| 1 | | 2023 2021 .
| 2 | | (Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
| 3 | | (50 ILCS 750/9 rep.)
| 4 | | (50 ILCS 750/13 rep.)
| 5 | | (50 ILCS 750/17 rep.) | 6 | | Section 10. The Emergency Telephone System Act is amended | 7 | | by repealing Sections 9, 13, and 17. | 8 | | Section 15. The Department of State Police Law of the
| 9 | | Civil Administrative Code of Illinois is amended by changing | 10 | | Section 2605-53 as follows: | 11 | | (20 ILCS 2605/2605-53) | 12 | | Sec. 2605-53. 9-1-1 system; sexual assault and sexual | 13 | | abuse. | 14 | | (a) The Office of the Statewide 9-1-1 Administrator, in | 15 | | consultation with the Office of the Attorney General and the | 16 | | Illinois Law Enforcement Training Standards Board, shall: | 17 | | (1) develop comprehensive guidelines for | 18 | | evidence-based, trauma-informed, victim-centered handling | 19 | | of sexual assault or sexual abuse calls by Public Safety | 20 | | Answering Point tele-communicators; and | 21 | | (2) adopt rules and minimum standards for an | 22 | | evidence-based, trauma-informed, victim-centered training | 23 | | curriculum for handling of sexual assault or sexual abuse |
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| 1 | | calls for Public Safety Answering Point tele-communicators | 2 | | ("PSAP"). | 3 | | (a-5) Within one year after the effective date of this | 4 | | amendatory Act of the 102nd General Assembly, the Office of | 5 | | the Statewide 9-1-1 Administrator, in consultation with the | 6 | | Statewide 9-1-1 Advisory Board, shall: | 7 | | (1) develop comprehensive guidelines for training on | 8 | | emergency dispatch procedures, including but not limited | 9 | | to emergency medical dispatch, and the delivery of 9-1-1 | 10 | | services and professionalism for public safety | 11 | | telecommunicators and public safety telecommunicator | 12 | | supervisors; and | 13 | | (2) adopt rules and minimum standards for continuing | 14 | | education on emergency dispatch procedures, including but | 15 | | not limited to emergency medical dispatch, and the | 16 | | delivery of 9-1-1 services and professionalism for public | 17 | | safety telecommunicators and public safety | 18 | | telecommunicator Supervisors; and | 19 | | (a-10) The Office of the Statewide 9-1-1 Administrator may | 20 | | as necessary establish by rule appropriate testing and | 21 | | certification processes consistent with the training required | 22 | | by this Section. | 23 | | (b) Training requirements: | 24 | | (1) Newly hired PSAP tele-communicators must complete | 25 | | the sexual assault and sexual abuse training curriculum | 26 | | established in subsection (a) of this Section prior to |
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| 1 | | handling emergency calls. | 2 | | (2) All existing PSAP tele-communicators shall | 3 | | complete the sexual assault and sexual abuse training | 4 | | curriculum established in subsection (a) of this Section | 5 | | within 2 years of the effective date of this amendatory | 6 | | Act of the 99th General Assembly.
| 7 | | (3) Newly hired public safety telecommunicators shall | 8 | | complete the emergency dispatch procedures training | 9 | | curriculum established in subsection (a-5) of this Section | 10 | | prior to independently handling emergency calls within one | 11 | | year of the Statewide 9-1-1 Administrator establishing the | 12 | | required guidelines, rules, and standards. | 13 | | (4) All public safety telecommunicators and public | 14 | | safety telecommunicator supervisors who were not required | 15 | | to complete new hire training prior to handling emergency | 16 | | calls, must either demonstrate proficiency or complete the | 17 | | training established in subsection (a-5) of this Section | 18 | | within one year of the Statewide 9-1-1 Administrator | 19 | | establishing the required guidelines, rules, and | 20 | | standards. | 21 | | (5) Upon completion of the training required in either | 22 | | paragraph (3) or (4) of subsection (b) whichever is | 23 | | applicable, all public safety telecommunicators and public | 24 | | safety telecommunicator supervisors shall complete the | 25 | | continuing education training regarding the delivery of | 26 | | 9-1-1 services and professionalism biennially. |
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| 1 | | (c) The Illinois State Police may adopt rules for the | 2 | | administration of this Section. | 3 | | (Source: P.A. 99-801, eff. 1-1-17 .) | 4 | | Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is | 5 | | amended by changing Section 15 as follows: | 6 | | (50 ILCS 753/15)
| 7 | | Sec. 15. Prepaid wireless 9-1-1 surcharge. | 8 | | (a) Until September 30, 2015, there is hereby imposed on | 9 | | consumers a prepaid wireless 9-1-1 surcharge of 1.5% per | 10 | | retail transaction. Beginning October 1, 2015, the prepaid | 11 | | wireless 9-1-1 surcharge shall be 3% per retail transaction.
| 12 | | The surcharge authorized by this subsection (a) does not apply | 13 | | in a home rule municipality having a population in excess of | 14 | | 500,000. | 15 | | (a-5) On or after the effective date of this amendatory | 16 | | Act of the 98th General Assembly and until December 31, 2023 | 17 | | 2020 , a home rule municipality having a population in excess | 18 | | of 500,000 on the effective date of this amendatory Act may | 19 | | impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per | 20 | | retail transaction sourced to that jurisdiction and collected | 21 | | and remitted in accordance with the provisions of subsection | 22 | | (b-5) of this Section. On or after January 1, 2021, a home rule | 23 | | municipality having a population in excess of 500,000 on the | 24 | | effective date of this Act may only impose a prepaid wireless |
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| 1 | | 9-1-1 surcharge not to exceed 7% per retail transaction | 2 | | sourced to that jurisdiction and collected and remitted in | 3 | | accordance with the provisions of subsection (b-5). | 4 | | (b) The prepaid wireless 9-1-1 surcharge shall be | 5 | | collected by the seller from the consumer with respect to each | 6 | | retail transaction occurring in this State and shall be | 7 | | remitted to the Department by the seller as provided in this | 8 | | Act. The amount of the prepaid wireless 9-1-1 surcharge shall | 9 | | be separately stated as a distinct item apart from the charge | 10 | | for the prepaid wireless telecommunications service on an | 11 | | invoice, receipt, or other similar document that is provided | 12 | | to the consumer by the seller or shall be otherwise disclosed | 13 | | to the consumer.
If the seller does not separately state the | 14 | | surcharge as a distinct item to the consumer as provided in | 15 | | this Section, then the seller shall maintain books and records | 16 | | as required by this Act which clearly identify the amount of | 17 | | the 9-1-1 surcharge for retail transactions. | 18 | | For purposes of this subsection (b), a retail transaction | 19 | | occurs in this State if (i) the retail transaction is made in | 20 | | person by a consumer at the seller's business location and the | 21 | | business is located within the State; (ii) the seller is a | 22 | | provider and sells prepaid wireless telecommunications service | 23 | | to a consumer located in Illinois; (iii) the retail | 24 | | transaction is treated as occurring in this State for purposes | 25 | | of the Retailers' Occupation Tax Act; or (iv) a seller that is | 26 | | included within the definition of a "retailer maintaining a |
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| 1 | | place of business in this State" under Section 2 of the Use Tax | 2 | | Act makes a sale of prepaid wireless telecommunications | 3 | | service to a consumer located in Illinois. In the case of a | 4 | | retail transaction which does not occur in person at a | 5 | | seller's business location, if a consumer uses a credit card | 6 | | to purchase prepaid wireless telecommunications service | 7 | | on-line or over the telephone, and no product is shipped to the | 8 | | consumer, the transaction occurs in this State if the billing | 9 | | address for the consumer's credit card is in this State. | 10 | | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | 11 | | subsection (a-5) of this Section shall be collected by the | 12 | | seller from the consumer with respect to each retail | 13 | | transaction occurring in the municipality imposing the | 14 | | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | 15 | | shall be separately stated on an invoice, receipt, or other | 16 | | similar document that is provided to the consumer by the | 17 | | seller or shall be otherwise disclosed to the consumer. If the | 18 | | seller does not separately state the surcharge as a distinct | 19 | | item to the consumer as provided in this Section, then the | 20 | | seller shall maintain books and records as required by this | 21 | | Act which clearly identify the amount of the 9-1-1 surcharge | 22 | | for retail transactions. | 23 | | For purposes of this subsection (b-5), a retail | 24 | | transaction occurs in the municipality if (i) the retail | 25 | | transaction is made in person by a consumer at the seller's | 26 | | business location and the business is located within the |
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| 1 | | municipality; (ii) the seller is a provider and sells prepaid | 2 | | wireless telecommunications service to a consumer located in | 3 | | the municipality; (iii) the retail transaction is treated as | 4 | | occurring in the municipality for purposes of the Retailers' | 5 | | Occupation Tax Act; or (iv) a seller that is included within | 6 | | the definition of a "retailer maintaining a place of business | 7 | | in this State" under Section 2 of the Use Tax Act makes a sale | 8 | | of prepaid wireless telecommunications service to a consumer | 9 | | located in the municipality. In the case of a retail | 10 | | transaction which does not occur in person at a seller's | 11 | | business location, if a consumer uses a credit card to | 12 | | purchase prepaid wireless telecommunications service on-line | 13 | | or over the telephone, and no product is shipped to the | 14 | | consumer, the transaction occurs in the municipality if the | 15 | | billing address for the consumer's credit card is in the | 16 | | municipality. | 17 | | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | 18 | | consumer and not on any provider. The seller shall be liable to | 19 | | remit all prepaid wireless 9-1-1 surcharges that the seller | 20 | | collects from consumers as provided in Section 20, including | 21 | | all such surcharges that the seller is deemed to collect where | 22 | | the amount of the surcharge has not been separately stated on | 23 | | an invoice, receipt, or other similar document provided to the | 24 | | consumer by the seller.
The surcharge collected or deemed | 25 | | collected by a seller shall constitute a debt owed by the | 26 | | seller to this State, and any such surcharge actually |
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| 1 | | collected shall be held in trust for the benefit of the | 2 | | Department. | 3 | | For purposes of this subsection (c), the surcharge shall | 4 | | not be imposed or collected from entities that have an active | 5 | | tax exemption identification number issued by the Department | 6 | | under Section 1g of the Retailers' Occupation Tax Act. | 7 | | (d) The amount of the prepaid wireless 9-1-1 surcharge | 8 | | that is collected by a seller from a consumer, if such amount | 9 | | is separately stated on an invoice, receipt, or other similar | 10 | | document provided to the consumer by the seller, shall not be | 11 | | included in the base for measuring any tax, fee, surcharge, or | 12 | | other charge that is imposed by this State, any political | 13 | | subdivision of this State, or any intergovernmental agency.
| 14 | | (e) (Blank).
| 15 | | (e-5) Any changes in the rate of the surcharge imposed by a | 16 | | municipality under the authority granted in subsection (a-5) | 17 | | of this Section shall be effective on the first day of the | 18 | | first calendar month to occur at least 60 days after the | 19 | | enactment of the change. The Department shall provide not less | 20 | | than 30 days' notice of the increase or reduction in the rate | 21 | | of such surcharge on the Department's website. | 22 | | (f) When prepaid wireless telecommunications service is | 23 | | sold with one or more other products or services for a single, | 24 | | non-itemized price, then the percentage specified in | 25 | | subsection (a) or (a-5) of this Section 15 shall be applied to | 26 | | the entire non-itemized price unless the seller elects to |
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| 1 | | apply the percentage to (i) the dollar amount of the prepaid | 2 | | wireless telecommunications service if that dollar amount is | 3 | | disclosed to the consumer or (ii) the portion of the price that | 4 | | is attributable to the prepaid wireless telecommunications | 5 | | service if the retailer can identify that portion by | 6 | | reasonable and verifiable standards from its books and records | 7 | | that are kept in the regular course of business for other | 8 | | purposes, including, but not limited to, books and records | 9 | | that are kept for non-tax purposes. However, if a minimal | 10 | | amount of prepaid wireless telecommunications service is sold | 11 | | with a prepaid wireless device for a single, non-itemized | 12 | | price, then the seller may elect not to apply the percentage | 13 | | specified in subsection (a) or (a-5) of this Section 15 to such | 14 | | transaction. For purposes of this subsection, an amount of | 15 | | service denominated as 10 minutes or less or $5 or less is | 16 | | considered minimal.
| 17 | | (g) The prepaid wireless 9-1-1 surcharge imposed under | 18 | | subsections (a) and (a-5) of this Section is not imposed on the | 19 | | provider or the consumer for wireless Lifeline service where | 20 | | the consumer does not pay the provider for the service. Where | 21 | | the consumer purchases from the provider optional minutes, | 22 | | texts, or other services in addition to the federally funded | 23 | | Lifeline benefit, a consumer must pay the prepaid wireless | 24 | | 9-1-1 surcharge, and it must be collected by the seller | 25 | | according to subsection (b-5). | 26 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 50 ILCS 750/2 | from Ch. 134, par. 32 | | 4 | | 50 ILCS 750/3 | from Ch. 134, par. 33 | | 5 | | 50 ILCS 750/4 | from Ch. 134, par. 34 | | 6 | | 50 ILCS 750/5 | from Ch. 134, par. 35 | | 7 | | 50 ILCS 750/6 | from Ch. 134, par. 36 | | 8 | | 50 ILCS 750/6.1 | from Ch. 134, par. 36.1 | | 9 | | 50 ILCS 750/6.2 new | | | 10 | | 50 ILCS 750/7 | from Ch. 134, par. 37 | | 11 | | 50 ILCS 750/7.1 new | | | 12 | | 50 ILCS 750/8 | from Ch. 134, par. 38 | | 13 | | 50 ILCS 750/10 | from Ch. 134, par. 40 | | 14 | | 50 ILCS 750/10.1 | from Ch. 134, par. 40.1 | | 15 | | 50 ILCS 750/10.3 | | | 16 | | 50 ILCS 750/14 | from Ch. 134, par. 44 | | 17 | | 50 ILCS 750/15 | from Ch. 134, par. 45 | | 18 | | 50 ILCS 750/15.2 | from Ch. 134, par. 45.2 | | 19 | | 50 ILCS 750/15.2a | from Ch. 134, par. 45.2a | | 20 | | 50 ILCS 750/15.4a | | | 21 | | 50 ILCS 750/15.6 | | | 22 | | 50 ILCS 750/15.6a | | | 23 | | 50 ILCS 750/15.6b | | | 24 | | 50 ILCS 750/17.5 | | | 25 | | 50 ILCS 750/19 | | |
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| 1 | | 50 ILCS 750/20 | | | 2 | | 50 ILCS 750/30 | | | 3 | | 50 ILCS 750/40 | | | 4 | | 50 ILCS 750/45 | | | 5 | | 50 ILCS 750/99 | | | 6 | | 50 ILCS 750/9 rep. | | | 7 | | 50 ILCS 750/13 rep. | | | 8 | | 50 ILCS 750/17 rep. | | | 9 | | 20 ILCS 2605/2605-53 | | | 10 | | 720 ILCS 5/26-1 | from Ch. 38, par. 26-1 |
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