Full Text of HB3940 103rd General Assembly
HB3940enr 103RD GENERAL ASSEMBLY |
| | HB3940 Enrolled | | LRB103 25395 AWJ 51742 b |
|
| 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 | | (30 ILCS 105/5.531 rep.)
| 5 | | Section 5. The State Finance Act is amended by repealing | 6 | | Section 5.531. | 7 | | Section 10. The Emergency Telephone System Act is amended | 8 | | by changing Sections 2, 3, 6.2, 11.5, 14, 15.2, 15.3, 15.3a, | 9 | | 15.4, 15.4b, 15.5, 20, 30, 35, 40, 50, and 99 as follows:
| 10 | | (50 ILCS 750/2) (from Ch. 134, par. 32)
| 11 | | (Section scheduled to be repealed on December 31, 2023)
| 12 | | Sec. 2. Definitions. As used in this Act, unless the | 13 | | context otherwise requires: | 14 | | "9-1-1 network" means the network used for the delivery of | 15 | | 9-1-1 calls and messages over dedicated and redundant | 16 | | facilities to a primary or backup 9-1-1 PSAP that meets the | 17 | | appropriate grade of service. | 18 | | "9-1-1 system" means the geographic area that has been | 19 | | granted an order of authority by the Commission or the | 20 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | 21 | | emergency telephone number, including, but not limited to, the | 22 | | network, software applications, databases, CPE components and |
| | | HB3940 Enrolled | - 2 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | operational and management procedures required to provide | 2 | | 9-1-1 service. | 3 | | "9-1-1 Authority" means an Emergency Telephone System | 4 | | Board or Joint Emergency Telephone System Board that provides | 5 | | for the management and operation of a 9-1-1 system. "9-1-1 | 6 | | Authority" includes the Illinois State Police only to the | 7 | | extent it provides 9-1-1 services under this Act. | 8 | | "9-1-1 System Manager" means the manager, director, | 9 | | administrator, or coordinator who at the direction of his or | 10 | | her Emergency Telephone System Board is responsible for the | 11 | | implementation and execution of the order of authority issued | 12 | | by the Commission or the Statewide 9-1-1 Administrator through | 13 | | the programs, policies, procedures, and daily operations of | 14 | | the 9-1-1 system consistent with the provisions of this Act. | 15 | | "Administrator" means the Statewide 9-1-1 Administrator. | 16 | | "Advanced service" means any telecommunications service | 17 | | with or without dynamic bandwidth allocation, including, but | 18 | | not limited to, ISDN Primary Rate Interface (PRI), that, | 19 | | through the use of a DS-1, T-1, or other un-channelized or | 20 | | multi-channel transmission facility, is capable of | 21 | | transporting either the subscriber's inter-premises voice | 22 | | telecommunications services to the public switched network or | 23 | | the subscriber's 9-1-1 calls to the public agency. | 24 | | "Aggregator" means an entity that ingresses 9-1-1 calls of | 25 | | multiple traffic types or 9-1-1 calls from multiple | 26 | | originating service providers and combines them on a trunk |
| | | HB3940 Enrolled | - 3 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | group or groups (or equivalent egress connection arrangement | 2 | | to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or | 3 | | system), and that uses the routing information provided in the | 4 | | received call setup signaling to select the appropriate trunk | 5 | | group and proceeds to signal call setup toward the 9-1-1 | 6 | | system provider. "Aggregator" includes an originating service | 7 | | provider that provides aggregation functions for its own 9-1-1 | 8 | | calls. "Aggregator" also includes an aggregation network or an | 9 | | aggregation entity that provides aggregator services for other | 10 | | types of system providers, such as cloud-based services or | 11 | | enterprise networks as its client. | 12 | | "ALI" or "automatic location identification" means the | 13 | | automatic display at the public safety answering point of the | 14 | | address or location of the caller's telephone and | 15 | | supplementary emergency services information of the location | 16 | | from which a call originates. | 17 | | "ANI" or "automatic number identification" means the | 18 | | automatic display of the 10-digit telephone number associated | 19 | | with the caller's telephone number. | 20 | | "Automatic alarm" and "automatic alerting device" mean any | 21 | | device that will access the 9-1-1 system for emergency | 22 | | services upon activation and does not provide for two-way | 23 | | communication. | 24 | | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned | 25 | | Backup Answering Point, or VAP. | 26 | | "Authorized entity" means an answering point or |
| | | HB3940 Enrolled | - 4 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | participating agency other than a decommissioned PSAP. | 2 | | "Backup PSAP" means an answering point that meets the | 3 | | appropriate standards of service and serves as an alternate to | 4 | | the PSAP operating independently from the PSAP at a different | 5 | | location that has the capability to direct dispatch for the | 6 | | PSAP or otherwise transfer emergency calls directly to an | 7 | | authorized entity. A backup PSAP may accept overflow calls | 8 | | from the PSAP or be activated if the primary PSAP is disabled. | 9 | | "Board" means an Emergency Telephone System Board or a | 10 | | Joint Emergency Telephone System Board created pursuant to | 11 | | Section 15.4. | 12 | | "Call back number" means a number used by a PSAP to | 13 | | recontact a location from which a 9-1-1 call was placed, | 14 | | regardless of whether that number is a direct-dial number for | 15 | | a station used to originate a 9-1-1 call. | 16 | | "Carrier" includes a telecommunications carrier and a | 17 | | wireless carrier. | 18 | | "Commission" means the Illinois Commerce Commission. | 19 | | "Computer aided dispatch" or "CAD" means a computer-based | 20 | | system that aids public safety telecommunicators by automating | 21 | | selected dispatching and recordkeeping activities. | 22 | | "Direct dispatch" means a 9-1-1 service wherein upon | 23 | | receipt of an emergency call, a public safety telecommunicator | 24 | | transmits - without delay, transfer, relay, or referral - all | 25 | | relevant available information to the appropriate public | 26 | | safety personnel or emergency responders. |
| | | HB3940 Enrolled | - 5 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | "Dispatchable location" means the street address of a | 2 | | 9-1-1 caller and additional information, such as room number, | 3 | | floor number, or similar information, necessary to identify | 4 | | the location of the 9-1-1 caller. | 5 | | "Decommissioned" means the revocation of a PSAPs authority | 6 | | to handle 9-1-1 calls as an answering point within the 9-1-1 | 7 | | network. | 8 | | "DS-1, T-1, or similar un-channelized or multi-channel | 9 | | transmission facility" means a facility that can transmit and | 10 | | receive a bit rate of at least 1.544 megabits per second | 11 | | (Mbps). | 12 | | "Dynamic bandwidth allocation" means the ability of the | 13 | | facility or customer to drop and add channels, or adjust | 14 | | bandwidth, when needed in real time for voice or data | 15 | | purposes. | 16 | | "Emergency call" means any type of request for emergency | 17 | | assistance through a 9-1-1 network either to the digits 9-1-1 | 18 | | or the emergency 24/7 10-digit telephone number for all | 19 | | answering points. An emergency call is not limited to a voice | 20 | | telephone call. It could be a two-way video call, an | 21 | | interactive text, Teletypewriter (TTY), an SMS, an Instant | 22 | | Message, or any new mechanism for communications available in | 23 | | the future. An emergency call occurs when the request for | 24 | | emergency assistance is received by a public safety | 25 | | telecommunicator. | 26 | | "EMS personnel" has the meaning given to that term in |
| | | HB3940 Enrolled | - 6 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | Section 3.5 of the Emergency Medical Services (EMS) Systems | 2 | | Act. | 3 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that | 4 | | includes network switching, database and PSAP premise elements | 5 | | capable of providing automatic location identification data, | 6 | | selective routing, selective transfer, fixed transfer, and a | 7 | | call back number, including any enhanced 9-1-1 service so | 8 | | designated by the Federal Communications Commission in its | 9 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any | 10 | | successor proceeding. | 11 | | "ETSB" means an emergency telephone system board appointed | 12 | | by the corporate authorities of any county or municipality | 13 | | that provides for the management and operation of a 9-1-1 | 14 | | system. | 15 | | "First responder" means someone designated by a public | 16 | | safety agency who is charged with responding to emergency | 17 | | service requests, including emergency communications | 18 | | professionals, public safety telecommunicators, public safety | 19 | | telecommunicator supervisors, and police, fire, and EMS | 20 | | personnel who operate in the field. | 21 | | "Grade of service" means P.01 for E9-1-1 enhanced 9-1-1 | 22 | | services or the equivalent for NENA Baseline NG9-1-1 as set | 23 | | forth in the NENA i3 Solution adopted standard for NG9-1-1 . | 24 | | "Hearing-impaired individual" means a person with a | 25 | | permanent hearing loss who can regularly and routinely | 26 | | communicate by telephone only through the aid of devices which |
| | | HB3940 Enrolled | - 7 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | can send and receive written messages over the telephone | 2 | | network. | 3 | | "Hosted supplemental 9-1-1 service" means a database | 4 | | service that: | 5 | | (1) electronically provides information to 9-1-1 call | 6 | | takers when a call is placed to 9-1-1; | 7 | | (2) allows telephone subscribers to provide | 8 | | information to 9-1-1 to be used in emergency scenarios; | 9 | | (3) collects a variety of formatted data relevant to | 10 | | 9-1-1 and first responder needs, which may include, but is | 11 | | not limited to, photographs of the telephone subscribers, | 12 | | physical descriptions, medical information, household | 13 | | data, and emergency contacts; | 14 | | (4) allows for information to be entered by telephone | 15 | | subscribers through a secure website where they can elect | 16 | | to provide as little or as much information as they | 17 | | choose; | 18 | | (5) automatically displays data provided by telephone | 19 | | subscribers to 9-1-1 call takers for all types of | 20 | | telephones when a call is placed to 9-1-1 from a | 21 | | registered and confirmed phone number; | 22 | | (6) supports the delivery of telephone subscriber | 23 | | information through a secure internet connection to all | 24 | | emergency telephone system boards; | 25 | | (7) works across all 9-1-1 call taking equipment and | 26 | | allows for the easy transfer of information into a |
| | | HB3940 Enrolled | - 8 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | computer aided dispatch system; and | 2 | | (8) may be used to collect information pursuant to an | 3 | | Illinois Premise Alert Program as defined in the Illinois | 4 | | Premise Alert Program (PAP) Act. | 5 | | "Interconnected voice over Internet protocol provider" or | 6 | | "Interconnected VoIP provider" has the meaning given to that | 7 | | term under Section 13-235 of the Public Utilities Act. | 8 | | "Joint ETSB" means a Joint Emergency Telephone System | 9 | | Board established by intergovernmental agreement of two or | 10 | | more municipalities or counties, or a combination thereof, to | 11 | | provide for the management and operation of a 9-1-1 system. | 12 | | "Key telephone system" means a type of MLTS designed to | 13 | | provide shared access to several outside lines through buttons | 14 | | or keys typically offering identified access lines with direct | 15 | | line appearance or termination on a given telephone set. | 16 | | "Local public agency" means any unit of local government | 17 | | or special purpose district located in whole or in part within | 18 | | this State that provides or has authority to provide | 19 | | firefighting, police, ambulance, medical, or other emergency | 20 | | services. | 21 | | "Mechanical dialer" means any device that accesses the | 22 | | 9-1-1 system without human intervention and does not provide | 23 | | for two-way communication. | 24 | | "Master Street Address Guide" or "MSAG" is a database of | 25 | | street names and house ranges within their associated | 26 | | communities defining emergency service zones (ESZs) and their |
| | | HB3940 Enrolled | - 9 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | associated emergency service numbers (ESNs) to enable proper | 2 | | routing of 9-1-1 calls. | 3 | | "Mobile telephone number" or "MTN" means the telephone | 4 | | number assigned to a wireless telephone at the time of initial | 5 | | activation. | 6 | | "Multi-line telephone system" or "MLTS" means a system | 7 | | that is comprised of a common control unit or units, telephone | 8 | | sets, control hardware and software, and adjunct systems and | 9 | | that enables users to make and receive telephone calls using | 10 | | shared resources, such as telephone network trunks or data | 11 | | link bandwidth. The terms "multi-line telephone system" and | 12 | | "MLTS" include, but are not limited to: network-based and | 13 | | premises-based systems, such as Centrex service; | 14 | | premises-based, hosted, and cloud-based VoIP systems; PBX, | 15 | | hybrid, and key telephone systems (as classified by the | 16 | | Federal Communications Commission under 47 CFR Part 68 or any | 17 | | successor rules); and systems owned or leased by governmental | 18 | | agencies, nonprofit entities, and for-profit businesses. | 19 | | "Network connections" means the number of voice grade | 20 | | communications channels directly between a subscriber and a | 21 | | telecommunications carrier's public switched network, without | 22 | | the intervention of any other telecommunications carrier's | 23 | | switched network, which would be required to carry the | 24 | | subscriber's inter-premises traffic and which connection | 25 | | either (1) is capable of providing access through the public | 26 | | switched network to a 9-1-1 Emergency Telephone System, if one |
| | | HB3940 Enrolled | - 10 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | exists, or (2) if no system exists at the time a surcharge is | 2 | | imposed under Section 15.3, that would be capable of providing | 3 | | access through the public switched network to the local 9-1-1 | 4 | | Emergency Telephone System if one existed. Where multiple | 5 | | voice grade communications channels are connected to a | 6 | | telecommunications carrier's public switched network through a | 7 | | private branch exchange (PBX) service, there shall be | 8 | | determined to be one network connection for each trunk line | 9 | | capable of transporting either the subscriber's inter-premises | 10 | | traffic to the public switched network or the subscriber's | 11 | | 9-1-1 calls to the public agency. Where multiple voice grade | 12 | | communications channels are connected to an OSP's public | 13 | | switched network through Centrex type service, the number of | 14 | | network connections shall be equal to the number of PBX trunk | 15 | | equivalents for the subscriber's service or other multiple | 16 | | voice grade communication channels facility, as determined by | 17 | | reference to any generally applicable exchange access service | 18 | | tariff filed by the subscriber's telecommunications carrier | 19 | | with the Commission. | 20 | | "Network costs" means those recurring costs that directly | 21 | | relate to the operation of the 9-1-1 network as determined by | 22 | | the Statewide 9-1-1 Administrator with the advice of the | 23 | | Statewide 9-1-1 Advisory Board, which may include, but need | 24 | | not be limited to, some or all of the following: costs for | 25 | | interoffice trunks, selective routing charges, transfer lines | 26 | | and toll charges for 9-1-1 services, Automatic Location |
| | | HB3940 Enrolled | - 11 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | Information (ALI) database charges, independent local exchange | 2 | | carrier charges and non-system provider charges, carrier | 3 | | charges for third party database for on-site customer premises | 4 | | equipment, back-up PSAP trunks for non-system providers, | 5 | | periodic database updates as provided by carrier (also known | 6 | | as "ALI data dump"), regional ALI storage charges, circuits | 7 | | for call delivery (fiber or circuit connection), NG9-1-1 | 8 | | costs, and all associated fees, taxes, and surcharges on each | 9 | | invoice. "Network costs" shall not include radio circuits or | 10 | | toll charges that are other than for 9-1-1 services. | 11 | | "Next generation 9-1-1" or "NG9-1-1" means a secure | 12 | | Internet Protocol-based (IP-based) open-standards system | 13 | | comprised of hardware, software, data, and operational | 14 | | policies and procedures that: | 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; |
| | | HB3940 Enrolled | - 12 - | LRB103 25395 AWJ 51742 b |
|
| 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, but need | 10 | | not be limited to, costs for NENA i3 Core Components (Border | 11 | | Control Function (BCF), Emergency Call Routing Function | 12 | | (ECRF), Location Validation Function (LVF), Emergency Services | 13 | | Routing Proxy (ESRP), Policy Store/Policy Routing Functions | 14 | | (PSPRF), and Location Information Servers (LIS)), Statewide | 15 | | ESInet, software external to the PSAP (data collection, | 16 | | identity management, aggregation, and GIS functionality), and | 17 | | gateways (legacy 9-1-1 tandems or gateways or both). | 18 | | "Originating service provider" or "OSP" means the entity | 19 | | that provides services to end users that may be used to | 20 | | originate voice or nonvoice 9-1-1 requests for assistance and | 21 | | who would interconnect, in any of various fashions, to the | 22 | | 9-1-1 system provider for purposes of delivering 9-1-1 traffic | 23 | | to the public safety answering points. | 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 |
| | | HB3940 Enrolled | - 13 - | LRB103 25395 AWJ 51742 b |
|
| 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 CFR 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 CFR Part 68 when not used | 11 | | 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 CFR Part 68 that are directly connected to | 21 | | 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 CFR Part |
| | | HB3940 Enrolled | - 14 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | 68 when not used in conjunction with a VoIP, Centrex type, or | 2 | | 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 Illinois 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 those calls and events according to a | 23 | | specified operational policy. | 24 | | "PSAP representative" means the manager or supervisor of a | 25 | | Public Safety Answering Point (PSAP) who oversees the daily | 26 | | operational functions and is responsible for the overall |
| | | HB3940 Enrolled | - 15 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | management and administration of the PSAP. | 2 | | "Public safety telecommunicator" means any person employed | 3 | | in a full-time or part-time capacity at an answering point | 4 | | whose duties or responsibilities include answering, receiving, | 5 | | or transferring an emergency call for dispatch to the | 6 | | appropriate emergency responder. | 7 | | "Public safety telecommunicator supervisor" means any | 8 | | person employed in a full-time or part-time capacity at an | 9 | | answering point or by a 9-1-1 Authority, whose primary duties | 10 | | or responsibilities are to direct, administer, or manage any | 11 | | public safety telecommunicator and whose responsibilities | 12 | | include answering, receiving, or transferring an emergency | 13 | | call for dispatch to the appropriate emergency responders. | 14 | | "Referral" means a 9-1-1 service in which the public | 15 | | safety telecommunicator provides the calling party with the | 16 | | telephone number of the appropriate public safety agency or | 17 | | other provider of emergency services. | 18 | | "Regular service" means any telecommunications service, | 19 | | other than advanced service, that is capable of transporting | 20 | | either the subscriber's inter-premises voice | 21 | | telecommunications services to the public switched network or | 22 | | the subscriber's 9-1-1 calls to the public agency. | 23 | | "Relay" means a 9-1-1 service in which the public safety | 24 | | telecommunicator takes the pertinent information from a caller | 25 | | and relays that information to the appropriate public safety | 26 | | agency or other provider of emergency services. |
| | | HB3940 Enrolled | - 16 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | "Remit period" means the billing period, one month in | 2 | | duration, for which a wireless carrier remits a surcharge and | 3 | | provides subscriber information by zip code to the Illinois | 4 | | State Police, in accordance with Section 20 of this Act. | 5 | | "Secondary Answering Point" or "SAP" means a location, | 6 | | other than a PSAP, that is able to receive the voice, data, and | 7 | | call back number of E9-1-1 or NG9-1-1 emergency calls | 8 | | transferred from a PSAP and completes the call taking process | 9 | | by dispatching police, medical, fire, or other emergency | 10 | | responders. | 11 | | "Shared residential MLTS service" means the use of one or | 12 | | more MLTS or MLTS services to provide telephone service to | 13 | | residential facilities, including, but not limited to, | 14 | | single-family dwellings and multi-family dwellings, such as | 15 | | apartments, even if the service is not individually billed. | 16 | | "Shared telecommunications services" means the provision | 17 | | of telecommunications and information management services and | 18 | | equipment within a user group located in discrete private | 19 | | premises in building complexes, campuses, or high-rise | 20 | | buildings by a commercial shared services provider or by a | 21 | | user association, through privately owned customer premises | 22 | | equipment and associated data processing and information | 23 | | management services. The term "shared telecommunications | 24 | | services" includes the provisioning of connections to the | 25 | | facilities of a local exchange carrier or an interexchange | 26 | | carrier. |
| | | HB3940 Enrolled | - 17 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | "Statewide wireless emergency 9-1-1 system" means all | 2 | | areas of the State where an emergency telephone system board | 3 | | has not declared its intention for one or more of its public | 4 | | safety answering points to serve as a primary wireless 9-1-1 | 5 | | public safety answering point for its jurisdiction. The | 6 | | operator of the statewide wireless emergency 9-1-1 system | 7 | | shall be the Illinois State Police. | 8 | | "System" means the communications equipment and related | 9 | | software applications required to produce a response by the | 10 | | appropriate emergency public safety agency or other provider | 11 | | of emergency services as a result of an emergency call being | 12 | | placed to 9-1-1. | 13 | | "System provider" means the contracted entity providing | 14 | | 9-1-1 network and database services. | 15 | | "Telecommunications carrier" means those entities included | 16 | | within the definition specified in Section 13-202 of the | 17 | | Public Utilities Act, and includes those carriers acting as | 18 | | resellers of telecommunications services. "Telecommunications | 19 | | carrier" includes telephone systems operating as mutual | 20 | | concerns. "Telecommunications carrier" does not include a | 21 | | wireless carrier. | 22 | | "Telecommunications technology" means equipment that can | 23 | | send and receive written messages over the telephone network. | 24 | | "Temporary residence MLTS" means the use of a MLTS or MLTS | 25 | | service to provide telephone service to occupants of temporary | 26 | | or transient dwellings, including, but not limited to, |
| | | HB3940 Enrolled | - 18 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | dormitories, hotels, motels, health care facilities, and | 2 | | nursing homes, or other similar facilities. | 3 | | "Transfer" means a 9-1-1 service in which the public | 4 | | safety telecommunicator, who receives an emergency call, | 5 | | transmits, redirects, or conferences that call to the | 6 | | appropriate public safety agency or other provider of | 7 | | emergency services. "Transfer" shall not include a relay or | 8 | | referral of the information without transferring the caller. | 9 | | "Transmitting messages" shall have the meaning given to | 10 | | that term under Section 8-11-2 of the Illinois Municipal Code. | 11 | | "Trunk line" means a transmission path, or group of | 12 | | transmission paths, connecting a subscriber's PBX to a | 13 | | telecommunications carrier's public switched network. In the | 14 | | case of regular service, each voice grade communications | 15 | | channel or equivalent amount of bandwidth capable of | 16 | | transporting either the subscriber's inter-premises voice | 17 | | telecommunications services to the public switched network or | 18 | | the subscriber's 9-1-1 calls to the public agency shall be | 19 | | considered a trunk line, even if it is bundled with other | 20 | | channels or additional bandwidth. In the case of advanced | 21 | | service, each DS-1, T-1, or other un-channelized or | 22 | | multi-channel transmission facility that 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 shall be | 26 | | considered a single trunk line, even if it contains multiple |
| | | HB3940 Enrolled | - 19 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | voice grade communications channels or otherwise supports 2 or | 2 | | more voice grade calls at a time; provided, however, that each | 3 | | additional increment of up to 24 voice grade channels of | 4 | | transmission capacity that is capable of transporting either | 5 | | the subscriber's inter-premises voice telecommunications | 6 | | services to the public switched network or the subscriber's | 7 | | 9-1-1 calls to the public agency shall be considered an | 8 | | additional trunk line. | 9 | | "Unmanned backup answering point" means an answering point | 10 | | that serves as an alternate to the PSAP at an alternate | 11 | | location and is typically unmanned but can be activated if the | 12 | | primary PSAP is disabled. | 13 | | "Virtual answering point" or "VAP" means a temporary or | 14 | | nonpermanent location that is capable of receiving an | 15 | | emergency call, contains a fully functional worksite that is | 16 | | not bound to a specific location, but rather is portable and | 17 | | scalable, connecting public safety telecommunicators to the | 18 | | work process, and is capable of completing the call | 19 | | dispatching process. | 20 | | "Voice-impaired individual" means a person with a | 21 | | permanent speech disability which precludes oral | 22 | | communication, who can regularly and routinely communicate by | 23 | | telephone only through the aid of devices which can send and | 24 | | receive written messages over the telephone network. | 25 | | "Wireless carrier" means a provider of two-way cellular, | 26 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial |
| | | HB3940 Enrolled | - 20 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | Mobile Radio Service (CMRS), Wireless Communications Service | 2 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as | 3 | | defined by the Federal Communications Commission, offering | 4 | | radio communications that may provide fixed, mobile, radio | 5 | | location, or satellite communication services to individuals | 6 | | or businesses within its assigned spectrum block and | 7 | | geographical area or that offers real-time, two-way voice | 8 | | service that is interconnected with the public switched | 9 | | network, including a reseller of such service. | 10 | | "Wireless enhanced 9-1-1" means the ability to relay the | 11 | | telephone number of the originator of a 9-1-1 call and | 12 | | location information from any mobile handset or text telephone | 13 | | device accessing the wireless system to the designated | 14 | | wireless public safety answering point as set forth in the | 15 | | order of the Federal Communications Commission, FCC Docket No. | 16 | | 94-102, adopted June 12, 1996, with an effective date of | 17 | | October 1, 1996, and any subsequent amendment thereto. | 18 | | "Wireless public safety answering point" means the | 19 | | functional division of a 9-1-1 authority accepting wireless | 20 | | 9-1-1 calls. | 21 | | "Wireless subscriber" means an individual or entity to | 22 | | whom a wireless service account or number has been assigned by | 23 | | a wireless carrier, other than an account or number associated | 24 | | with prepaid wireless telecommunication service.
| 25 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | 26 | | 102-813, eff. 5-13-22; 102-983, eff. 5-27-22.)
|
| | | HB3940 Enrolled | - 21 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (50 ILCS 750/3) (from Ch. 134, par. 33)
| 2 | | (Section scheduled to be repealed on December 31, 2023)
| 3 | | Sec. 3.
(a) By July 1, 2017, every local public agency | 4 | | shall be within the jurisdiction of a 9-1-1 system.
| 5 | | (b) Within 36 18 months of the awarding of a contract to a | 6 | | vendor certified under Section 13-900 of the Public Utilities | 7 | | Act to provide Next Generation 9-1-1 service, every 9-1-1 | 8 | | system in Illinois, except in a municipality with a population | 9 | | over 500,000, shall provide Next Generation 9-1-1 service. A | 10 | | municipality with a population over 500,000 shall provide Next | 11 | | Generation 9-1-1 service by July 1, 2024 December 31, 2023 . | 12 | | (c) Nothing in this Act shall be construed to prohibit or
| 13 | | discourage in any way the formation of multijurisdictional or | 14 | | regional
systems, and any system established pursuant to this | 15 | | Act may include the
territory of more than one public agency or | 16 | | may include a segment of the
territory of a public agency.
| 17 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| 18 | | (50 ILCS 750/6.2) | 19 | | (Section scheduled to be repealed on December 31, 2023) | 20 | | Sec. 6.2. Every 9-1-1 system shall be able to accept text | 21 | | to 9-1-1 no later than July 1, 2024 January 1, 2023 . The | 22 | | Illinois State Police shall adopt rules for the implementation | 23 | | of this Section.
| 24 | | (Source: P.A. 102-9, eff. 6-3-21.) |
| | | HB3940 Enrolled | - 22 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (50 ILCS 750/11.5) | 2 | | (Section scheduled to be repealed on December 31, 2023) | 3 | | Sec. 11.5. Aggregator and originating service provider | 4 | | responsibilities. | 5 | | (a) Each aggregator, and the originating service providers | 6 | | whose 9-1-1 calls are being aggregated by the aggregator, | 7 | | shall comply with their respective requirements in 83 Ill. | 8 | | Adm. Code 725.410. | 9 | | (b) Beginning February 1, 2024 and every February 1 | 10 | | thereafter July 1, 2021 , each aggregator that is operating | 11 | | within the State must submit email the Office of the Statewide | 12 | | 9-1-1 Administrator to provide the following information that | 13 | | supports the implementation of and the migration to the | 14 | | Statewide NG9-1-1 system to the Office of the Statewide 9-1-1 | 15 | | Administrator on a form prescribed and made available by the | 16 | | Illinois State Police for this purpose : | 17 | | (1) A company 9-1-1 contact, address, email, and phone | 18 | | number. | 19 | | (2) A list of originating service providers that the | 20 | | aggregator transports 9-1-1 calls for and then to the | 21 | | appropriate 9-1-1 system provider.
New or current | 22 | | aggregators must update the required information within 30 | 23 | | days of implementing any changes in information required | 24 | | by this subsection. | 25 | | (c) Each aggregator shall establish procedures for |
| | | HB3940 Enrolled | - 23 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | receiving No Record Found errors from the 9-1-1 System | 2 | | Provider, identifying the originating service provider who | 3 | | delivered the call to the aggregator, and referring the No | 4 | | Record Found errors to that originating service provider. | 5 | | (d) Each originating service provider shall establish | 6 | | procedures with the 9-1-1 system provider for preventing and | 7 | | resolving No Record Found errors in the 9-1-1 database and | 8 | | make every effort to ensure 9-1-1 calls are sent to the | 9 | | appropriate public safety answering point. | 10 | | (e) If a 9-1-1 system is being transitioned to NG9-1-1 | 11 | | service or to a new provider, each aggregator shall be | 12 | | responsible for coordinating any modifications that are needed | 13 | | to ensure that the originating service provider provides the | 14 | | required level of service to its customers. Each aggregator | 15 | | shall coordinate those network changes or additions for those | 16 | | migrations in a timely manner with the appropriate 9-1-1 | 17 | | system provider who shall be managing its respective | 18 | | implementation schedule and cut over. Each aggregator shall | 19 | | send notice to its originating service provider customers of | 20 | | the aggregator's successful turn up of the network changes or | 21 | | additions supporting the migration and include the necessary | 22 | | information for the originating service provider's migration | 23 | | (such as public safety answering point name, Federal | 24 | | Communications Commission Identification, and Emergency | 25 | | Services Routing Number). The notice shall be provided to the | 26 | | originating service providers within 2 weeks of acceptance |
| | | HB3940 Enrolled | - 24 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | testing and conversion activities between the aggregator and | 2 | | the 9-1-1 system provider. | 3 | | (f) The 9-1-1 system provider shall coordinate directly | 4 | | with the originating service providers (unless the aggregator | 5 | | separately agrees to coordinate with the originating service | 6 | | providers) for migration, but in no case shall that migration | 7 | | exceed 30 days after receipt of notice from the aggregator, | 8 | | unless agreed to by the originating service provider and 9-1-1 | 9 | | system provider. | 10 | | (g) Each aggregator shall coordinate test calls with the | 11 | | 9-1-1 system provider and the 9-1-1 Authority when turning up | 12 | | new circuits or making network changes. Each originating | 13 | | service provider shall perform testing of its network and | 14 | | provisioning upon notification from the aggregator that the | 15 | | network has been tested and accepted with the 9-1-1 system | 16 | | provider. | 17 | | (h) Each aggregator and originating service provider | 18 | | customer shall deliver all 9-1-1 calls, audio, data, and | 19 | | location to the 9-1-1 system at a location determined by the | 20 | | State.
| 21 | | (Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21.)
| 22 | | (50 ILCS 750/14) (from Ch. 134, par. 44)
| 23 | | (Section scheduled to be repealed on December 31, 2023)
| 24 | | Sec. 14.
The General Assembly declares that a major | 25 | | purpose of this Act is to ensure that 9-1-1 systems have |
| | | HB3940 Enrolled | - 25 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | redundant methods of dispatch for: (1) each public safety | 2 | | agency within its jurisdiction, herein known as participating | 3 | | agencies; and (2) 9-1-1 systems whose jurisdictional | 4 | | boundaries are contiguous, herein known as adjacent 9-1-1 | 5 | | systems, when an emergency request for service is received for | 6 | | a public safety agency that needs to be dispatched by the | 7 | | adjacent 9-1-1 system. Another primary purpose of this Section | 8 | | is to
eliminate instances in which a public safety agency | 9 | | refuses, once dispatched, to render aid outside of the | 10 | | jurisdictional boundaries
of the public safety agency. | 11 | | Therefore, in implementing a 9-1-1 system under this Act, all | 12 | | 9-1-1 authorities
shall enter into call handling and aid | 13 | | outside jurisdictional boundaries agreements with each | 14 | | participating agency and adjacent 9-1-1 system. The
agreements | 15 | | shall provide a primary and secondary means of dispatch. It | 16 | | must also provide that, once an emergency unit is dispatched | 17 | | in response
to a request through the system, such unit shall | 18 | | render its services to the requesting
party without regard to | 19 | | whether the unit is operating outside its
normal | 20 | | jurisdictional boundaries. The call handling and aid outside | 21 | | jurisdictional boundaries agreements shall be incorporated | 22 | | into the plan filed under Section 11. Notice of any changes to | 23 | | call handling and aid outside jurisdictional boundaries | 24 | | agreements must be made annually during the financial | 25 | | reporting process Certified notification of the
continuation | 26 | | of call handling and aid outside jurisdictional boundaries |
| | | HB3940 Enrolled | - 26 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | agreements shall be made among the involved parties on an | 2 | | annual basis . The Illinois State Police may adopt rules for | 3 | | the administration of this Section.
| 4 | | (Source: P.A. 102-9, eff. 6-3-21.)
| 5 | | (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| 6 | | (Section scheduled to be repealed on December 31, 2023)
| 7 | | Sec. 15.2.
Any person placing a call or text an "emergency | 8 | | call" to the number "911" or causing a transmission, in any | 9 | | manner, to a public safety agency or public safety answering | 10 | | point for the purpose of making an alarm or complaint and | 11 | | reporting false information when, at the time the call , text, | 12 | | or transmission is made, the person knows there is no | 13 | | reasonable ground for making the call , text, or transmission | 14 | | and further knows that the call , text, or transmission could | 15 | | result in the emergency response of any public safety agency, | 16 | | is subject to the
provisions of Section 26-1 of the Criminal | 17 | | Code of 2012.
| 18 | | (Source: P.A. 102-9, eff. 6-3-21.)
| 19 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| 20 | | (Section scheduled to be repealed on December 31, 2023)
| 21 | | Sec. 15.3. Local non-wireless surcharge. | 22 | | (a) Except as provided in subsection (l) of this Section, | 23 | | the corporate authorities of any municipality or any
county | 24 | | may, subject to the limitations of subsections (c), (d), and |
| | | HB3940 Enrolled | - 27 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (h),
and in addition to any tax levied pursuant to the | 2 | | Simplified Municipal
Telecommunications Tax Act, impose a | 3 | | monthly surcharge on billed subscribers
of network connection | 4 | | provided by telecommunication carriers engaged in the
business | 5 | | of transmitting messages by means of electricity originating | 6 | | within
the corporate limits of the municipality or county | 7 | | imposing the surcharge at
a rate per network connection | 8 | | determined in accordance with subsection (c), however the | 9 | | monthly surcharge shall not apply to a network connection | 10 | | provided for use with pay telephone services.
Provided, | 11 | | however, that where multiple voice grade communications | 12 | | channels
are connected between the subscriber's premises and a | 13 | | public switched network
through private branch exchange (PBX) | 14 | | or centrex type service, a municipality
imposing a surcharge | 15 | | at a rate per network connection, as determined in
accordance | 16 | | with this Act, shall impose: | 17 | | (i) in a municipality with a population of 500,000 or | 18 | | less or in any county, 5 such surcharges per network
| 19 | | connection, as defined under Section 2 of this Act, for | 20 | | both regular service and advanced service provisioned | 21 | | trunk lines; | 22 | | (ii) in a municipality with a population, prior to | 23 | | March 1, 2010, of 500,000 or more, 5 surcharges per | 24 | | network connection, as defined under Section 2 of this | 25 | | Act, for both regular service and advanced
service | 26 | | provisioned trunk lines; |
| | | HB3940 Enrolled | - 28 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (iii) in a municipality with a population, as of March | 2 | | 1, 2010, of 500,000 or more, 5 surcharges per network | 3 | | connection, as defined under Section 2 of this Act, for | 4 | | regular service
provisioned trunk lines, and 12 surcharges | 5 | | per network connection, as defined under Section 2 of this | 6 | | Act, for advanced service provisioned trunk
lines, except | 7 | | where an advanced service provisioned trunk line supports | 8 | | at least 2 but fewer
than 23 simultaneous voice grade | 9 | | calls ("VGC's"), a telecommunication carrier may
elect to | 10 | | impose fewer than 12 surcharges per trunk line as provided | 11 | | in subsection (iv)
of this Section; or | 12 | | (iv) for an advanced service provisioned trunk line | 13 | | connected between the
subscriber's premises and the public | 14 | | switched network through a P.B.X., where the advanced
| 15 | | service provisioned trunk line is capable of transporting | 16 | | at least 2 but fewer than 23
simultaneous VGC's per trunk | 17 | | line, the telecommunications carrier collecting the | 18 | | surcharge
may elect to impose surcharges in accordance | 19 | | with the table provided in this Section, without limiting
| 20 | | any telecommunications carrier's obligations to otherwise | 21 | | keep and maintain records. Any
telecommunications carrier | 22 | | electing to impose fewer than 12 surcharges per an | 23 | | advanced
service provisioned trunk line shall keep and | 24 | | maintain records adequately to demonstrate the
VGC | 25 | | capability of each advanced service provisioned trunk line | 26 | | with fewer than 12
surcharges imposed, provided that 12 |
| | | HB3940 Enrolled | - 29 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | surcharges shall be imposed on an advanced service
| 2 | | provisioned trunk line regardless of the VGC capability | 3 | | where a telecommunications carrier
cannot demonstrate the | 4 | | VGC capability of the advanced service provisioned trunk | 5 | | line.
| |
6 | | Facility | VGC's | 911 Surcharges | |
7 | | Advanced service provisioned trunk line | 18-23 | 12 | |
8 | | Advanced service provisioned trunk line | 12-17 | 10 | |
9 | | Advanced service provisioned trunk line | 2-11 | 8 |
| 10 | | Subsections (i), (ii), (iii), and (iv) are not intended to | 11 | | make any change in the meaning of this Section, but are | 12 | | intended to remove possible ambiguity, thereby confirming the | 13 | | intent of paragraph (a) as it existed prior to and following | 14 | | the effective date of this amendatory Act of the 97th General | 15 | | Assembly. | 16 | | For mobile telecommunications services, if a surcharge is | 17 | | imposed it shall be
imposed based upon the municipality or | 18 | | county that encompasses the customer's
place of primary use as | 19 | | defined in the Mobile Telecommunications Sourcing
Conformity | 20 | | Act. A municipality may enter into an intergovernmental
| 21 | | agreement with any county in which it is partially located, | 22 | | when the county
has adopted an ordinance to impose a surcharge | 23 | | as provided in subsection
(c), to include that portion of the | 24 | | municipality lying outside the county
in that county's |
| | | HB3940 Enrolled | - 30 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | surcharge referendum. If the county's surcharge
referendum is | 2 | | approved, the portion of the municipality identified in the
| 3 | | intergovernmental agreement shall automatically be | 4 | | disconnected from the
county in which it lies and connected to | 5 | | the county which approved the
referendum for purposes of a | 6 | | surcharge on telecommunications carriers.
| 7 | | (b) For purposes of computing the surcharge imposed by | 8 | | subsection (a),
the network connections to which the surcharge | 9 | | shall apply shall be those
in-service network connections, | 10 | | other than those network connections
assigned to the | 11 | | municipality or county, where the service address for each
| 12 | | such network connection or connections is located within the | 13 | | corporate
limits of the municipality or county levying the | 14 | | surcharge. Except for mobile
telecommunication services, the | 15 | | "service address" shall mean the location of
the primary use | 16 | | of the network connection or connections. For mobile
| 17 | | telecommunication services, "service address" means the | 18 | | customer's place of
primary use as defined in the Mobile | 19 | | Telecommunications Sourcing Conformity
Act.
| 20 | | (c) Upon the passage of an ordinance to impose a surcharge | 21 | | under this
Section the clerk of the municipality or county | 22 | | shall certify the question
of whether the surcharge may be | 23 | | imposed to the proper election authority
who shall submit the | 24 | | public question to the electors of the municipality or
county | 25 | | in accordance with the general election law; provided that | 26 | | such
question shall not be submitted at a consolidated primary |
| | | HB3940 Enrolled | - 31 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | election. The
public question shall be in substantially the | 2 | | following form:
| 3 | | -------------------------------------------------------------
| 4 | | Shall the county (or city, village
| 5 | | or incorporated town) of ..... impose YES
| 6 | | a surcharge of up to ...˘ per month per
| 7 | | network connection, which surcharge will
| 8 | | be added to the monthly bill you receive ------------------
| 9 | | for telephone or telecommunications
| 10 | | charges, for the purpose of installing
| 11 | | (or improving) a 9-1-1 Emergency NO
| 12 | | Telephone System?
| 13 | | -------------------------------------------------------------
| 14 | | If a majority of the votes cast upon the public question | 15 | | are in favor
thereof, the surcharge shall be imposed.
| 16 | | However, if a Joint Emergency Telephone System Board is to | 17 | | be created
pursuant to an intergovernmental agreement under | 18 | | Section 15.4, the
ordinance to impose the surcharge shall be | 19 | | subject to the approval of a
majority of the total number of | 20 | | votes cast upon the public question by the
electors of all of | 21 | | the municipalities or counties, or combination thereof,
that | 22 | | are parties to the intergovernmental agreement.
| 23 | | The referendum requirement of this subsection (c) shall | 24 | | not apply
to any municipality with a population over 500,000 | 25 | | or to any
county in which a proposition as to whether a | 26 | | sophisticated 9-1-1 Emergency
Telephone System should be |
| | | HB3940 Enrolled | - 32 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | installed in the county, at a cost not to
exceed a specified | 2 | | monthly amount per network connection, has previously
been | 3 | | approved by a majority of the electors of the county voting on | 4 | | the
proposition at an election conducted before the effective | 5 | | date of this
amendatory Act of 1987.
| 6 | | (d) A county may not impose a surcharge, unless requested | 7 | | by a
municipality, in any incorporated area which has | 8 | | previously approved a
surcharge as provided in subsection (c) | 9 | | or in any incorporated area where
the corporate authorities of | 10 | | the municipality have previously entered into
a binding | 11 | | contract or letter of intent with a telecommunications carrier | 12 | | to
provide sophisticated 9-1-1 service through municipal | 13 | | funds.
| 14 | | (e) A municipality or county may at any time by ordinance | 15 | | change the
rate of the surcharge imposed under this Section if | 16 | | the new rate does not
exceed the rate specified in the | 17 | | referendum held pursuant to subsection (c).
| 18 | | (f) The surcharge authorized by this Section shall be | 19 | | collected from
the subscriber by the telecommunications | 20 | | carrier providing the subscriber
the network connection as a | 21 | | separately stated item on the subscriber's bill.
| 22 | | (g) The amount of surcharge collected by the | 23 | | telecommunications carrier
shall be paid to the particular | 24 | | municipality or county or Joint Emergency
Telephone System | 25 | | Board not later than 30 days after the surcharge is
collected, | 26 | | net of any network or other 9-1-1 or sophisticated 9-1-1 |
| | | HB3940 Enrolled | - 33 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | system
charges then due the particular telecommunications | 2 | | carrier, as shown on an
itemized bill. The telecommunications | 3 | | carrier collecting the surcharge
shall also be entitled to | 4 | | deduct 3% of the gross amount of surcharge
collected to | 5 | | reimburse the telecommunications carrier for the expense of
| 6 | | accounting and collecting the surcharge.
| 7 | | (h) Except as expressly provided in subsection (a) of this | 8 | | Section, on or after the effective date of this amendatory Act | 9 | | of the 98th General Assembly and until December 31, 2017, a | 10 | | municipality with a population of 500,000 or more shall not | 11 | | impose a monthly surcharge per network connection in excess of | 12 | | the highest monthly surcharge imposed as of January 1, 2014 by | 13 | | any county or municipality under subsection (c) of this | 14 | | Section. Beginning January 1, 2018 and until December 31, 2025 | 15 | | 2023 , a municipality with a population over 500,000 may not | 16 | | impose a monthly surcharge in excess of $5.00 per network | 17 | | connection. On or after January 1, 2026 2024 , a
municipality | 18 | | with a population over 500,000 may not impose a
monthly | 19 | | surcharge in excess of $2.50
per network connection.
| 20 | | (i) Any municipality or county or joint emergency | 21 | | telephone system
board that has imposed a surcharge pursuant | 22 | | to this Section prior to the
effective date of this amendatory | 23 | | Act of 1990 shall hereafter impose the
surcharge in accordance | 24 | | with subsection (b) of this Section.
| 25 | | (j) The corporate authorities of any municipality or | 26 | | county may issue,
in accordance with Illinois law, bonds, |
| | | HB3940 Enrolled | - 34 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | notes or other obligations secured
in whole or in part by the | 2 | | proceeds of the surcharge described in this
Section.
The State | 3 | | of Illinois pledges and agrees that it will not limit or alter
| 4 | | the rights and powers vested in municipalities and counties by | 5 | | this Section
to impose the surcharge so as to impair the terms | 6 | | of or affect the
security for bonds, notes or other | 7 | | obligations secured in whole or in part
with the proceeds of | 8 | | the surcharge described in this Section. The pledge and | 9 | | agreement set forth in this Section survive the termination of | 10 | | the surcharge under subsection (l) by virtue of the | 11 | | replacement of the surcharge monies guaranteed under Section | 12 | | 20; the State of Illinois pledges and agrees that it will not | 13 | | limit or alter the rights vested in municipalities and | 14 | | counties to the surcharge replacement funds guaranteed under | 15 | | Section 20 so as to impair the terms of or affect the security | 16 | | for bonds, notes or other obligations secured in whole or in | 17 | | part with the proceeds of the surcharge described in this | 18 | | Section.
| 19 | | (k) Any surcharge collected by or imposed on a | 20 | | telecommunications
carrier pursuant to this Section shall be | 21 | | held to be a special fund in
trust for the municipality, county | 22 | | or Joint Emergency Telephone Board
imposing the surcharge. | 23 | | Except for the 3% deduction provided in subsection
(g) above, | 24 | | the special fund shall not be subject to the claims of
| 25 | | creditors of the telecommunication carrier.
| 26 | | (l) Any surcharge imposed pursuant to this Section by a |
| | | HB3940 Enrolled | - 35 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | county or municipality, other than a municipality with a | 2 | | population in excess of 500,000, shall cease to be imposed on | 3 | | January 1, 2016. | 4 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| 5 | | (50 ILCS 750/15.3a) | 6 | | (Section scheduled to be repealed on December 31, 2023) | 7 | | Sec. 15.3a. Local wireless surcharge. | 8 | | (a) Notwithstanding any other provision of this Act, a | 9 | | unit of local government or emergency telephone system board | 10 | | providing wireless 9-1-1 service and imposing and collecting a | 11 | | wireless carrier surcharge prior to July 1, 1998 may continue | 12 | | its practices of imposing and collecting its wireless carrier | 13 | | surcharge, but, except as provided in subsection (b) of this | 14 | | Section, in no event shall that monthly surcharge exceed $2.50 | 15 | | per commercial mobile radio service (CMRS) connection or | 16 | | in-service telephone number billed on a monthly basis. For | 17 | | mobile telecommunications services provided on and after | 18 | | August 1, 2002, any surcharge imposed shall be imposed based | 19 | | upon the municipality or county that encompasses the | 20 | | customer's place of primary use as defined in the Mobile | 21 | | Telecommunications Sourcing Conformity Act. | 22 | | (b) Until December 31, 2017, the corporate authorities of | 23 | | a municipality with a population in excess of 500,000 on the | 24 | | effective date of this amendatory Act of the 99th General | 25 | | Assembly may by ordinance continue to impose and collect a |
| | | HB3940 Enrolled | - 36 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | monthly surcharge per commercial mobile radio service (CMRS) | 2 | | connection or in-service telephone number billed on a monthly | 3 | | basis that does not exceed the highest monthly surcharge | 4 | | imposed as of January 1, 2014 by any county or municipality | 5 | | under subsection (c) of Section 15.3 of this Act. Beginning | 6 | | January 1, 2018, and until December 31, 2025 2023 , a | 7 | | municipality with a population in excess of 500,000 may by | 8 | | ordinance continue to impose and collect a monthly surcharge | 9 | | per commercial mobile radio service (CMRS) connection or | 10 | | in-service telephone number billed on a monthly basis that | 11 | | does not exceed $5.00. On or after January 1, 2026 2024 , the | 12 | | municipality may continue imposing and collecting its wireless | 13 | | carrier surcharge as provided in and subject to the | 14 | | limitations of subsection (a) of this Section. | 15 | | (c) In addition to any other lawful purpose, a | 16 | | municipality with a population over 500,000 may use the moneys | 17 | | collected under this Section for any anti-terrorism or | 18 | | emergency preparedness measures, including, but not limited | 19 | | to, preparedness planning, providing local matching funds for | 20 | | federal or State grants, personnel training, and specialized | 21 | | equipment, including surveillance cameras, as needed to deal | 22 | | with natural and terrorist-inspired emergency situations or | 23 | | events.
| 24 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.) | 25 | | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) |
| | | HB3940 Enrolled | - 37 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (Section scheduled to be repealed on December 31, 2023) | 2 | | Sec. 15.4. Emergency Telephone System Board; powers. | 3 | | (a) Except as provided in subsection (e) of this Section, | 4 | | the corporate authorities of any county or municipality
may | 5 | | establish an Emergency
Telephone System Board. | 6 | | The corporate authorities shall provide for the
manner of | 7 | | appointment and the number of members of the Board, provided | 8 | | that
the board shall consist of not fewer than 5 members, one | 9 | | of whom
must be a
public member who is a resident of the local | 10 | | exchange service territory
included in the 9-1-1 coverage | 11 | | area, one of whom (in counties with a
population less than | 12 | | 100,000) may be a member of the county
board, and
at least 3 of | 13 | | whom shall be representative of the 9-1-1 public safety | 14 | | agencies,
including but not limited to police departments, | 15 | | fire departments, emergency
medical services providers, and | 16 | | emergency services and disaster agencies, and
appointed on the | 17 | | basis of their ability or experience. In counties with a | 18 | | population of more than 100,000 but less than 2,000,000, a | 19 | | member of the county board may serve on the Emergency | 20 | | Telephone System Board. Elected officials, including members | 21 | | of a county board, are
also eligible to serve on the board. | 22 | | Members of the board shall serve without
compensation but | 23 | | shall be reimbursed for their actual and necessary
expenses. | 24 | | Any 2 or more municipalities, counties, or combination | 25 | | thereof,
may, instead of establishing
individual boards, | 26 | | establish by intergovernmental agreement a Joint
Emergency |
| | | HB3940 Enrolled | - 38 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | Telephone System Board pursuant to this Section. The manner of
| 2 | | appointment of such a joint board shall be prescribed in the | 3 | | agreement. On or after the effective date of this amendatory | 4 | | Act of the 100th General Assembly, any new intergovernmental | 5 | | agreement entered into to establish or join a Joint Emergency | 6 | | Telephone System Board shall provide for the appointment of a | 7 | | PSAP representative to the board. | 8 | | Upon the effective date of this amendatory Act of the 98th | 9 | | General Assembly, appointed members of the Emergency Telephone | 10 | | System Board shall serve staggered 3-year terms if: (1) the | 11 | | Board serves a county with a population of 100,000 or less; and | 12 | | (2) appointments, on the effective date of this amendatory Act | 13 | | of the 98th General Assembly, are not for a stated term. The | 14 | | corporate authorities of the county or municipality shall | 15 | | assign terms to the board members serving on the effective | 16 | | date of this amendatory Act of the 98th General Assembly in the | 17 | | following manner: (1) one-third of board members' terms shall | 18 | | expire on January 1, 2015; (2) one-third of board members' | 19 | | terms shall expire on January 1, 2016; and (3) remaining board | 20 | | members' terms shall expire on January 1, 2017. Board members | 21 | | may be re-appointed upon the expiration of their terms by the | 22 | | corporate authorities of the county or municipality. | 23 | | The corporate authorities of a county or municipality may, | 24 | | by a vote of the majority of the members elected, remove an | 25 | | Emergency Telephone System Board member for misconduct, | 26 | | official misconduct, or neglect of office. |
| | | HB3940 Enrolled | - 39 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (b) The powers and duties of the board shall be defined by | 2 | | ordinance
of the municipality or county, or by | 3 | | intergovernmental agreement in the
case of a joint board. The | 4 | | powers and duties shall include, but need not
be limited to the | 5 | | following: | 6 | | (1) Planning a 9-1-1 system. | 7 | | (2) Coordinating and supervising the implementation, | 8 | | upgrading, or
maintenance of the system, including the | 9 | | establishment of equipment
specifications and coding | 10 | | systems. | 11 | | (3) Receiving moneys
from the surcharge imposed under | 12 | | Section 15.3, or disbursed to it under Section 30, and
| 13 | | from any other source, for deposit into the Emergency | 14 | | Telephone System Fund. | 15 | | (4) Authorizing all disbursements from the fund. | 16 | | (5) Hiring any staff necessary for the implementation | 17 | | or upgrade of the
system. | 18 | | (6) (Blank). | 19 | | (7) Designating a 9-1-1 System Manager, whose duties | 20 | | and responsibilities shall be set forth by the Emergency | 21 | | Telephone System Board in writing. | 22 | | (c) All moneys
received by a board pursuant to a surcharge | 23 | | imposed under
Section 15.3, or disbursed to it under Section | 24 | | 30, shall be deposited into a separate interest-bearing
| 25 | | Emergency Telephone System Fund account. The treasurer of the | 26 | | municipality or
county that has established the board or, in |
| | | HB3940 Enrolled | - 40 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | the case of a joint board, any
municipal or county treasurer | 2 | | designated in the intergovernmental agreement,
shall be | 3 | | custodian of the fund. All interest accruing on the fund shall | 4 | | remain
in the fund. No expenditures may be made from such fund | 5 | | except upon the
direction of the board by resolution passed by | 6 | | a majority of all members of the
board. | 7 | | (d) The board shall complete and maintain a Next | 8 | | Generation 9-1-1 GIS database in accordance with NENA | 9 | | Standards before implementation of the NG9-1-1 system. The | 10 | | MSAG and GIS data standardizing and synchronization must reach | 11 | | a 98% or greater match rate, with an option of matching with | 12 | | ALI, before using GIS data for NG9-1-1 a Master Street Address | 13 | | Guide database before implementation of the
9-1-1 system. The | 14 | | error ratio of the database shall not at any time
exceed 1% of | 15 | | the total database . | 16 | | (e) On and after January 1, 2016, no municipality or | 17 | | county may create an Emergency Telephone System Board unless | 18 | | the board is a Joint Emergency Telephone System Board. The | 19 | | corporate authorities of any county or municipality entering | 20 | | into an intergovernmental agreement to create or join a Joint | 21 | | Emergency Telephone System Board shall rescind an ordinance or | 22 | | ordinances creating a single Emergency Telephone System Board | 23 | | and shall eliminate the single Emergency Telephone System | 24 | | Board, effective upon the creation of the Joint Emergency | 25 | | Telephone System Board, with regulatory approval by the | 26 | | Administrator, or joining of the Joint Emergency Telephone |
| | | HB3940 Enrolled | - 41 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | System Board. Nothing in this Section shall be construed to | 2 | | require the dissolution of an Emergency Telephone System Board | 3 | | that is not succeeded by a Joint Emergency Telephone System | 4 | | Board or is not required to consolidate under Section 15.4a of | 5 | | this Act. | 6 | | (f) Within one year after the effective date of this | 7 | | amendatory Act of the 100th General Assembly, any corporate | 8 | | authorities of a county or municipality, other than a | 9 | | municipality with a population of more than 500,000, operating | 10 | | a 9-1-1 system without an Emergency Telephone System Board or | 11 | | Joint Emergency Telephone System Board shall create or join a | 12 | | Joint Emergency Telephone System Board. | 13 | | (Source: P.A. 102-9, eff. 6-3-21.) | 14 | | (50 ILCS 750/15.4b) | 15 | | (Section scheduled to be repealed on December 31, 2023) | 16 | | Sec. 15.4b. Consolidation grants. | 17 | | (a) The Administrator, with the advice and recommendation | 18 | | of the Statewide 9-1-1 Advisory Board, shall administer a | 19 | | 9-1-1 System Consolidation Grant Program to defray costs | 20 | | associated with 9-1-1 system consolidation of systems outside | 21 | | of a municipality with a population in excess of 500,000. The | 22 | | awarded grants will be used to offset non-recurring costs | 23 | | associated with the consolidation of 9-1-1 systems and shall | 24 | | not be used for ongoing operating costs associated with the | 25 | | consolidated system. The Illinois State Police, in |
| | | HB3940 Enrolled | - 42 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | consultation with the Administrator and the Statewide 9-1-1 | 2 | | Advisory Board, shall adopt rules defining the grant process | 3 | | and criteria for issuing the grants. The grants should be | 4 | | awarded based on criteria that include, but are not limited | 5 | | to: | 6 | | (1) reducing the number of transfers of a 9-1-1 call; | 7 | | (2) reducing the infrastructure required to adequately | 8 | | provide 9-1-1 network services; | 9 | | (3) promoting cost savings from resource sharing among | 10 | | 9-1-1 systems; | 11 | | (4) facilitating interoperability and resiliency for | 12 | | the receipt of 9-1-1 calls; | 13 | | (5) reducing the number of 9-1-1 systems or reducing | 14 | | the number of PSAPs within a 9-1-1 system; | 15 | | (6) cost saving resulting from 9-1-1 system | 16 | | consolidation; and | 17 | | (7) expanding NG9-1-1 E9-1-1 service coverage as a | 18 | | result of 9-1-1 system consolidation including to areas | 19 | | without E9-1-1 service . | 20 | | Priority shall be given first to counties not providing | 21 | | 9-1-1 service as of January 1, 2016, and next to other entities | 22 | | consolidating as required under Section 15.4a of this Act. | 23 | | (b) The 9-1-1 System Consolidation Grant application, as | 24 | | defined by Illinois State Police rules, shall be submitted | 25 | | electronically using the State's grant management system by | 26 | | February 1, 2024 and every February 1 to the Administrator |
| | | HB3940 Enrolled | - 43 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | starting January 2, 2016, and every January 2 thereafter. The | 2 | | application shall include a modified 9-1-1 system plan as | 3 | | required by this Act in support of the consolidation plan. The | 4 | | Administrator shall have until June 30, 2016 and every June 30 | 5 | | thereafter to approve 9-1-1 System Consolidation grants and | 6 | | modified 9-1-1 system plans. Payment under the approved 9-1-1 | 7 | | System Consolidation grants shall be contingent upon the final | 8 | | approval of a modified 9-1-1 system plan. | 9 | | (c) (Blank). Existing and previously completed | 10 | | consolidation projects shall be eligible to apply for | 11 | | reimbursement of costs related to the consolidation incurred | 12 | | between 2010 and the State fiscal year of the application. | 13 | | (d) The 9-1-1 systems that receive grants under this | 14 | | Section shall provide a report detailing grant fund usage to | 15 | | the Administrator pursuant to Section 40 of this Act.
| 16 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 17 | | (50 ILCS 750/15.5)
| 18 | | (Section scheduled to be repealed on December 31, 2023)
| 19 | | Sec. 15.5. Grandfathered private residential switch or | 20 | | MLTS 9-1-1
service. | 21 | | (a) An entity that manages or operates a private | 22 | | residential switch service or shared residential or temporary | 23 | | residential MLTS service that was installed on or before | 24 | | February 16, 2020 shall ensure that the system is connected to | 25 | | the public switched telephone network so that calls to 9-1-1 |
| | | HB3940 Enrolled | - 44 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | route to the appropriate 9-1-1 jurisdiction and shall ensure | 2 | | that the system includes, but is not limited to, the | 3 | | capability to provide ANI, the extension number, and the ALI | 4 | | containing the street address of the 9-1-1 caller who | 5 | | dispatchable location that is the
source
of the call to 9-1-1.
| 6 | | (b) The private residential switch or shared residential | 7 | | or temporary residential MLTS service operator is responsible | 8 | | for forwarding
end user ANI and ALI record information to the | 9 | | 9-1-1
system
provider according to the format, frequency, and | 10 | | procedures established by that
system provider.
| 11 | | (c) This Act does not apply to any MLTS telephone | 12 | | extension that uses radio
transmissions to convey electrical | 13 | | signals directly between the telephone
extension and the | 14 | | serving MLTS.
| 15 | | (d) An entity that violates this Section is guilty of a | 16 | | business
offense
and shall be fined not less than $1,000 and | 17 | | not more than $5,000.
| 18 | | (e) Nothing in this Section shall be
construed to preclude | 19 | | the Attorney General on behalf of the Illinois State Police or | 20 | | on
his or her own initiative, or any other interested person, | 21 | | from seeking
judicial relief, by mandamus, injunction, or | 22 | | otherwise, to compel compliance
with this Section.
| 23 | | (Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
| 24 | | (50 ILCS 750/20) | 25 | | (Section scheduled to be repealed on December 31, 2023) |
| | | HB3940 Enrolled | - 45 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | Sec. 20. Statewide surcharge. | 2 | | (a) On and after January 1, 2016, and except with respect | 3 | | to those customers who are subject to surcharges as provided | 4 | | in Sections 15.3 and 15.3a of this Act, a monthly surcharge | 5 | | shall be imposed on all customers of telecommunications | 6 | | carriers and wireless carriers as follows: | 7 | | (1) Each telecommunications carrier shall impose a | 8 | | monthly surcharge per network connection; provided, | 9 | | however, the monthly surcharge shall not apply to a | 10 | | network connection provided for use with pay telephone | 11 | | services. Where multiple voice grade communications | 12 | | channels are connected between the subscriber's premises | 13 | | and a public switched network through private branch | 14 | | exchange (PBX), Centrex type service, or other multiple | 15 | | voice grade communication channels facility, there shall | 16 | | be imposed 5 such surcharges per network connection for | 17 | | both regular service and advanced service provisioned | 18 | | trunk lines. Until December 31, 2017, the surcharge shall | 19 | | be $0.87 per network connection and on and after January | 20 | | 1, 2018, the surcharge shall be $1.50 per network | 21 | | connection. | 22 | | (2) Each wireless carrier shall impose and collect a | 23 | | monthly surcharge per CMRS connection that either has a | 24 | | telephone number within an area code assigned to Illinois | 25 | | by the North American Numbering Plan Administrator or has | 26 | | a billing address in this State. Until December 31, 2017, |
| | | HB3940 Enrolled | - 46 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | the surcharge shall be $0.87 per connection and on and | 2 | | after January 1, 2018, the surcharge shall be $1.50 per | 3 | | connection. | 4 | | (b) State and local taxes shall not apply to the | 5 | | surcharges imposed under this Section. | 6 | | (c) The surcharges imposed by this Section shall be stated | 7 | | as a separately stated item on subscriber bills. | 8 | | (d) The telecommunications carrier collecting the | 9 | | surcharge may deduct and retain 1.74% of the gross amount of | 10 | | surcharge collected to reimburse the telecommunications | 11 | | carrier for the expense of accounting and collecting the | 12 | | surcharge. On and after July 1, 2022, the wireless carrier | 13 | | collecting a surcharge under this Section may deduct and | 14 | | retain 1.74% of the gross amount of the surcharge collected to | 15 | | reimburse the wireless carrier for the expense of accounting | 16 | | and collecting the surcharge. | 17 | | (d-5) Notwithstanding the provisions of subsection (d) of | 18 | | this Section, an amount not greater than 2.5% may be deducted | 19 | | and retained if the telecommunications or wireless carrier can | 20 | | support, through documentation, expenses that exceed the 1.74% | 21 | | allowed. The documentation shall be submitted to the Illinois | 22 | | State Police and input obtained from the Statewide 9-1-1 | 23 | | Advisory Board prior to approval of the deduction. | 24 | | (e) Surcharges imposed under this Section shall be | 25 | | collected by the carriers and shall be remitted to the | 26 | | Illinois State Police, either by check or electronic funds |
| | | HB3940 Enrolled | - 47 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | transfer, by the end of the next calendar month after the | 2 | | calendar month in which it was collected for deposit into the | 3 | | Statewide 9-1-1 Fund. Carriers are not required to remit | 4 | | surcharge moneys that are billed to subscribers but not yet | 5 | | collected. | 6 | | The first remittance by wireless carriers shall include | 7 | | the number of subscribers by zip code, and the 9-digit zip code | 8 | | if currently being used or later implemented by the carrier, | 9 | | that shall be the means by which the Illinois State Police | 10 | | shall determine distributions from the Statewide 9-1-1 Fund. | 11 | | This information shall be updated at least once each year. Any | 12 | | carrier that fails to provide the zip code information | 13 | | required under this subsection (e) shall be subject to the | 14 | | penalty set forth in subsection (g) of this Section. | 15 | | (f) If, within 8 calendar days after it is due under | 16 | | subsection (e) of this Section, a carrier does not remit the | 17 | | surcharge or any portion thereof required under this Section, | 18 | | then the surcharge or portion thereof shall be deemed | 19 | | delinquent until paid in full, and the Illinois State Police | 20 | | may impose a penalty against the carrier in an amount equal to | 21 | | the greater of: | 22 | | (1) $25 for each month or portion of a month from the | 23 | | time an amount becomes delinquent until the amount is paid | 24 | | in full; or | 25 | | (2) an amount equal to the product of 1% and the sum of | 26 | | all delinquent amounts for each month or portion of a |
| | | HB3940 Enrolled | - 48 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | month that the delinquent amounts remain unpaid. | 2 | | A penalty imposed in accordance with this subsection (f) | 3 | | for a portion of a month during which the carrier pays the | 4 | | delinquent amount in full shall be prorated for each day of | 5 | | that month that the delinquent amount was paid in full. Any | 6 | | penalty imposed under this subsection (f) is in addition to | 7 | | the amount of the delinquency and is in addition to any other | 8 | | penalty imposed under this Section. | 9 | | (g) If, within 8 calendar days after it is due, a wireless | 10 | | carrier does not provide the number of subscribers by zip code | 11 | | as required under subsection (e) of this Section, then the | 12 | | report is deemed delinquent and the Illinois State Police may | 13 | | impose a penalty against the carrier in an amount equal to the | 14 | | greater of: | 15 | | (1) $25 for each month or portion of a month that the | 16 | | report is delinquent; or | 17 | | (2) an amount equal to the product of $0.01 and the | 18 | | number of subscribers served by the carrier for each month | 19 | | or portion of a month that the delinquent report is not | 20 | | provided. | 21 | | A penalty imposed in accordance with this subsection (g) | 22 | | for a portion of a month during which the carrier provides the | 23 | | number of subscribers by zip code as required under subsection | 24 | | (e) of this Section shall be prorated for each day of that | 25 | | month during which the carrier had not provided the number of | 26 | | subscribers by zip code as required under subsection (e) of |
| | | HB3940 Enrolled | - 49 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | this Section. Any penalty imposed under this subsection (g) is | 2 | | in addition to any other penalty imposed under this Section. | 3 | | (h) A penalty imposed and collected in accordance with | 4 | | subsection (f) or (g) of this Section shall be deposited into | 5 | | the Statewide 9-1-1 Fund for distribution according to Section | 6 | | 30 of this Act. | 7 | | (i) The Illinois State Police may enforce the collection | 8 | | of any delinquent amount and any penalty due and unpaid under | 9 | | this Section by legal action or in any other manner by which | 10 | | the collection of debts due the State of Illinois may be | 11 | | enforced under the laws of this State. The Illinois State | 12 | | Police may excuse the payment of any penalty imposed under | 13 | | this Section if the Administrator determines that the | 14 | | enforcement of this penalty is unjust. | 15 | | (j) Notwithstanding any provision of law to the contrary, | 16 | | nothing shall impair the right of wireless carriers to recover | 17 | | unreimbursed compliance costs for all emergency communications | 18 | | services that are not reimbursed out of the Wireless Carrier | 19 | | Reimbursement Fund directly from their wireless subscribers by | 20 | | line-item charges on the wireless subscriber's bill. Those | 21 | | compliance costs include all costs incurred by wireless | 22 | | carriers in complying with local, State, and federal | 23 | | regulatory or legislative mandates that require the | 24 | | transmission and receipt of emergency communications to and | 25 | | from the general public, including, but not limited to, | 26 | | E9-1-1.
|
| | | HB3940 Enrolled | - 50 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | 2 | | 102-813, eff. 5-13-22.) | 3 | | (50 ILCS 750/30) | 4 | | (Section scheduled to be repealed on December 31, 2023) | 5 | | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | 6 | | (a) A special fund in the State treasury known as the | 7 | | Wireless Service Emergency Fund shall be renamed the Statewide | 8 | | 9-1-1 Fund. Any appropriations made from the Wireless Service | 9 | | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | 10 | | The Fund shall consist of the following: | 11 | | (1) (Blank). 9-1-1 wireless surcharges assessed under | 12 | | the Wireless Emergency Telephone Safety Act. | 13 | | (2) 9-1-1 surcharges assessed under Section 20 of this | 14 | | Act. | 15 | | (3) Prepaid wireless 9-1-1 surcharges assessed under | 16 | | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | 17 | | (4) Any appropriations, grants, or gifts made to the | 18 | | Fund. | 19 | | (5) Any income from interest, premiums, gains, or | 20 | | other earnings on moneys in the Fund. | 21 | | (6) Money from any other source that is deposited in | 22 | | or transferred to the Fund. | 23 | | (b) Subject to appropriation and availability of funds, | 24 | | the Illinois State Police shall distribute the 9-1-1 | 25 | | surcharges monthly as follows: |
| | | HB3940 Enrolled | - 51 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (1) From each surcharge collected and remitted under | 2 | | Section 20 of this Act: | 3 | | (A) $0.013 shall be distributed monthly in equal | 4 | | amounts to each County Emergency Telephone System | 5 | | Board in counties with a population under 100,000 | 6 | | according to the most recent census data which is | 7 | | authorized to serve as a primary wireless 9-1-1 public | 8 | | safety answering point for the county and to provide | 9 | | wireless 9-1-1 service as prescribed by subsection (b) | 10 | | of Section 15.6a of this Act, and which does provide | 11 | | such service. | 12 | | (B) (Blank). $0.033 shall be transferred by the | 13 | | Comptroller at the direction of the Illinois State | 14 | | Police to the Wireless Carrier Reimbursement Fund | 15 | | until June 30, 2017; from July 1, 2017 through June 30, | 16 | | 2018, $0.026 shall be transferred; from July 1, 2018 | 17 | | through June 30, 2019, $0.020 shall be transferred; | 18 | | from July 1, 2019, through June 30, 2020, $0.013 shall | 19 | | be transferred; from July 1, 2020 through June 30, | 20 | | 2021, $0.007 will be transferred; and after June 30, | 21 | | 2021, no transfer shall be made to the Wireless | 22 | | Carrier Reimbursement Fund. | 23 | | (C) Until December 31, 2017, $0.007 and on and | 24 | | after January 1, 2018, $0.017 shall be used to cover | 25 | | the Illinois State Police's administrative costs. | 26 | | (D) Beginning January 1, 2018, until June 30, |
| | | HB3940 Enrolled | - 52 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | 2020, $0.12, and on and after July 1, 2020, $0.04 shall | 2 | | be used to make monthly disbursements proportional | 3 | | grants to the appropriate 9-1-1 Authority currently | 4 | | taking wireless 9-1-1 based upon the United States | 5 | | Postal Zip Code of the billing addresses of | 6 | | subscribers wireless carriers. | 7 | | (E) Until June 30, 2023, $0.05 shall be used by the | 8 | | Illinois State Police for grants for NG9-1-1 expenses, | 9 | | with priority given to 9-1-1 Authorities that provide | 10 | | 9-1-1 service within the territory of a Large Electing | 11 | | Provider as defined in Section 13-406.1 of the Public | 12 | | Utilities Act. | 13 | | (F) On and after July 1, 2020, $0.13 shall be used | 14 | | for the implementation of and continuing expenses for | 15 | | the Statewide NG9-1-1 system. | 16 | | (1.5) Beginning on the effective date of this | 17 | | amendatory Act of the 103rd General Assembly, to assist | 18 | | with the implementation of the statewide Next Generation | 19 | | 9-1-1 network, the Illinois State Police's administrative | 20 | | costs include the one-time capital cost of upgrading the | 21 | | Illinois State Police's call-handling equipment to meet | 22 | | the standards necessary to access and increase | 23 | | interoperability with the statewide Next Generation 9-1-1 | 24 | | network. | 25 | | (A) Upon completion of the Illinois State Police's | 26 | | call-handling equipment upgrades, but no later than |
| | | HB3940 Enrolled | - 53 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | June 30, 2024, surplus moneys in excess of $1,000,000 | 2 | | from subparagraph (C) of paragraph (1) not utilized by | 3 | | the Illinois State Police for administrative costs | 4 | | shall be distributed to the 9-1-1 Authorities in | 5 | | accordance with subparagraph (E) of paragraph (2) on | 6 | | an annual basis at the end of the State fiscal year. | 7 | | Any remaining surplus money may also be distributed | 8 | | consistent with this paragraph (1.5) at the discretion | 9 | | of the Illinois State Police. | 10 | | (B) Upon implementation of the Statewide NG9-1-1 | 11 | | system, but no later than June 30, 2024, surplus | 12 | | moneys in excess of $5,000,000 from subparagraph (F) | 13 | | of paragraph (1) not utilized by the Illinois State | 14 | | Police for the implementation of and continuing | 15 | | expenses for the Statewide NG9-1-1 system shall be | 16 | | distributed to the 9-1-1 Authorities in accordance | 17 | | with subparagraph (E) of subsection (2) on an annual | 18 | | basis at the end of the State fiscal year. Any | 19 | | remaining surplus money may also be distributed | 20 | | consistent with this paragraph (1.5) at the discretion | 21 | | of the Illinois State Police. | 22 | | (2) After disbursements under paragraph (1) of this | 23 | | subsection (b), all remaining funds in the Statewide 9-1-1 | 24 | | Fund shall be disbursed in the following priority order: | 25 | | (A) The Fund shall pay monthly to: | 26 | | (i) the 9-1-1 Authorities that imposed |
| | | HB3940 Enrolled | - 54 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | surcharges under Section 15.3 of this Act and were | 2 | | required to report to the Illinois Commerce | 3 | | Commission under Section 27 of the Wireless | 4 | | Emergency Telephone Safety Act on October 1, 2014, | 5 | | except a 9-1-1 Authority in a municipality with a | 6 | | population in excess of 500,000, an amount equal | 7 | | to the average monthly wireline and VoIP surcharge | 8 | | revenue attributable to the most recent 12-month | 9 | | period reported to the Illinois State Police under | 10 | | that Section for the October 1, 2014 filing, | 11 | | subject to the power of the Illinois State Police | 12 | | to investigate the amount reported and adjust the | 13 | | number by order under Article X of the Public | 14 | | Utilities Act, so that the monthly amount paid | 15 | | under this item accurately reflects one-twelfth of | 16 | | the aggregate wireline and VoIP surcharge revenue | 17 | | properly attributable to the most recent 12-month | 18 | | period reported to the Commission; or | 19 | | (ii) county qualified governmental entities | 20 | | that did not impose a surcharge under Section 15.3 | 21 | | as of December 31, 2015, and counties that did not | 22 | | impose a surcharge as of June 30, 2015, an amount | 23 | | equivalent to their population multiplied by .37 | 24 | | multiplied by the rate of $0.69; counties that are | 25 | | not county qualified governmental entities and | 26 | | that did not impose a surcharge as of December 31, |
| | | HB3940 Enrolled | - 55 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | 2015, shall not begin to receive the payment | 2 | | provided for in this subsection until E9-1-1 and | 3 | | wireless E9-1-1 services are provided within their | 4 | | counties; or | 5 | | (iii) counties without 9-1-1 service that had | 6 | | a surcharge in place by December 31, 2015, an | 7 | | amount equivalent to their population multiplied | 8 | | by .37 multiplied by their surcharge rate as | 9 | | established by the referendum. | 10 | | (B) All 9-1-1 network costs for systems outside of | 11 | | municipalities with a population of at least 500,000 | 12 | | shall be paid by the Illinois State Police directly to | 13 | | the vendors. | 14 | | (C) All expenses incurred by the Administrator and | 15 | | the Statewide 9-1-1 Advisory Board and costs | 16 | | associated with procurement under Section 15.6b | 17 | | including requests for information and requests for | 18 | | proposals. | 19 | | (D) Funds may be held in reserve by the Statewide | 20 | | 9-1-1 Advisory Board and disbursed by the Illinois | 21 | | State Police for grants under Section 15.4b of this | 22 | | Act and for NG9-1-1 expenses up to $12.5 million per | 23 | | year in State fiscal years 2016 and 2017; up to $20 | 24 | | million in State fiscal year 2018; up to $20.9 million | 25 | | in State fiscal year 2019; up to $15.3 million in State | 26 | | fiscal year 2020; up to $16.2 million in State fiscal |
| | | HB3940 Enrolled | - 56 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | year 2021; up to $23.1 million in State fiscal year | 2 | | 2022; and up to $17.0 million per year for State fiscal | 3 | | year 2023 and each year thereafter. The amount held in | 4 | | reserve in State fiscal years 2021, 2022, and 2023 | 5 | | shall not be less than $6.5 million. Disbursements | 6 | | under this subparagraph (D) shall be prioritized as | 7 | | follows: (i) consolidation grants prioritized under | 8 | | subsection (a) of Section 15.4b of this Act; (ii) | 9 | | NG9-1-1 expenses; and (iii) consolidation grants under | 10 | | Section 15.4b of this Act for consolidation expenses | 11 | | incurred between January 1, 2010, and January 1, 2016. | 12 | | (E) All remaining funds per remit month shall be | 13 | | used to make monthly disbursements proportional grants | 14 | | to the appropriate 9-1-1 Authority currently taking | 15 | | wireless 9-1-1 based upon the United States Postal Zip | 16 | | Code of the billing addresses of subscribers of | 17 | | wireless carriers. | 18 | | (c) The moneys deposited into the Statewide 9-1-1 Fund | 19 | | under this Section shall not be subject to administrative | 20 | | charges or chargebacks unless otherwise authorized by this | 21 | | Act. | 22 | | (d) Whenever two or more 9-1-1 Authorities consolidate, | 23 | | the resulting Joint Emergency Telephone System Board shall be | 24 | | entitled to the monthly payments that had theretofore been | 25 | | made to each consolidating 9-1-1 Authority. Any reserves held | 26 | | by any consolidating 9-1-1 Authority shall be transferred to |
| | | HB3940 Enrolled | - 57 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | the resulting Joint Emergency Telephone System Board. Whenever | 2 | | a county that has no 9-1-1 service as of January 1, 2016 enters | 3 | | into an agreement to consolidate to create or join a Joint | 4 | | Emergency Telephone System Board, the Joint Emergency | 5 | | Telephone System Board shall be entitled to the monthly | 6 | | payments that would have otherwise been paid to the county if | 7 | | it had provided 9-1-1 service.
| 8 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; | 9 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | 10 | | (50 ILCS 750/35) | 11 | | (Section scheduled to be repealed on December 31, 2023) | 12 | | Sec. 35. 9-1-1 surcharge; allowable expenditures. | 13 | | (a) Except as otherwise provided in this Act, expenditures | 14 | | from surcharge revenues received under this Act shall may be | 15 | | made consistent with 47 CFR 9.23, which include by | 16 | | municipalities, counties, and 9-1-1 Authorities only to pay | 17 | | for the costs associated with the following: | 18 | | (1) support and implementation of 9-1-1 services | 19 | | provided by or in the State or taxing jurisdiction | 20 | | imposing the fee or charge; and The design of the | 21 | | Emergency Telephone System. | 22 | | (2) operational expenses of public safety answering | 23 | | points within the State. Examples of allowable | 24 | | expenditures include, but are not limited to: | 25 | | (A) PSAP operating costs, including lease, |
| | | HB3940 Enrolled | - 58 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | purchase, maintenance, replacement, and upgrade of | 2 | | customer premises equipment (hardware and software), | 3 | | CAD equipment (hardware and software), and the PSAP | 4 | | building and facility and including NG9-1-1, | 5 | | cybersecurity, pre-arrival instructions, and emergency | 6 | | notification systems. PSAP operating costs include | 7 | | technological innovation that supports 9-1-1; | 8 | | (B) PSAP personnel costs, including | 9 | | telecommunicators' salaries and training; | 10 | | (C) PSAP administration, including costs for | 11 | | administration of 9-1-1 services and travel expenses | 12 | | associated with the provision of 9-1-1 services; | 13 | | (D) integrating public safety and first responder | 14 | | dispatch and 9-1-1 systems, including lease, purchase, | 15 | | maintenance, and upgrade of CAD equipment (hardware | 16 | | and software) to support integrated 9-1-1 and public | 17 | | safety dispatch operations; and | 18 | | (E) providing the interoperability of 9-1-1 | 19 | | systems with one another and with public safety and | 20 | | first responder radio systems The coding of an initial | 21 | | Master Street Address Guide database, and update and | 22 | | maintenance thereof . | 23 | | (3) (Blank). The repayment of any moneys advanced for | 24 | | the implementation of the system. | 25 | | (4) (Blank). The charges for Automatic Number | 26 | | Identification and Automatic Location Identification |
| | | HB3940 Enrolled | - 59 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | equipment, a computer aided dispatch system that records, | 2 | | maintains, and integrates information, mobile data | 3 | | transmitters equipped with automatic vehicle locators, and | 4 | | maintenance, replacement, and update thereof to increase | 5 | | operational efficiency and improve the provision of | 6 | | emergency services. | 7 | | (5) (Blank). The non-recurring charges related to | 8 | | installation of the Emergency Telephone System. | 9 | | (6) (Blank). The initial acquisition and installation, | 10 | | or the reimbursement of costs therefor to other | 11 | | governmental bodies that have incurred those costs, of | 12 | | road or street signs that are essential to the | 13 | | implementation of the Emergency Telephone System and that | 14 | | are not duplicative of signs that are the responsibility | 15 | | of the jurisdiction charged with maintaining road and | 16 | | street signs. Funds may not be used for ongoing expenses | 17 | | associated with road or street sign maintenance and | 18 | | replacement. | 19 | | (7) (Blank). Other products and services necessary for | 20 | | the implementation, upgrade, and maintenance of the system | 21 | | and any other purpose related to the operation of the | 22 | | system, including costs attributable directly to the | 23 | | construction, leasing, or maintenance of any buildings or | 24 | | facilities or costs of personnel attributable directly to | 25 | | the operation of the system. Costs attributable directly | 26 | | to the operation of an emergency telephone system do not |
| | | HB3940 Enrolled | - 60 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | include the costs of public safety agency personnel who | 2 | | are and equipment that is dispatched in response to an | 3 | | emergency call. | 4 | | (8) (Blank). The defraying of expenses incurred to | 5 | | implement Next Generation 9-1-1, subject to the conditions | 6 | | set forth in this Act. | 7 | | (9) (Blank). The implementation of a computer aided | 8 | | dispatch system or hosted supplemental 9-1-1 services. | 9 | | (10) (Blank). The design, implementation, operation, | 10 | | maintenance, or upgrade of wireless 9-1-1, E9-1-1, or | 11 | | NG9-1-1 emergency services and public safety answering | 12 | | points. | 13 | | (b) The obligation or expenditure of surcharge revenues | 14 | | received under this Act for a purpose or function inconsistent | 15 | | with 47 CFR 9.23 and this Section shall constitute diversion, | 16 | | which undermines the purpose of this Act by depriving the | 17 | | 9-1-1 system of the funds it needs to function effectively and | 18 | | to modernize 9-1-1 operations. Examples of diversion include, | 19 | | but are not limited to: | 20 | | (1) transfer of 9-1-1 fees into a State or other | 21 | | jurisdiction's general fund or other fund for non-9-1-1 | 22 | | purposes; | 23 | | (2) use of surcharge revenues for equipment or | 24 | | infrastructure for constructing or expanding | 25 | | non-public-safety communications networks (e.g., | 26 | | commercial cellular networks); and |
| | | HB3940 Enrolled | - 61 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (3) use of surcharge revenues for equipment or | 2 | | infrastructure for law enforcement, firefighters, and | 3 | | other public safety or first responder entities that does | 4 | | not directly support providing 9-1-1 services. | 5 | | (c) In the case of a municipality with a population over | 6 | | 500,000, moneys may also be used for any anti-terrorism or | 7 | | emergency preparedness measures, including, but not limited | 8 | | to, preparedness planning, providing local matching funds for | 9 | | federal or State grants, personnel training, and specialized | 10 | | equipment, including surveillance cameras, as needed to deal | 11 | | with natural and terrorist-inspired emergency situations or | 12 | | events.
| 13 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .) | 14 | | (50 ILCS 750/40) | 15 | | (Section scheduled to be repealed on December 31, 2023) | 16 | | Sec. 40. Financial reports. | 17 | | (a) The Illinois State Police shall create uniform | 18 | | accounting procedures, with such modification as may be | 19 | | required to give effect to statutory provisions applicable | 20 | | only to municipalities with a population in excess of 500,000, | 21 | | that any emergency telephone system board or unit of local | 22 | | government receiving surcharge money pursuant to Section 15.3, | 23 | | 15.3a, or 30 of this Act must follow. | 24 | | (b) By January 31, 2018, and every January 31 thereafter, | 25 | | each emergency telephone system board or unit of local |
| | | HB3940 Enrolled | - 62 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | government receiving surcharge money pursuant to Section 15.3, | 2 | | 15.3a, or 30 shall report to the Illinois State Police audited | 3 | | financial statements showing total revenue and expenditures | 4 | | for the period beginning with the end of the period covered by | 5 | | the last submitted report through the end of the previous | 6 | | calendar year in a form and manner as prescribed by the | 7 | | Illinois State Police. Such financial information shall | 8 | | 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 Illinois State | 16 | | Police and collected in accordance with any reporting | 17 | | method established or required by the Illinois State | 18 | | Police; | 19 | | (4) all costs associated with dispatching appropriate | 20 | | public safety agencies to respond to 9-1-1 calls received | 21 | | by the PSAP; and | 22 | | (5) all funding sources and amounts of funding used | 23 | | for costs described in paragraph (4) of this subsection | 24 | | (b). | 25 | | The emergency telephone system board or unit of local | 26 | | government is responsible for any costs associated with |
| | | HB3940 Enrolled | - 63 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | auditing such financial statements. The Illinois State Police | 2 | | shall post annual financial reports the audited financial | 3 | | statements on the Illinois State Police's website. | 4 | | (c) Along with its audited financial statement, each | 5 | | emergency telephone system board or unit of local government | 6 | | receiving a grant under Section 15.4b of this Act shall | 7 | | include a report of the amount of grant moneys received and how | 8 | | the grant moneys were used. In case of a conflict between this | 9 | | requirement and the Grant Accountability and Transparency Act, | 10 | | or with the rules of the Governor's Office of Management and | 11 | | Budget adopted thereunder, that Act and those rules shall | 12 | | control. | 13 | | (d) If an emergency telephone system board that receives | 14 | | funds from the Statewide 9-1-1 Fund fails to file the 9-1-1 | 15 | | system financial reports as required under this Section, the | 16 | | Illinois State Police shall suspend and withhold monthly | 17 | | disbursements otherwise due to the emergency telephone system | 18 | | board under 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 and shall be distributed proportionally by the | 22 | | Illinois State Police to compliant emergency telephone system | 23 | | boards that receive funds from the Statewide 9-1-1 Fund. | 24 | | Any emergency telephone system board not in compliance | 25 | | with this Section shall be ineligible to receive any | 26 | | consolidation grant or infrastructure grant issued under this |
| | | HB3940 Enrolled | - 64 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | Act. | 2 | | (e) The Illinois State Police may adopt emergency rules | 3 | | necessary to implement the provisions of this Section.
| 4 | | (f) Any findings or decisions of the Illinois State Police | 5 | | under this Section shall be deemed a final administrative | 6 | | decision and shall be subject to judicial review under the | 7 | | Administrative Review Law. | 8 | | (g) Beginning October 1, 2017, the Illinois State Police | 9 | | shall provide a quarterly report to the Statewide 9-1-1 | 10 | | Advisory Board of its expenditures from the Statewide 9-1-1 | 11 | | Fund for the prior fiscal quarter. | 12 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; | 13 | | 102-813, eff. 5-13-22.) | 14 | | (50 ILCS 750/50) | 15 | | (Section scheduled to be repealed on December 31, 2023) | 16 | | Sec. 50. Fund audits. The Auditor General shall conduct as | 17 | | a part of its bi-annual audit, an audit of the Statewide 9-1-1 | 18 | | Fund and the Wireless Carrier Reimbursement Fund for | 19 | | compliance with the requirements of this Act. The audit shall | 20 | | include, but not be limited to, the following determinations: | 21 | | (1) Whether detailed records of all receipts and | 22 | | disbursements from the Statewide 9-1-1 Fund and the | 23 | | Wireless Carrier Reimbursement Fund are being maintained. | 24 | | (2) Whether administrative costs charged to the funds | 25 | | are adequately documented and are reasonable. |
| | | HB3940 Enrolled | - 65 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | (3) Whether the procedures for making disbursements | 2 | | and grants and providing reimbursements in accordance with | 3 | | the Act are adequate. | 4 | | (4) The status of the implementation of statewide | 5 | | 9-1-1 service and Next Generation 9-1-1 service in | 6 | | Illinois. | 7 | | The Illinois Commerce Commission, the Illinois State | 8 | | Police, and any other entity or person that may have | 9 | | information relevant to the audit shall cooperate fully and | 10 | | promptly with the Office of the Auditor General in conducting | 11 | | the audit. The Auditor General shall commence the audit as | 12 | | soon as possible and distribute the report upon completion in | 13 | | accordance with Section 3-14 of the Illinois State Auditing | 14 | | Act.
| 15 | | (Source: P.A. 102-538, eff. 8-20-21.) | 16 | | (50 ILCS 750/99) | 17 | | (Section scheduled to be repealed on December 31, 2023) | 18 | | Sec. 99. Repealer. This Act is repealed on December 31, | 19 | | 2025 2023 .
| 20 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| 21 | | (50 ILCS 750/15 rep.)
| 22 | | (50 ILCS 750/15.2c rep.) | 23 | | (50 ILCS 750/45 rep.) | 24 | | Section 15. The Emergency Telephone System Act is amended |
| | | HB3940 Enrolled | - 66 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | by repealing Sections 15, 15.2c, and 45. | 2 | | Section 20. The Criminal Code of 2012 is amended by | 3 | | changing Section 26-1 as follows:
| 4 | | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| 5 | | Sec. 26-1. Disorderly conduct.
| 6 | | (a) A person commits disorderly conduct when he or she | 7 | | knowingly:
| 8 | | (1) Does any act in such unreasonable manner as to | 9 | | alarm or disturb
another and to provoke a breach of the | 10 | | peace;
| 11 | | (2) Transmits or causes to be transmitted in any | 12 | | manner to the fire
department of any city,
town, village | 13 | | or fire protection district a false alarm of fire, knowing
| 14 | | at the time of the transmission that there is no | 15 | | reasonable ground for
believing that the fire exists;
| 16 | | (3) Transmits or causes to be transmitted in any | 17 | | manner to another a
false alarm to the effect that a bomb | 18 | | or other explosive of any nature or a
container holding | 19 | | poison gas, a deadly biological or chemical contaminant, | 20 | | or
radioactive substance is concealed in a place where its | 21 | | explosion or release
would endanger human life, knowing at | 22 | | the time of the transmission that there
is no reasonable | 23 | | ground for believing that the bomb, explosive or a | 24 | | container
holding poison gas, a deadly biological or |
| | | HB3940 Enrolled | - 67 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | chemical contaminant, or radioactive
substance is | 2 | | concealed in the place;
| 3 | | (3.5) Transmits or causes to be transmitted in any | 4 | | manner a threat of destruction of a school building or | 5 | | school property, or a threat of violence, death, or bodily | 6 | | harm directed against persons at a school, school | 7 | | function, or school event, whether or not school is in | 8 | | session; | 9 | | (4) Transmits or causes to be transmitted in any | 10 | | manner to any peace
officer, public officer or public | 11 | | employee a report to the effect that an
offense will be | 12 | | committed, is being committed, or has been committed, | 13 | | knowing
at the time of the transmission that there is no | 14 | | reasonable ground for
believing that the offense will be | 15 | | committed, is being committed, or has
been committed;
| 16 | | (5) Transmits or causes to be transmitted in any | 17 | | manner a false report to any public
safety agency without | 18 | | the reasonable grounds necessary to believe that
| 19 | | transmitting the report is necessary for the safety and | 20 | | welfare of the
public; or
| 21 | | (6) Calls or texts the number "911" or transmits or | 22 | | causes to be transmitted in any manner to a public safety | 23 | | agency or public safety answering point for the purpose of | 24 | | making or transmitting a
false alarm or complaint and | 25 | | reporting information when, at the time the call , text,
or | 26 | | transmission is made, the person knows there is no |
| | | HB3940 Enrolled | - 68 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | reasonable ground for
making the call , text, or | 2 | | transmission and further knows that the call , text, or | 3 | | transmission
could result in the emergency response of any | 4 | | public safety agency;
| 5 | | (7) Transmits or causes to be transmitted in any | 6 | | manner a false report to the
Department of Children and | 7 | | Family Services under Section 4 of the Abused and
| 8 | | Neglected Child Reporting Act;
| 9 | | (8) Transmits or causes to be transmitted in any | 10 | | manner a false report to the
Department of Public Health | 11 | | under the Nursing Home Care Act, the Specialized Mental | 12 | | Health Rehabilitation Act of 2013, the ID/DD Community | 13 | | Care Act, or the MC/DD Act;
| 14 | | (9) Transmits or causes to be transmitted in any | 15 | | manner to the police
department or fire department of any | 16 | | municipality or fire protection district,
or any privately | 17 | | owned and operated ambulance service, a false request for | 18 | | an
ambulance, emergency medical technician-ambulance or | 19 | | emergency medical
technician-paramedic knowing at the time | 20 | | there is no reasonable ground for
believing that the | 21 | | assistance is required;
| 22 | | (10) Transmits or causes to be transmitted in any | 23 | | manner a false report under
Article II of Public Act | 24 | | 83-1432;
| 25 | | (11) Enters upon the property of another and for a | 26 | | lewd or unlawful
purpose deliberately looks into a |
| | | HB3940 Enrolled | - 69 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | dwelling on the property through any
window or other | 2 | | opening in it; or
| 3 | | (12) While acting as a collection agency as defined in | 4 | | the
Collection Agency Act or as an employee of the | 5 | | collection agency, and
while attempting to collect an | 6 | | alleged debt, makes a telephone call to
the alleged debtor | 7 | | which is designed to harass, annoy or intimidate the
| 8 | | alleged debtor.
| 9 | | (b) Sentence. A violation of subsection (a)(1) of this | 10 | | Section
is a Class C misdemeanor. A violation of subsection | 11 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | 12 | | violation of subsection
(a)(8) or (a)(10) of this Section is a | 13 | | Class B misdemeanor. A violation of
subsection (a)(2), | 14 | | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | 15 | | a Class 4
felony. A
violation of subsection (a)(3) of this | 16 | | Section is a Class 3 felony, for which
a fine of not less than | 17 | | $3,000 and no more than $10,000 shall be assessed in
addition | 18 | | to any other penalty imposed.
| 19 | | A violation of subsection (a)(12) of this Section is a | 20 | | Business Offense and
shall be punished by a fine not to exceed | 21 | | $3,000. A second or subsequent
violation of subsection (a)(7) | 22 | | or (a)(5) of this Section is a Class
4 felony. A third or | 23 | | subsequent violation of subsection (a)(11) of this Section
is | 24 | | a Class 4 felony.
| 25 | | (c) In addition to any other sentence that may be imposed, | 26 | | a court shall
order any person convicted of disorderly conduct |
| | | HB3940 Enrolled | - 70 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | to perform community service
for not less than 30 and not more | 2 | | than 120 hours, if community service is
available in the | 3 | | jurisdiction and is funded and approved by the county board of
| 4 | | the county where the offense was committed. In addition, | 5 | | whenever any person
is placed on supervision for an alleged | 6 | | offense under this Section, the
supervision shall be | 7 | | conditioned upon the performance of the community service.
| 8 | | This subsection does not apply when the court imposes a | 9 | | sentence of
incarceration. | 10 | | (d) In addition to any other sentence that may be imposed, | 11 | | the court shall
order any person convicted of disorderly | 12 | | conduct under paragraph (3) of subsection (a) involving a | 13 | | false alarm of a threat that a bomb or explosive device has | 14 | | been placed in a school that requires an emergency response to | 15 | | reimburse the unit of government that employs the emergency | 16 | | response officer or officers that were dispatched to the | 17 | | school for the cost of the response. If the court determines | 18 | | that the person convicted of disorderly conduct that requires | 19 | | an emergency response to a school is indigent, the provisions | 20 | | of this subsection (d) do not apply. | 21 | | (e) In addition to any other sentence that may be imposed, | 22 | | the court shall
order any person convicted of disorderly | 23 | | conduct under paragraph (3.5) or (6) of subsection (a) to | 24 | | reimburse the public agency for the reasonable costs of the | 25 | | emergency response by the public agency up to $10,000. If the | 26 | | court determines that the person convicted of disorderly |
| | | HB3940 Enrolled | - 71 - | LRB103 25395 AWJ 51742 b |
|
| 1 | | conduct under paragraph (3.5) or (6) of subsection (a) is | 2 | | indigent, the provisions of this subsection (e) do not apply. | 3 | | (f) For the purposes of this Section, "emergency response" | 4 | | means any condition that results in, or could result in, the | 5 | | response of a public official in an authorized emergency | 6 | | vehicle, any condition that jeopardizes or could jeopardize | 7 | | public safety and results in, or could result in, the | 8 | | evacuation of any area, building, structure, vehicle, or of | 9 | | any other place that any person may enter, or any incident | 10 | | requiring a response by a police officer, a firefighter, a | 11 | | State Fire Marshal employee, or an ambulance. | 12 | | (Source: P.A. 101-238, eff. 1-1-20 .)
| 13 | | Section 99. Effective date. This Section and the changes | 14 | | to Section 99 of the Emergency Telephone System Act take | 15 | | effect upon becoming law. |
|