Public Act 096-1443
Public Act 1443 96TH GENERAL ASSEMBLY
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Public Act 096-1443
| | HB4990 Enrolled | LRB096 18572 MJR 33954 b |
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| AN ACT concerning utilities.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Emergency Telephone System Act is amended by | changing Sections 10, 11, and 15.4 and by adding Sections 2.21, | 2.22, and 2.23 as follows:
| (50 ILCS 750/2.21 new) | Sec. 2.21. Next generation 9-1-1 (NG9-1-1). "Next | generation 9-1-1" or "(NG9-1-1)" means, for the purposes of a | Regional Pilot Project, a system comprised of managed Internet | Protocol-based networks and elements that augment or replace | present day 9-1-1 features and functions and add new | capabilities, which may enable the public to transmit text, | images, video, or data, or a combination thereof, to the 9-1-1 | system.
| (50 ILCS 750/2.22 new) | Sec. 2.22. Regional Pilot Project. "Regional Pilot | Project" means an experimental program designed to test the | efficacy of next generation 9-1-1 (NG9-1-1) within a region | that includes not less than 15 counties and not more than 19 | counties with an aggregate population no greater than 500,000. | Any Regional Pilot Project must be approved by the Commission |
| and provide for an initial testing phase designed to | demonstrate the ability of the technology to provide access to | emergency services from new and existing sources with no | reduction in existing service quality, reliability, or safety.
| (50 ILCS 750/2.23 new) | Sec. 2.23. Qualified governmental entity. "Qualified | governmental entity" means a unit of local government | authorized to provide 9-1-1 services pursuant to the Emergency | Telephone System Act where no emergency telephone system board | exists.
| (50 ILCS 750/10) (from Ch. 134, par. 40) | Sec. 10. Technical and operational standards for the | development of the
local agency systems shall be established | and reviewed by the Commission on or before
December 31, 1979, | after consultation with all agencies specified in Section 9. | For the limited purpose of permitting a board, a qualified | governmental entity, a group of boards, or a group of | governmental entities to participate in a Regional Pilot | Project to implement next generation 9-1-1, as defined in this | Act, the Commission may forbear from applying any rule adopted | under the Emergency Telephone Systems Act as it applies to | conducting of the Regional Pilot Project to implement next | generation 9-1-1, if the Commission determines, after notice | and hearing, that: |
| (1) enforcement of the rule is not necessary to ensure | the development and improvement of emergency communication | procedures and facilities in such a manner as to be able to | quickly respond to any person requesting 9-1-1 service from | police, fire, medical, rescue, and other emergency | services; | (2) enforcement of the rule or provision is not | necessary for the protection of consumers; and | (3) forbearance from applying the provisions or rules | is consistent with the public interest. | The Commission may exercise such forbearance with respect | to one, and only one, Regional Pilot Project to implement next | generation 9-1-1. | If the Commission authorizes a Regional Pilot Project, then | telecommunications carriers shall not be liable for any civil | damages as a result of any act or omission, except willful or | wanton misconduct, in connection with developing, adopting, | operating, implementing, or delivering or receiving calls in | connection with any plan or system authorized by this Section | and Section 11 of this Act. | (Source: P.A. 79-1092.)
| (50 ILCS 750/11) (from Ch. 134, par. 41) | Sec. 11. Within one year after the implementation date or | by January 31,
1980, whichever is later, all public agencies in | a county having 100,000
or more inhabitants shall
submit |
| tentative plans of the establishment of a system required by | this
Act to the public utility or utilities providing public | telephone
service within the respective jurisdiction of each | public agency. A
copy of each such plan shall be filed with the | Commission. | Within 2 years after the implementation date or by
January | 31, 1982, whichever is later, all public agencies in a county | having
100,000 or more inhabitants shall submit final
plans for | the establishment of the system to such utilities, and shall
| make arrangements with such utilities for the implementation of | the
planned emergency telephone system no later than 3 years | after the implementation
date or by December 31, 1985, | whichever is later. A
copy of the plan required by this | subdivision shall be filed with the
Commission. In order to | secure compliance with the standards promulgated
under Section | 10, the Commission shall have the power to approve or
| disapprove such plan, unless such plan was announced before the
| effective date of this Act. | If any public agency has implemented or is a part of a | system
required by this Act on a deadline specified in this | Section, such
public agency shall submit in lieu of the | tentative or final plan a
report describing the system and | stating its operational date. | A board, a qualified governmental entity, a group of | boards, or a group of qualified governmental entities involved | in a Regional Pilot Project to implement next generation 9-1-1, |
| as defined in this Act, shall submit a plan to the Commission | describing in detail the Regional Pilot Project no fewer than | 180 days prior to the implementation of the plan. The | Commission may approve the plan after notice and hearing to | authorize such Regional Pilot Project. Such shall not exceed | one year duration or other time period approved by the | Commission. No entity may proceed with the Regional Pilot | Project until it receives Commission approval. In approving any | plan for a Regional Pilot Project under this Section, the | Commission may impose such terms, conditions, or requirements | as, in its judgment, are necessary to protect the interests of | the public. | The Commission shall have authority to approve one, and | only one, Regional Pilot Project to implement next generation | 9-1-1. | Plans filed under this Section shall conform to minimum | standards
established pursuant to Section 10. | (Source: P.A. 81-1122.)
| (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | Sec. 15.4. Emergency Telephone System Board; powers. | (a) The corporate authorities of any county or municipality
| that imposes a surcharge under Section 15.3 shall establish an | Emergency
Telephone System Board. The corporate authorities | shall provide for the
manner of appointment and the number of | members of the Board, provided that
the board shall consist of |
| not fewer than 5 members, one of whom
must be a
public member | who is a resident of the local exchange service territory
| included in the 9-1-1 coverage area, one of whom (in counties | with a
population less than 100,000) must be a member of the | county
board, and
at least 3 of whom shall be representative of | the 9-1-1 public safety agencies,
including but not limited to | police departments, fire departments, emergency
medical | services providers, and emergency services and disaster | agencies, and
appointed on the basis of their ability or | experience. In counties with a population of more than 100,000 | but less than 2,000,000, a member of the county board may serve | on the Emergency Telephone System Board. Elected officials, | including members of a county board, are
also eligible to serve | on the board. Members of the board shall serve without
| compensation but shall be reimbursed for their actual and | necessary
expenses. Any 2 or more municipalities, counties, or | combination thereof,
that impose a surcharge under Section 15.3 | may, instead of establishing
individual boards, establish by | intergovernmental agreement a Joint
Emergency Telephone System | Board pursuant to this Section. The manner of
appointment of | such a joint board shall be prescribed in the agreement. | (b) The powers and duties of the board shall be defined by | ordinance
of the municipality or county, or by | intergovernmental agreement in the
case of a joint board. The | powers and duties shall include, but need not
be limited to the | following: |
| (1) Planning a 9-1-1 system. | (2) Coordinating and supervising the implementation, | upgrading, or
maintenance of the system, including the | establishment of equipment
specifications and coding | systems. | (3) Receiving moneys
from the surcharge imposed under | Section 15.3, and
from any other source, for deposit into | the Emergency Telephone System Fund. | (4) Authorizing all disbursements from the fund. | (5) Hiring any staff necessary for the implementation | or upgrade of the
system. | (6) Participating in a Regional Pilot Project to | implement next generation 9-1-1, as defined in this Act, | subject to the conditions set forth in this Act. | (c) All moneys
received by a board pursuant to a surcharge | imposed under
Section 15.3 shall be deposited into a separate | interest-bearing
Emergency Telephone System Fund account. The | treasurer of the municipality or
county that has established | the board or, in the case of a joint board, any
municipal or | county treasurer designated in the intergovernmental | agreement,
shall be custodian of the fund. All interest | accruing on the fund shall remain
in the fund. No expenditures | may be made from such fund except upon the
direction of the | board by resolution passed by a majority of all members of the
| board. Expenditures may be made only to pay for the costs | associated with the
following: |
| (1) The design of the Emergency Telephone System. | (2) The coding of an initial Master Street Address | Guide data base, and
update and maintenance thereof. | (3) The repayment of any moneys
advanced for the | implementation of
the system. | (4) The charges for Automatic Number Identification | and Automatic
Location Identification equipment,
a | computer aided dispatch system that records, maintains, | and integrates
information,
mobile data transmitters | equipped with
automatic vehicle locators, and maintenance, | replacement and
update thereof
to increase operational | efficiency and improve the provision of emergency
| services. | (5) The non-recurring charges related to installation | of the Emergency
Telephone System and the ongoing network | charges. | (6) The acquisition and installation, or the | reimbursement of costs
therefor to other governmental | bodies that have incurred those costs, of road
or street | signs that are essential to the implementation of the | emergency
telephone system and that are not duplicative of | signs that are the
responsibility of the jurisdiction | charged with maintaining road and street
signs. | (7) Other products and services necessary for the | implementation,
upgrade, and maintenance of the system and | any other purpose related to the
operation of
the system, |
| including costs attributable directly to the construction, | leasing,
or maintenance of any buildings or facilities or | costs of personnel
attributable directly to the operation | of the system. Costs attributable
directly to the operation | of an emergency telephone system do not include the
costs | of public safety agency personnel who are and equipment | that is
dispatched in response to an emergency call. | (8) In the case of a municipality that imposes a | surcharge under subsection (h) of Section 15.3, moneys may | also be used for any anti-terrorism or emergency | preparedness measures, including, but not limited to, | preparedness planning, providing local matching funds for | federal or State grants, personnel training, and | specialized equipment, including surveillance cameras as | needed to deal with natural and terrorist-inspired | emergency situations or events.
| (9) The defraying of expenses incurred in | participation in a Regional Pilot Project to implement next | generation 9-1-1, subject to the conditions set forth in | this Act. | Moneys in the fund may also be transferred to a | participating fire protection district to reimburse volunteer | firefighters who man remote telephone switching facilities | when dedicated 9-1-1 lines are down.
| (d) The board shall complete the data base before | implementation of the
9-1-1 system. The error ratio of the data |
| base shall not at any time
exceed 1% of the total data base. | (Source: P.A. 95-698, eff. 1-1-08; 95-806, eff. 1-1-09; | 95-1012, eff. 12-15-08; revised 1-18-10.)
| Section 7. The Wireless Emergency Telephone Safety Act is | amended by changing Section 25 as follows:
| (50 ILCS 751/25) | (Section scheduled to be repealed on April 1, 2013) | Sec. 25. Wireless Service Emergency Fund; distribution of | moneys.
Within 60 days after the effective date of this Act, | wireless carriers
shall submit to the Illinois Commerce | Commission the number of
wireless subscribers by zip code and | the 9-digit zip code of the wireless
subscribers, if currently | being used or later implemented by the carrier. | The Illinois Commerce Commission shall, subject to
| appropriation, make monthly proportional grants to the | appropriate emergency
telephone system board or qualified | governmental entity based upon the United
States Postal Zip | Code of the wireless subscriber's billing address. No
matching | funds shall be required from grant recipients. | If the Illinois Commerce Commission is notified of an area
| of overlapping jurisdiction, grants for that area shall be made | based upon
reference to an official Master Street Address Guide | to the emergency
telephone system board or qualified | governmental entity whose public
service answering points |
| provide wireless 9-1-1 service in that area.
The emergency | telephone system board or qualified governmental entity shall
| provide the Illinois Commerce Commission with a valid copy of | the
appropriate Master Street Address Guide. The Illinois | Commerce Commission does not have a duty to verify | jurisdictional responsibility. | In the event of a subscriber billing address being matched | to an incorrect
jurisdiction by the Illinois Commerce | Commission, the recipient,
upon notification from the Illinois | Commerce Commission, shall
redirect the funds to the correct | jurisdiction. The Illinois Commerce Commission
shall not be | held liable for any damages relating to an
act or omission | under this Act, unless the act or omission constitutes gross
| negligence, recklessness, or intentional misconduct. | In the event of a dispute between emergency telephone | system boards or
qualified governmental entities concerning a | subscriber billing address, the
Illinois Commerce Commission | shall resolve the dispute. | The Illinois Commerce Commission shall maintain detailed | records
of all receipts and disbursements and shall provide an | annual accounting of all
receipts and disbursements to the | Auditor General. | The Illinois Commerce Commission shall adopt rules to | govern the
grant process. | The Illinois Commerce Commission must conduct a study to | determine the future technological and financial needs of the |
| wireless 9-1-1 systems The Illinois Commerce Commission may | also use moneys in the Wireless Service Emergency Fund for the | purpose of conducting a study to determine the future | technological and financial needs of the wireless 9-1-1 | systems. The A study shall include input from the | telecommunications industry, the Illinois National Emergency | Number Association, and the public safety community.
The | Illinois Commerce Commission may use moneys in the Wireless | Service Emergency Fund for the purpose of conducting the study. | The Illinois Commerce Commission must report its findings and | recommendations to the General Assembly within one year after | the effective date of this amendatory Act of the 96th General | Assembly. | (Source: P.A. 95-698, eff. 1-1-08.)
| Section 10. The Public Utilities Act is amended by adding | Section 13-900.1 as follows:
| (220 ILCS 5/13-900.1 new) | Sec. 13-900.1. Regulatory flexibility for 9-1-1 system | providers. | (a) For purposes of this Section, "Regional Pilot Project" | to implement next generation 9-1-1 has the same meaning as that | term is defined in Section 2.22 of the Emergency Telephone | System Act. | (b)
For the limited purpose of a Regional Pilot Project to |
| implement next generation 9-1-1, as defined in Section 13-900 | of this Article, the Commission may forbear from applying any | rule or provision of Section 13-900 as it applies to | implementation of the Regional Pilot Project to implement next | generation 9-1-1 if the Commission determines, after notice and | hearing, that:
(1) enforcement of the rule is not necessary to | ensure the development and improvement of emergency | communication procedures and facilities in such a manner as to | be able to quickly respond to any person requesting 9-1-1 | services from police, fire, medical, rescue, and other | emergency services;
(2) enforcement of the rule or provision is | not necessary for the protection of consumers; and
(3) | forbearance from applying such provisions or rules is | consistent with the public interest.
The Commission may | exercise such forbearance with respect to one, and only one, | Regional Pilot Project as authorized by Sections 10 and 11 of | the Emergency Telephone Systems Act to implement next | generation 9-1-1.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/20/2010
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