Public Act 096-1443
 
HB4990 EnrolledLRB096 18572 MJR 33954 b


  
    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.


Effective Date:  8/20/2010