97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5566

 

Introduced 2/15/2012, by Rep. Karen May

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 751/15

    Amends the Wireless Emergency Telephone Safety Act. Provides that upon request of a law enforcement agency or a public safety answering point on behalf of a law enforcement agency, a wireless service provider shall provide call location information concerning the telecommunications device of a user to the requesting law enforcement agency or public safety answering point. Provides that a law enforcement agency or public safety answering point may not request information under this provision unless for the purposes of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm. Provides that a wireless service provider may establish protocols by which the carrier voluntarily discloses call location information. Provides that a claim for relief may not be brought in a court against a wireless service provider or any other person for providing call location information if acting in good faith. Provides that the Department of State Police shall obtain contact information from all wireless service providers authorized to do business in the State to facilitate a request from a law enforcement agency or a public safety answering point on behalf of a law enforcement agency for call location information. Provides that the Department shall disseminate the contact information to each public safety answering point in the State.


LRB097 18411 RLC 63637 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5566LRB097 18411 RLC 63637 b

1    AN ACT concerning wireless service.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wireless Emergency Telephone Safety Act is
5amended by changing Section 15 as follows:
 
6    (50 ILCS 751/15)
7    (Section scheduled to be repealed on April 1, 2013)
8    Sec. 15. Wireless emergency 9-1-1 service. The digits
9"9-1-1" shall be the designated emergency telephone number
10within the wireless system.
11    (a) Standards. The Illinois Commerce Commission may set
12non-discriminatory, uniform technical and operational
13standards consistent with the rules of the Federal
14Communications Commission for directing calls to authorized
15public safety answering points. These standards shall not in
16any way prescribe the technology or manner a wireless carrier
17shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
18and these standards shall not exceed the requirements set by
19the Federal Communications Commission. However, standards for
20directing calls to the authorized public safety answering point
21shall be included. The authority given to the Illinois Commerce
22Commission in this Section is limited to setting standards as
23set forth herein and does not constitute authority to regulate

 

 

HB5566- 2 -LRB097 18411 RLC 63637 b

1wireless carriers.
2    (b) Wireless public safety answering points. For the
3purpose of providing wireless 9-1-1 emergency services, an
4emergency telephone system board or, in the absence of an
5emergency telephone system board, a qualified governmental
6entity may declare its intention for one or more of its public
7safety answering points to serve as a primary wireless 9-1-1
8public safety answering point for its jurisdiction by notifying
9the Chief Clerk of the Illinois Commerce Commission and the
10Director of State Police in writing within 6 months after the
11effective date of this Act or within 6 months after receiving
12its authority to operate a 9-1-1 system under the Emergency
13Telephone System Act, whichever is later. In addition, 2 or
14more emergency telephone system boards or qualified units of
15local government may, by virtue of an intergovernmental
16agreement, provide wireless 9-1-1 service. The Department of
17State Police shall be the primary wireless 9-1-1 public safety
18answering point for any jurisdiction not providing notice to
19the Commission and the Department of State Police. Nothing in
20this Act shall require the provision of wireless enhanced 9-1-1
21services.
22    (b-5)(1) Upon request of a law enforcement agency or a
23public safety answering point on behalf of a law enforcement
24agency, a wireless service provider shall provide call location
25information concerning the telecommunications device of a user
26to the requesting law enforcement agency or public safety

 

 

HB5566- 3 -LRB097 18411 RLC 63637 b

1answering point. A law enforcement agency or public safety
2answering point may not request information under this section
3unless for the purposes of responding to a call for emergency
4services or in an emergency situation that involves the risk of
5death or serious physical harm.
6    (2) A wireless service provider may establish protocols by
7which the carrier voluntarily discloses call location
8information.
9    (3) A claim for relief may not be brought in any court
10against any wireless service provider or any other person for
11providing call location information if acting in good faith and
12under this subsection (b-5).
13    (4) The Department of State Police shall obtain contact
14information from all wireless service providers authorized to
15do business in this State to facilitate a request from a law
16enforcement agency or a public safety answering point on behalf
17of a law enforcement agency for call location information under
18this subsection (b-5). The Department shall disseminate the
19contact information to each public safety answering point in
20this State.
21    The Illinois Commerce Commission, upon a request from a
22qualified governmental entity or an emergency telephone system
23board, may grant authority to the emergency telephone system
24board or a qualified governmental entity to provide wireless
259-1-1 service in areas for which the Department of State Police
26has accepted wireless 9-1-1 responsibility. The Illinois

 

 

HB5566- 4 -LRB097 18411 RLC 63637 b

1Commerce Commission shall maintain a current list of all 9-1-1
2systems and qualified governmental entities providing wireless
39-1-1 service under this Act.
4    Any emergency telephone system board or qualified
5governmental entity providing wireless 9-1-1 service prior to
6the effective date of this Act may continue to operate upon
7notification as previously described in this Section. An
8emergency telephone system board or a qualified governmental
9entity shall submit, with its notification, the date upon which
10it commenced operating.
11    (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced
129-1-1 Board is created. The Board consists of 7 members
13appointed by the Governor with the advice and consent of the
14Senate. It is recommended that the Governor appoint members
15from the following: the Illinois Chapter of the National
16Emergency Numbers Association, the Illinois State Police, law
17enforcement agencies, the wireless telecommunications
18industry, an emergency telephone system board in Cook County
19(outside the City of Chicago), an emergency telephone system
20board in the Metro-east area, and an emergency telephone system
21board in the collar counties (Lake, McHenry, DuPage, Kane, and
22Will counties). Members of the Board may not receive any
23compensation but may, however, be reimbursed for any necessary
24expenditure in connection with their duties.
25    Except as provided in Section 45, the Wireless Enhanced
269-1-1 Board shall set the amount of the monthly wireless

 

 

HB5566- 5 -LRB097 18411 RLC 63637 b

1surcharge required to be imposed under Section 17 on all
2wireless subscribers in this State. Prior to the Wireless
3Enhanced 9-1-1 Board setting any surcharge, the Board shall
4publish the proposed surcharge in the Illinois Register, hold
5hearings on the surcharge and the requirements for an efficient
6wireless emergency number system, and elicit public comment.
7The Board shall determine the minimum cost necessary for
8implementation of this system and the amount of revenue
9produced based upon the number of wireless telephones in use.
10The Board shall set the surcharge at the minimum amount
11necessary to achieve the goals of the Act and shall, by July 1,
122000, file this information with the Governor, the Clerk of the
13House, and the Secretary of the Senate. The surcharge may not
14be more than $0.75 per month per CMRS connection.
15    The Wireless Enhanced 9-1-1 Board shall report to the
16General Assembly by July 1, 2000 on implementing wireless
17non-emergency services for the purpose of public safety using
18the digits 3-1-1. The Board shall consider the delivery of
193-1-1 services in a 6 county area, including rural Cook County
20(outside of the City of Chicago), and DuPage, Lake, McHenry,
21Will, and Kane Counties, as well as counties outside of this
22area by an emergency telephone system board, a qualified
23governmental entity, or private industry. The Board, upon
24completion of all its duties required under this Act, is
25dissolved.
26(Source: P.A. 95-698, eff. 1-1-08.)