Illinois General Assembly - Full Text of HB5157
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Full Text of HB5157  101st General Assembly

HB5157 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5157

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Emergency Telephone System Act. Extends the repeal of the Act from December 31, 2020 to December 31, 2023. Makes various changes to definitions. Provides that within 12 months of the awarding of a contract under the Public Utilities Act to establish a statewide next generation 9-1-1 network (rather than July 1, 2020), every 9-1-1 system in Illinois shall provide next generation 9-1-1 service. Amends various other Acts to make conforming changes. Effective immediately.


LRB101 18064 RLC 70241 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5157LRB101 18064 RLC 70241 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Telephone System Act is amended by
5changing Sections 2, 3, 4, 5, 6, 6.1, 7, 8, 10, 10.1, 10.3, 14,
615, 15.2, 15.2a, 15.4a, 15.6, 15.6a, 15.6b, 17.5, 19, 20, 30,
740, 45, and 99 and by adding Sections 6.2 and 7.1 as follows:
 
8    (50 ILCS 750/2)  (from Ch. 134, par. 32)
9    (Section scheduled to be repealed on December 31, 2020)
10    Sec. 2. Definitions. As used in this Act, unless the
11context otherwise requires:
12    "9-1-1 network" means the network used for the delivery of
139-1-1 calls and messages over dedicated and redundant
14facilities to a primary or backup 9-1-1 PSAP that meets the
15appropriate grade of service P.01 grade of service standards
16for basic 9-1-1 and enhanced 9-1-1 services or meets national
17I3 industry call delivery standards for Next Generation 9-1-1
18services.
19    "9-1-1 system" means the geographic area that has been
20granted an order of authority by the Commission or the
21Statewide 9-1-1 Administrator to use "9-1-1" as the primary
22emergency telephone number, including but not limited to the
23network, software applications, databases, CPE components and

 

 

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1operational and management procedures required to provide
29-1-1 service.
3    "9-1-1 Authority" means includes an Emergency Telephone
4System Board, Joint Emergency Telephone System Board that
5provides for the management and operation of a 9-1-1 system ,
6and a qualified governmental entity. "9-1-1 Authority"
7includes the Department of State Police only to the extent it
8provides 9-1-1 services under this Act.
9    "Administrator" means the Statewide 9-1-1 Administrator.
10    "Advanced service" means any telecommunications service
11with or without dynamic bandwidth allocation, including, but
12not limited to, ISDN Primary Rate Interface (PRI), that,
13through the use of a DS-1, T-1, or other un-channelized or
14multi-channel transmission facility, is capable of
15transporting either the subscriber's inter-premises voice
16telecommunications services to the public switched network or
17the subscriber's 9-1-1 calls to the public agency.
18    "ALI" or "automatic location identification" means, in an
19E9-1-1 system, the automatic display at the public safety
20answering point of the caller's telephone number, the address
21or location of the caller's telephone, and supplementary
22emergency services information of the location from which a
23call originates.
24    "ANI" or "automatic number identification" means the
25automatic display of the 10 digit telephone number associated
26with the caller's telephone number 9-1-1 calling party's number

 

 

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1on the PSAP monitor.
2    "Automatic alarm" and "automatic alerting device" mean any
3device that will access the 9-1-1 system for emergency services
4upon activation and does not provide for two-way communication.
5    "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
6Backup Answering Point, or VAP.
7    "Authorized entity" means an answering point or
8participating agency other than a decommissioned PSAP.
9    "Backup PSAP" means an a public safety answering point that
10meets the appropriate standards of service and serves as an
11alternate to the PSAP operating independently from the PSAP for
12enhanced systems and is at a different location, which has the
13capability to direct dispatch for the PSAP or otherwise
14transfer emergency calls directly to an authorized entity. and
15operates independently from the PSAP. A backup PSAP may accept
16overflow calls from the PSAP or be activated if the primary
17PSAP is disabled.
18    "Board" means an Emergency Telephone System Board or a
19Joint Emergency Telephone System Board created pursuant to
20Section 15.4.
21    "Carrier" means a business entity that provides a
22communication function to a customer base, typically for a fee,
23that accesses the statewide 9-1-1 system. "Carrier" includes,
24but is not limited to, a telecommunications carrier, carrier
25and a wireless carrier, local exchange carrier, and VoIP
26service provider carrier.

 

 

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1    "Commission" means the Illinois Commerce Commission.
2    "Computer aided dispatch" or "CAD" means a computer-based
3system that aids public safety telecommunicators PSAP
4telecommunicators by automating selected dispatching and
5recordkeeping activities.
6    "Direct dispatch dispatch method" means a 9-1-1 service
7wherein upon receipt of an emergency call, that provides for
8the direct dispatch by a public safety telecommunicator
9transmits - without delay, transfer, relay, or referral - all
10relevant available information to PSAP telecommunicator of the
11appropriate public safety personnel or emergency responders
12unit upon receipt of an emergency call and the decision as to
13the proper action to be taken.
14    "Decommissioned" means the revocation of a PSAPs authority
15to handle 9-1-1 calls as an answering point within the 9-1-1
16network.
17    "Department" means the Department of State Police.
18    "DS-1, T-1, or similar un-channelized or multi-channel
19transmission facility" means a facility that can transmit and
20receive a bit rate of at least 1.544 megabits per second
21(Mbps).
22    "Dynamic bandwidth allocation" means the ability of the
23facility or customer to drop and add channels, or adjust
24bandwidth, when needed in real time for voice or data purposes.
25    "Emergency call" means any type of request for emergency
26assistance through a 9 1-1 network either to the digits 9-1-1

 

 

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1or the emergency 24/7 10-digit telephone number for all
2answering points. An emergency call is not limited to a voice
3telephone call. It could be a two-way video call, an
4interactive text, Teletypewriter (TTY), an SMS, an Instant
5Message, or any new mechanism for communications available in
6the future. An emergency call occurs when the request for
7emergency assistance is received by a public safety
8telecommunicator.
9    "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
10includes network switching, database and PSAP premise elements
11capable of providing automatic location identification data,
12selective routing, selective transfer, fixed transfer, and a
13call back number, including any enhanced 9-1-1 service so
14designated by the Federal Communications Commission in its
15report and order in WC Dockets Nos. 04-36 and 05-196, or any
16successor proceeding.
17    "ETSB" means an emergency telephone system board appointed
18by the corporate authorities of any county or municipality that
19provides for the management and operation of a 9-1-1 system.
20    "Grade of service" means P.01 for enhanced 9-1-1 services
21or the NENA i3 Solution adopted standard for NG9-1-1.
22    "Hearing-impaired individual" means a person with a
23permanent hearing loss who can regularly and routinely
24communicate by telephone only through the aid of devices which
25can send and receive written messages over the telephone
26network.

 

 

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1    "Hosted supplemental 9-1-1 service" means a database
2service that:
3        (1) electronically provides information to 9-1-1 call
4    takers when a call is placed to 9-1-1;
5        (2) allows telephone subscribers to provide
6    information to 9-1-1 to be used in emergency scenarios;
7        (3) collects a variety of formatted data relevant to
8    9-1-1 and first responder needs, which may include, but is
9    not limited to, photographs of the telephone subscribers,
10    physical descriptions, medical information, household
11    data, and emergency contacts;
12        (4) allows for information to be entered by telephone
13    subscribers through a secure website where they can elect
14    to provide as little or as much information as they choose;
15        (5) automatically displays data provided by telephone
16    subscribers to 9-1-1 call takers for all types of
17    telephones when a call is placed to 9-1-1 from a registered
18    and confirmed phone number;
19        (6) supports the delivery of telephone subscriber
20    information through a secure internet connection to all
21    emergency telephone system boards;
22        (7) works across all 9-1-1 call taking equipment and
23    allows for the easy transfer of information into a computer
24    aided dispatch system; and
25        (8) may be used to collect information pursuant to an
26    Illinois Premise Alert Program as defined in the Illinois

 

 

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1    Premise Alert Program (PAP) Act.
2    "Interconnected voice over Internet protocol provider" or
3"Interconnected VoIP provider" has the meaning given to that
4term under Section 13-235 of the Public Utilities Act.
5    "Joint ETSB" means a Joint Emergency Telephone System Board
6established by intergovernmental agreement of two or more
7municipalities or counties, or a combination thereof, to
8provide for the management and operation of a 9-1-1 system.
9    "Local public agency" means any unit of local government or
10special purpose district located in whole or in part within
11this State that provides or has authority to provide
12firefighting, police, ambulance, medical, or other emergency
13services.
14    "Mechanical dialer" means any device that accesses either
15manually or remotely triggers a dialing device to access the
169-1-1 system without human intervention and does not provide
17for two-way communication.
18    "Master Street Address Guide" or "MSAG" is a database of
19street names and house ranges within their associated
20communities defining emergency service zones (ESZs) and their
21associated emergency service numbers (ESNs) to enable proper
22routing of 9-1-1 calls.
23    "Mobile telephone number" or "MTN" means the telephone
24number assigned to a wireless telephone at the time of initial
25activation.
26    "Network connections" means the number of voice grade

 

 

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1communications channels directly between a subscriber and a
2telecommunications carrier's public switched network, without
3the intervention of any other telecommunications carrier's
4switched network, which would be required to carry the
5subscriber's inter-premises traffic and which connection
6either (1) is capable of providing access through the public
7switched network to a 9-1-1 Emergency Telephone System, if one
8exists, or (2) if no system exists at the time a surcharge is
9imposed under Section 15.3, that would be capable of providing
10access through the public switched network to the local 9-1-1
11Emergency Telephone System if one existed. Where multiple voice
12grade communications channels are connected to a
13telecommunications carrier's public switched network through a
14private branch exchange (PBX) service, there shall be
15determined to be one network connection for each trunk line
16capable of transporting either the subscriber's inter-premises
17traffic to the public switched network or the subscriber's
189-1-1 calls to the public agency. Where multiple voice grade
19communications channels are connected to a telecommunications
20carrier's public switched network through Centrex centrex type
21service, the number of network connections shall be equal to
22the number of PBX trunk equivalents for the subscriber's
23service or other multiple voice grade communication channels
24facility, as determined by reference to any generally
25applicable exchange access service tariff filed by the
26subscriber's telecommunications carrier with the Commission.

 

 

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1    "Network costs" means those recurring costs that directly
2relate to the operation of the 9-1-1 network as determined by
3the Statewide 9-1-1 Administrator with the advice of the
4Statewide 9-1-1 Advisory Board, which may include, but need not
5be limited to, some or all of the following: costs for
6interoffice trunks, selective routing charges, transfer lines
7and toll charges for 9-1-1 services, Automatic Location
8Information (ALI) database charges, independent local exchange
9carrier charges and non-system provider charges, carrier
10charges for third party database for on-site customer premises
11equipment, back-up PSAP trunks for non-system providers,
12periodic database updates as provided by carrier (also known as
13"ALI data dump"), regional ALI storage charges, circuits for
14call delivery (fiber or circuit connection), NG9-1-1 costs, and
15all associated fees, taxes, and surcharges on each invoice.
16"Network costs" shall not include radio circuits or toll
17charges that are other than for 9-1-1 services.
18    "Next generation 9-1-1" or "NG9-1-1" means a secure an
19Internet Protocol-based (IP-based) open-standards system
20comprised of hardware, software, data, and operational
21policies and procedures that: managed ESInets, functional
22elements and applications, and databases that replicate
23traditional E9-1-1 features and functions and provide
24additional capabilities. "NG9-1-1" systems are designed to
25provide access to emergency services from all connected
26communications sources, and provide multimedia data

 

 

HB5157- 10 -LRB101 18064 RLC 70241 b

1capabilities for PSAPs and other emergency services
2organizations.
3            (A) provides standardized interfaces from
4        emergency call and message services to support
5        emergency communications;
6            (B) processes all types of emergency calls,
7        including voice, text, data, and multimedia
8        information;
9            (C) acquires and integrates additional emergency
10        call data useful to call routing and handling;
11            (D) delivers the emergency calls, messages, and
12        data to the appropriate public safety answering point
13        and other appropriate emergency entities based on the
14        location of the caller;
15            (E) supports data, video, and other communications
16        needs for coordinated incident response and
17        management; and
18            (F) interoperates with services and networks used
19        by first responders to facilitate emergency response.
20    "NG9-1-1 costs" means those recurring costs that directly
21relate to the Next Generation 9-1-1 service as determined by
22the Statewide 9-1-1 Administrator with the advice of the
23Statewide 9-1-1 Advisory Board, which may include including,
24but need not be limited to, costs for NENA i3 Core Components
25(Border Control Function (BCF), Emergency Call Routing
26Function (ECRF), Location Validation Function (LVF), Emergency

 

 

HB5157- 11 -LRB101 18064 RLC 70241 b

1Services Routing Proxy (ESRP), Policy Store/Policy Routing
2Functions (PSPRF) and Location Information Servers (LIS)),
3Statewide ESInet, software external to the PSAP (data
4collection, identity management, aggregation and GIS
5functionality), and gateways (legacy 911 tandems or gateways or
6both). Emergency System Routing Proxy (ESRP), Emergency Call
7Routing Function/Location Validation Function (ECRF/LVF),
8Spatial Information Function (SIF), the Border Control
9Function (BCF), and the Emergency Services Internet Protocol
10networks (ESInets), legacy network gateways, and all
11associated fees, taxes, and surcharges on each invoice.
12    "Private branch exchange" or "PBX" means a private
13telephone system and associated equipment located on the user's
14property that provides communications between internal
15stations and external networks.
16    "Private business switch service" means network and
17premises based systems including a VoIP, Centrex type service,
18or PBX service, even though key telephone systems or equivalent
19telephone systems registered with the Federal Communications
20Commission under 47 C.F.R. Part 68 are directly connected to
21Centrex type and PBX systems. "Private business switch service"
22does not include key telephone systems or equivalent telephone
23systems registered with the Federal Communications Commission
24under 47 C.F.R. Part 68 when not used in conjunction with a
25VoIP, Centrex type, or PBX systems. "Private business switch
26service" typically includes, but is not limited to, private

 

 

HB5157- 12 -LRB101 18064 RLC 70241 b

1businesses, corporations, and industries where the
2telecommunications service is primarily for conducting
3business.
4    "Private residential switch service" means network and
5premise based systems including a VoIP, Centrex type service,
6or PBX service or key telephone systems or equivalent telephone
7systems registered with the Federal Communications Commission
8under 47 C.F.R. Part 68 that are directly connected to a VoIP,
9Centrex type service, or PBX systems equipped for switched
10local network connections or 9-1-1 system access to residential
11end users through a private telephone switch. "Private
12residential switch service" does not include key telephone
13systems or equivalent telephone systems registered with the
14Federal Communications Commission under 47 C.F.R. Part 68 when
15not used in conjunction with a VoIP, Centrex type, or PBX
16systems. "Private residential switch service" typically
17includes, but is not limited to, apartment complexes,
18condominiums, and campus or university environments where
19shared tenant service is provided and where the usage of the
20telecommunications service is primarily residential.
21    "Public agency" means the State, and any unit of local
22government or special purpose district located in whole or in
23part within this State, that provides or has authority to
24provide firefighting, police, ambulance, medical, or other
25emergency services.
26    "Public safety agency" means a functional division of a

 

 

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1public agency that provides firefighting, police, medical, or
2other emergency services to respond to and manage emergency
3incidents. For the purpose of providing wireless service to
4users of 9-1-1 emergency services, as expressly provided for in
5this Act, the Department of State Police may be considered a
6public safety agency.
7    "Public safety answering point" or "PSAP" means the primary
8answering location of an emergency call that meets the
9appropriate standards of service and is responsible for
10receiving and processing is a set of call-takers authorized by
11a governing body and operating under common management that
12receive 9-1-1 calls and asynchronous event notifications for a
13defined geographic area and processes those calls and events
14according to a specified operational policy.
15    "PSAP representative" means the manager or supervisor of a
16Public Safety Answering Point (PSAP) who oversees the daily
17operational functions and is responsible for the overall
18management and administration of the PSAP.
19    "Public safety telecommunicator" means any person employed
20in a full-time or part-time capacity at an answering point
21whose duties or responsibilities include answering, receiving,
22or transferring an emergency call for dispatch to the
23appropriate emergency responder.
24    "Public safety telecommunicator supervisor" means any
25person employed in a full-time or part-time capacity at an
26answering point or by a 9-1-1 Authority, whose primary duties

 

 

HB5157- 14 -LRB101 18064 RLC 70241 b

1or responsibilities are to direct, administer, or manage any
2public safety telecommunicator and whose responsibilities
3include answering, receiving or transferring an emergency call
4for dispatch to the appropriate responders.
5    "Qualified governmental entity" means a unit of local
6government authorized to provide 9-1-1 services pursuant to
7this Act where no emergency telephone system board exists.
8    "Referral method" means a 9-1-1 service in which the public
9safety telecommunicator PSAP telecommunicator provides the
10calling party with the telephone number of the appropriate
11public safety agency or other provider of emergency services.
12    "Regular service" means any telecommunications service,
13other than advanced service, that is capable of transporting
14either the subscriber's inter-premises voice
15telecommunications services to the public switched network or
16the subscriber's 9-1-1 calls to the public agency.
17    "Relay method" means a 9-1-1 service in which the public
18safety telecommunicator PSAP telecommunicator takes the
19pertinent information from a caller and relays that information
20to the appropriate public safety agency or other provider of
21emergency services.
22    "Remit period" means the billing period, one month in
23duration, for which a wireless carrier remits a surcharge and
24provides subscriber information by zip code to the Department,
25in accordance with Section 20 of this Act.
26    "Secondary Answering Point" or "SAP" means a location,

 

 

HB5157- 15 -LRB101 18064 RLC 70241 b

1other than a PSAP, that is able to receive the voice, data, and
2call back number of E9-1-1 or NG9-1-1 emergency calls
3transferred from a PSAP and completes the call taking process
4by dispatching police, medical, fire, or other emergency
5responders.
6    "Statewide wireless emergency 9-1-1 system" means all
7areas of the State where an emergency telephone system board
8or, in the absence of an emergency telephone system board, a
9qualified governmental entity, has not declared its intention
10for one or more of its public safety answering points to serve
11as a primary wireless 9-1-1 public safety answering point for
12its jurisdiction. The operator of the statewide wireless
13emergency 9-1-1 system shall be the Department of State Police.
14    "System" means the communications equipment and related
15software applications required to produce a response by the
16appropriate emergency public safety agency or other provider of
17emergency services as a result of an emergency call being
18placed to 9-1-1.
19    "System provider" means the contracted entity providing
209-1-1 network and database services.
21    "Telecommunications carrier" means those entities included
22within the definition specified in Section 13-202 of the Public
23Utilities Act, and includes those carriers acting as resellers
24of telecommunications services. "Telecommunications carrier"
25includes telephone systems operating as mutual concerns.
26"Telecommunications carrier" does not include a wireless

 

 

HB5157- 16 -LRB101 18064 RLC 70241 b

1carrier.
2    "Telecommunications technology" means equipment that can
3send and receive written messages over the telephone network.
4    "Transfer method" means a 9-1-1 service in which the public
5safety telecommunicator, who receives an emergency PSAP
6telecommunicator receiving a call, transmits, redirects, or
7conferences transfers that call to the appropriate public
8safety agency or other provider of emergency services. Transfer
9shall not include a relay or referral of the information
10without transferring the caller.
11    "Transmitting messages" shall have the meaning given to
12that term under Section 8-11-2 of the Illinois Municipal Code.
13    "Trunk line" means a transmission path, or group of
14transmission paths, connecting a subscriber's PBX to a
15telecommunications carrier's public switched network. In the
16case of regular service, each voice grade communications
17channel or equivalent amount of bandwidth capable of
18transporting either the subscriber's inter-premises voice
19telecommunications services to the public switched network or
20the subscriber's 9-1-1 calls to the public agency shall be
21considered a trunk line, even if it is bundled with other
22channels or additional bandwidth. In the case of advanced
23service, each DS-1, T-1, or other un-channelized or
24multi-channel transmission facility that is capable of
25transporting either the subscriber's inter-premises voice
26telecommunications services to the public switched network or

 

 

HB5157- 17 -LRB101 18064 RLC 70241 b

1the subscriber's 9-1-1 calls to the public agency shall be
2considered a single trunk line, even if it contains multiple
3voice grade communications channels or otherwise supports 2 or
4more voice grade calls at a time; provided, however, that each
5additional increment of up to 24 voice grade channels of
6transmission capacity that is capable of transporting either
7the subscriber's inter-premises voice telecommunications
8services to the public switched network or the subscriber's
99-1-1 calls to the public agency shall be considered an
10additional trunk line.
11    "Unmanned backup answering point PSAP" means an a public
12safety answering point that serves as an alternate to the PSAP
13at an alternate location and is typically unmanned but can be
14activated if the primary PSAP is disabled.
15    "Virtual answering point" or "VAP" means a temporary or
16nonpermanent location that is capable of receiving an emergency
17call, contains a fully functional worksite that is not bound to
18a specific location, but rather is portable and scalable,
19connecting public safety telecommunicators emergency call
20takers or dispatchers to the work process, and is capable of
21completing the call dispatching process.
22    "Voice-impaired individual" means a person with a
23permanent speech disability which precludes oral
24communication, who can regularly and routinely communicate by
25telephone only through the aid of devices which can send and
26receive written messages over the telephone network.

 

 

HB5157- 18 -LRB101 18064 RLC 70241 b

1    "Wireless carrier" means a provider of two-way cellular,
2broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
3Mobile Radio Service (CMRS), Wireless Communications Service
4(WCS), or other Commercial Mobile Radio Service (CMRS), as
5defined by the Federal Communications Commission, offering
6radio communications that may provide fixed, mobile, radio
7location, or satellite communication services to individuals
8or businesses within its assigned spectrum block and
9geographical area or that offers real-time, two-way voice
10service that is interconnected with the public switched
11network, including a reseller of such service.
12    "Wireless enhanced 9-1-1" means the ability to relay the
13telephone number of the originator of a 9-1-1 call and location
14information from any mobile handset or text telephone device
15accessing the wireless system to the designated wireless public
16safety answering point as set forth in the order of the Federal
17Communications Commission, FCC Docket No. 94-102, adopted June
1812, 1996, with an effective date of October 1, 1996, and any
19subsequent amendment thereto.
20    "Wireless public safety answering point" means the
21functional division of a 9-1-1 authority accepting wireless
229-1-1 calls.
23    "Wireless subscriber" means an individual or entity to whom
24a wireless service account or number has been assigned by a
25wireless carrier, other than an account or number associated
26with prepaid wireless telecommunication service.

 

 

HB5157- 19 -LRB101 18064 RLC 70241 b

1(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
2    (50 ILCS 750/3)  (from Ch. 134, par. 33)
3    (Section scheduled to be repealed on December 31, 2020)
4    Sec. 3. (a) By July 1, 2017, every local public agency
5shall be within the jurisdiction of a 9-1-1 system.
6    (b) Within 12 months of the awarding of a contract to a
7vendor certified under Section 13-900 of the Public Utilities
8Act to establish a statewide Next Generation 9-1-1 network By
9July 1, 2020, every 9-1-1 system in Illinois shall provide Next
10Generation 9-1-1 service.
11    (c) Nothing in this Act shall be construed to prohibit or
12discourage in any way the formation of multijurisdictional or
13regional systems, and any system established pursuant to this
14Act may include the territory of more than one public agency or
15may include a segment of the territory of a public agency.
16(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
17    (50 ILCS 750/4)  (from Ch. 134, par. 34)
18    (Section scheduled to be repealed on December 31, 2020)
19    Sec. 4. Every system shall include police, firefighting,
20and emergency medical and ambulance services, and may include
21other emergency services. The system may incorporate private
22ambulance service. In those areas in which a public safety
23agency of the State provides such emergency services, the
24system shall include such public safety agencies.

 

 

HB5157- 20 -LRB101 18064 RLC 70241 b

1(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
2    (50 ILCS 750/5)  (from Ch. 134, par. 35)
3    (Section scheduled to be repealed on December 31, 2020)
4    Sec. 5. The digits "9-1-1" shall be the primary emergency
5telephone number within the system, but a public agency or
6public safety agency shall maintain a separate secondary 10
7seven digit emergency backup number for at least six months
8after the "9-1-1" system is established and in operation, and
9shall maintain a separate number for nonemergency telephone
10calls.
11(Source: P.A. 100-20, eff. 7-1-17.)
 
12    (50 ILCS 750/6)  (from Ch. 134, par. 36)
13    (Section scheduled to be repealed on December 31, 2020)
14    Sec. 6. Capabilities of system; pay telephones. All systems
15shall be designed to meet the specific requirements of each
16community and public agency served by the system. Every system
17shall be designed to have the capability to of utilizing the
18direct dispatch or to method, relay method, transfer method, or
19referral method in response to emergency calls. The General
20Assembly finds and declares that the most critical aspect of
21the design of any system is the procedure established for
22handling a telephone request for emergency services.
23    In addition, to maximize efficiency and utilization of the
24system, all pay telephones within each system shall enable a

 

 

HB5157- 21 -LRB101 18064 RLC 70241 b

1caller to dial "9-1-1" for emergency services without the
2necessity of inserting a coin. This paragraph does not apply to
3pay telephones located in penal institutions, as defined in
4Section 2-14 of the Criminal Code of 2012, that have been
5designated for the exclusive use of committed persons.
6(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
7    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)
8    (Section scheduled to be repealed on December 31, 2020)
9    Sec. 6.1. Every 9-1-1 system shall be readily accessible to
10hearing-impaired and voice-impaired individuals through the
11use of telecommunications technology for hearing-impaired and
12speech-impaired individuals.
13(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
14    (50 ILCS 750/6.2 new)
15    Sec. 6.2. Every 9-1-1 system shall be able to accept text
16to 9-1-1 no later than January 1, 2023. The Illinois State
17Police shall adopt rules for the implementation of this
18Section.
 
19    (50 ILCS 750/7)  (from Ch. 134, par. 37)
20    (Section scheduled to be repealed on December 31, 2020)
21    Sec. 7. The General Assembly finds that, because of
22overlapping jurisdiction of public agencies, public safety
23agencies and telephone service areas, the Administrator, with

 

 

HB5157- 22 -LRB101 18064 RLC 70241 b

1the advice and recommendation of the Statewide 9-1-1 Advisory
2Board, shall establish a general overview or plan to effectuate
3the purposes of this Act within the time frame provided in this
4Act. The General Assembly further finds and declares that
5direct dispatch should be utilized if possible to shorten the
6time required for the public to request and receive emergency
7aid. The Administrator shall minimize the use of transfer,
8relay, and referral of an emergency call if possible and
9encourage Backup PSAPs to be able to direct dispatch. Transfer,
10relay, and referral of an emergency call to an entity other
11than an answering point or the Illinois State Police shall not
12be utilized in response to emergency calls unless exigent
13circumstances exist. In order to insure that proper preparation
14and implementation of emergency telephone systems are
15accomplished by all public agencies as required under this Act,
16the Department, with the advice and assistance of the Attorney
17General, shall secure compliance by public agencies as provided
18in this Act.
19(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
20    (50 ILCS 750/7.1 new)
21    Sec. 7.1. Training.
22    (a) Each 9-1-1 Authority, as well as its answering points,
23shall ensure its public safety telecommunicators and public
24safety telecommunicator Supervisors comply with the training,
25testing, and certification requirements established pursuant

 

 

HB5157- 23 -LRB101 18064 RLC 70241 b

1to Section 2605-53 of the Department of State Police Law.
2    (b) Each 9-1-1 Authority, as well as its answering points,
3shall maintain a record regarding its public safety
4telecommunicators and public safety telecommunicator
5Supervisors compliance with this Section for at least 7 years
6and shall make the training records available for inspection by
7the Administrator upon request.
8    (c) Costs incurred for the development of standards,
9training, testing and certification shall be expenses paid by
10the Department from the funds available to the Administrator
11and the Statewide 9-1-1 Advisory Board under Section 30 of this
12Act. Nothing in this subsection shall prohibit the use of
13grants or other non-surcharge funding sources available for
14this purpose.
 
15    (50 ILCS 750/8)  (from Ch. 134, par. 38)
16    (Section scheduled to be repealed on December 31, 2020)
17    Sec. 8. The Administrator, with the advice and
18recommendation of the Statewide 9-1-1 Advisory Board, shall
19coordinate the implementation of systems established under
20this Act. To assist with this coordination, all systems
21authorized to operate under this Act shall register with the
22Administrator information regarding its composition and
23organization, including, but not limited to, identification of
24all answering points. Decommissioned PSAPs shall not be
25registered and are not part of the 9-1-1 system in Illinois

 

 

HB5157- 24 -LRB101 18064 RLC 70241 b

1PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs. The
2Department may adopt rules for the administration of this
3Section.
4(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
5    (50 ILCS 750/10)  (from Ch. 134, par. 40)
6    (Section scheduled to be repealed on December 31, 2020)
7    Sec. 10. (a) The Administrator, with the advice and
8recommendation of the Statewide 9-1-1 Advisory Board, shall
9establish uniform technical and operational standards for all
109-1-1 systems in Illinois. All findings, orders, decisions,
11rules, and regulations issued or promulgated by the Commission
12under this Act or any other Act establishing or conferring
13power on the Commission with respect to emergency
14telecommunications services, shall continue in force.
15Notwithstanding the provisions of this Section, where
16applicable, the Administrator shall, with the advice and
17recommendation of the Statewide 9-1-1 Advisory Board, amend the
18Commission's findings, orders, decisions, rules, and
19regulations to conform to the specific provisions of this Act
20as soon as practicable after the effective date of this
21amendatory Act of the 99th General Assembly.
22    (a-5) All 9-1-1 systems are responsible for complying with
23the uniform technical and operational standards adopted by the
24Administrator and the Illinois State Police with the advice and
25recommendation of the Statewide 9-1-1 Advisory Board.

 

 

HB5157- 25 -LRB101 18064 RLC 70241 b

1    (b) The Department may adopt emergency rules necessary to
2implement the provisions of this amendatory Act of the 99th
3General Assembly under subsection (t) of Section 5-45 of the
4Illinois Administrative Procedure Act.
5    (c) Nothing in this Act shall deprive the Commission of any
6authority to regulate the provision by telecommunication
7carriers or 9-1-1 system service providers of
8telecommunication or other services under the Public Utilities
9Act.
10    (d) For rules that implicate both the regulation of 9-1-1
11authorities under this Act and the regulation of
12telecommunication carriers and 9-1-1 system service providers
13under the Public Utilities Act, the Department and the
14Commission may adopt joint rules necessary for implementation.
15    (e) Any findings, orders, or decisions of the Administrator
16under this Section shall be deemed a final administrative
17decision and shall be subject to judicial review under the
18Administrative Review Law.
19(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
20    (50 ILCS 750/10.1)  (from Ch. 134, par. 40.1)
21    (Section scheduled to be repealed on December 31, 2020)
22    Sec. 10.1. Confidentiality.
23    (a) 9-1-1 information consisting of names, addresses and
24telephone numbers of telephone customers whose listings are not
25published in directories or listed in Directory Assistance

 

 

HB5157- 26 -LRB101 18064 RLC 70241 b

1Offices is confidential. Except as provided in subsection (b),
2information shall be provided on a call-by-call basis only for
3the purpose of responding to emergency calls. For the purposes
4of this subsection (a), "emergency" means a situation in which
5property or human life is in jeopardy and the prompt
6notification of the public safety agency is essential.
7    (b) 9-1-1 information, including information described in
8subsection (a), may be used by a public safety agency for the
9purpose of placing out-going emergency calls.
10    (c) Nothing in this Section prohibits a municipality with a
11population of more than 500,000 from using 9-1-1 information,
12including information described in subsection (a), for the
13purpose of responding to calls made to a non-emergency
14telephone system that is under the supervision and control of a
15public safety agency and that shares all or some facilities
16with an emergency telephone system.
17    (d) Any public safety agency that uses 9-1-1 information
18for the purposes of subsection (b) must establish methods and
19procedures that ensure the confidentiality of information as
20required by subsection (a).
21    (e) Divulging confidential information in violation of
22this Section is a Class A misdemeanor.
23(Source: P.A. 100-20, eff. 7-1-17.)
 
24    (50 ILCS 750/10.3)
25    (Section scheduled to be repealed on December 31, 2020)

 

 

HB5157- 27 -LRB101 18064 RLC 70241 b

1    Sec. 10.3. Notice of address change. The Emergency
2Telephone System Board or qualified governmental entity in any
3county implementing a 9-1-1 system that changes any person's
4address (when the person whose address has changed has not
5moved to a new residence) shall notify the person (i) of the
6person's new address and (ii) that the person should contact
7the local election authority to determine if the person should
8re-register to vote.
9(Source: P.A. 100-20, eff. 7-1-17.)
 
10    (50 ILCS 750/14)  (from Ch. 134, par. 44)
11    (Section scheduled to be repealed on December 31, 2020)
12    Sec. 14. The General Assembly declares that a major purpose
13of this Act is to ensure that 9-1-1 systems have redundant
14methods of dispatch for: (1) each public safety agency within
15its jurisdiction, herein known as participating agencies; and
16(2) 9-1-1 systems whose jurisdictional boundaries are
17contiguous, herein known as adjacent 9-1-1 systems, when an
18emergency request for service is received for a public safety
19agency that needs to be dispatched by the adjacent 9-1-1
20system. Another primary purpose of this Section is to eliminate
21instances in which a public safety agency refuses, once
22dispatched, to render aid outside of the jurisdictional
23boundaries of the public safety agency. Therefore, in
24implementing a 9-1-1 system under this Act, all 9-1-1
25authorities shall enter into call handling and aid outside

 

 

HB5157- 28 -LRB101 18064 RLC 70241 b

1jurisdictional boundaries agreements with each participating
2agency and adjacent 9-1-1 system. The agreements shall provide
3a primary and secondary means of dispatch. It must also provide
4that, once an emergency unit is dispatched in response to a
5request through the system, such unit shall render its services
6to the requesting party without regard to whether the unit is
7operating outside its normal jurisdictional boundaries.
8Certified notification of the continuation of call handling and
9aid outside jurisdictional boundaries agreements shall be made
10among the involved parties on an annual basis. The Illinois
11State Police may adopt rules for the administration of this
12Section.
13(Source: P.A. 100-20, eff. 7-1-17.)
 
14    (50 ILCS 750/15)  (from Ch. 134, par. 45)
15    (Section scheduled to be repealed on December 31, 2020)
16    Sec. 15. Copies of the annual certified notification of
17continuing agreement required by Section 14 shall be filed with
18the Attorney General and the Administrator. All such agreements
19shall be so filed prior to the 31st day of January. The
20Attorney General shall commence judicial proceedings to
21enforce compliance with this Section and Section 14, where a
22public agency or public safety agency has failed to timely
23enter into such agreement or file copies thereof.
24(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 

 

 

HB5157- 29 -LRB101 18064 RLC 70241 b

1    (50 ILCS 750/15.2)  (from Ch. 134, par. 45.2)
2    (Section scheduled to be repealed on December 31, 2020)
3    Sec. 15.2. Any person placing an "emergency call" to
4calling the number "911" for the purpose of making a false
5alarm or complaint and reporting false information when, at the
6time the call or transmission is made, the person knows there
7is no reasonable ground for making the call or transmission and
8further knows that the call or transmission could result in the
9emergency response of any public safety agency, is subject to
10the provisions of Section 26-1 of the Criminal Code of 2012.
11(Source: P.A. 100-20, eff. 7-1-17.)
 
12    (50 ILCS 750/15.2a)  (from Ch. 134, par. 45.2a)
13    (Section scheduled to be repealed on December 31, 2020)
14    Sec. 15.2a. The installation of or connection to a
15telephone company's network of any automatic alarm, automatic
16alerting device, or mechanical dialer that causes the number
179-1-1 to be dialed in order to directly access emergency
18services is prohibited in a 9-1-1 system. Any device that
19allows for one button emergency calling must be equipped to
20minimize accidental activation.
21    This Section does not apply to a person who connects to a
229-1-1 network using automatic crash notification technology
23subject to an established protocol.
24    This Section does not apply to devices used to enable
25access to the 9-1-1 system for cognitively-impaired or special

 

 

HB5157- 30 -LRB101 18064 RLC 70241 b

1needs persons or for persons with disabilities in an emergency
2situation reported by a caregiver after initiating a missing
3person's report. The device must have the capability to be
4activated and controlled remotely by trained personnel at a
5service center to prevent falsely activated or repeated calls
6to the 9-1-1 system in a single incident. The device must have
7the technical capability to generate location information to
8the 9-1-1 system. Under no circumstances shall a device be sold
9for use in a geographical jurisdiction where the 9-1-1 system
10has not deployed wireless phase II location technology. The
11alerting device shall also provide for either 2-way
12communication or send a pre-recorded message to a 9-1-1
13provider explaining the nature of the emergency so that the
149-1-1 provider will be able to dispatch the appropriate
15emergency responder.
16    Violation of this Section is a Class A misdemeanor. A
17second or subsequent violation of this Section is a Class 4
18felony.
19(Source: P.A. 99-143, eff. 7-27-15; 100-20, eff. 7-1-17.)
 
20    (50 ILCS 750/15.4a)
21    (Section scheduled to be repealed on December 31, 2020)
22    Sec. 15.4a. Consolidation.
23    (a) By July 1, 2017, and except as otherwise provided in
24this Section, Emergency Telephone System Boards, Joint
25Emergency Telephone System Boards, qualified governmental

 

 

HB5157- 31 -LRB101 18064 RLC 70241 b

1entities, and PSAPs shall be consolidated as follows, subject
2to subsections (b) and (c) of this Section:
3        (1) In any county with a population of at least 250,000
4    that has a single Emergency Telephone System Board, or
5    qualified governmental entity and more than 2 PSAPs, shall
6    reduce the number of PSAPs by at least 50% or to 2 PSAPs,
7    whichever is greater. Nothing in this paragraph shall
8    preclude consolidation resulting in one PSAP in the county.
9        (2) In any county with a population of at least 250,000
10    that has more than one Emergency Telephone System Board,
11    Joint Emergency Telephone System Board, or qualified
12    governmental entity, any 9-1-1 Authority serving a
13    population of less than 25,000 shall be consolidated such
14    that no 9-1-1 Authority in the county serves a population
15    of less than 25,000.
16        (3) In any county with a population of at least 250,000
17    but less than 1,000,000 that has more than one Emergency
18    Telephone System Board, Joint Emergency Telephone System
19    Board, or qualified governmental entity, each 9-1-1
20    Authority shall reduce the number of PSAPs by at least 50%
21    or to 2 PSAPs, whichever is greater. Nothing in this
22    paragraph shall preclude consolidation of a 9-1-1
23    Authority into a Joint Emergency Telephone System Board,
24    and nothing in this paragraph shall preclude consolidation
25    resulting in one PSAP in the county.
26        (4) In any county with a population of less than

 

 

HB5157- 32 -LRB101 18064 RLC 70241 b

1    250,000 that has a single Emergency Telephone System Board
2    or qualified governmental entity and more than 2 PSAPs, the
3    9-1-1 Authority shall reduce the number of PSAPs by at
4    least 50% or to 2 PSAPs, whichever is greater. Nothing in
5    this paragraph shall preclude consolidation resulting in
6    one PSAP in the county.
7        (5) In any county with a population of less than
8    250,000 that has more than one Emergency Telephone System
9    Board or , Joint Emergency Telephone System Board, or
10    qualified governmental entity and more than 2 PSAPS, the
11    9-1-1 Authorities shall be consolidated into a single joint
12    board, and the number of PSAPs shall be reduced by at least
13    50% or to 2 PSAPs, whichever is greater. Nothing in this
14    paragraph shall preclude consolidation resulting in one
15    PSAP in the county.
16        (6) Any 9-1-1 Authority that does not have a PSAP
17    within its jurisdiction shall be consolidated through an
18    intergovernmental agreement with an existing 9-1-1
19    Authority that has a PSAP to create a Joint Emergency
20    Telephone Board.
21        (7) The corporate authorities of each county that has
22    no 9-1-1 service as of January 1, 2016 shall provide
23    enhanced 9-1-1 wireline and wireless enhanced 9-1-1
24    service for that county by either (i) entering into an
25    intergovernmental agreement with an existing Emergency
26    Telephone System Board to create a new Joint Emergency

 

 

HB5157- 33 -LRB101 18064 RLC 70241 b

1    Telephone System Board, or (ii) entering into an
2    intergovernmental agreement with the corporate authorities
3    that have created an existing Joint Emergency Telephone
4    System Board.
5    (b) By July 1, 2016, each county required to consolidate
6pursuant to paragraph (7) of subsection (a) of this Section and
7each 9-1-1 Authority required to consolidate pursuant to
8paragraphs (1) through (6) of subsection (a) of this Section
9shall file a plan for consolidation or a request for a waiver
10pursuant to subsection (c) of this Section with the Office of
11the Statewide 9-1-1 Administrator.
12        (1) No county or 9-1-1 Authority may avoid the
13    requirements of this Section by converting primary PSAPs to
14    secondary or virtual answering points; however a PSAP may
15    be decommissioned. Staff from decommissioned PSAPs may
16    remain to perform non-emergency police, fire, or ems
17    responsibilities. Any county or 9-1-1 Authority not in
18    compliance with this Section shall be ineligible to receive
19    consolidation grant funds issued under Section 15.4b of
20    this Act or monthly disbursements otherwise due under
21    Section 30 of this Act, until the county or 9-1-1 Authority
22    is in compliance.
23        (2) Within 60 calendar days of receiving a
24    consolidation plan or waiver, the Statewide 9-1-1 Advisory
25    Board shall hold at least one public hearing on the plan
26    and provide a recommendation to the Administrator. Notice

 

 

HB5157- 34 -LRB101 18064 RLC 70241 b

1    of the hearing shall be provided to the respective entity
2    to which the plan applies.
3        (3) Within 90 calendar days of receiving a
4    consolidation plan, the Administrator shall approve the
5    plan or waiver, approve the plan as modified, or grant a
6    waiver pursuant to subsection (c) of this Section. In
7    making his or her decision, the Administrator shall
8    consider any recommendation from the Statewide 9-1-1
9    Advisory Board regarding the plan. If the Administrator
10    does not follow the recommendation of the Board, the
11    Administrator shall provide a written explanation for the
12    deviation in his or her decision.
13        (4) The deadlines provided in this subsection may be
14    extended upon agreement between the Administrator and
15    entity which submitted the plan.
16    (c) A waiver from a consolidation required under subsection
17(a) of this Section may be granted if the Administrator finds
18that the consolidation will result in a substantial threat to
19public safety, is economically unreasonable, or is technically
20infeasible.
21    (d) Any decision of the Administrator under this Section
22shall be deemed a final administrative decision and shall be
23subject to judicial review under the Administrative Review Law.
24(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
25    (50 ILCS 750/15.6)

 

 

HB5157- 35 -LRB101 18064 RLC 70241 b

1    (Section scheduled to be repealed on December 31, 2020)
2    Sec. 15.6. Enhanced 9-1-1 service; business service.
3    (a) After June 30, 2000, or within 18 months after enhanced
49-1-1 service becomes available, any entity that installs or
5operates a private business switch service and provides
6telecommunications facilities or services to businesses shall
7assure that the system is connected to the public switched
8network in a manner that calls to 9-1-1 result in automatic
9number and location identification. For buildings having their
10own street address and containing workspace of 40,000 square
11feet or less, location identification shall include the
12building's street address. For buildings having their own
13street address and containing workspace of more than 40,000
14square feet, location identification shall include the
15building's street address and one distinct location
16identification per 40,000 square feet of workspace. Separate
17buildings containing workspace of 40,000 square feet or less
18having a common public street address shall have a distinct
19location identification for each building in addition to the
20street address.
21    (b) Exemptions. Buildings containing workspace of more
22than 40,000 square feet are exempt from the multiple location
23identification requirements of subsection (a) if the building
24maintains, at all times, alternative and adequate means of
25signaling and responding to emergencies. Those means shall
26include, but not be limited to, a telephone system that

 

 

HB5157- 36 -LRB101 18064 RLC 70241 b

1provides the physical location of 9-1-1 calls coming from
2within the building. Health care facilities are presumed to
3meet the requirements of this paragraph if the facilities are
4staffed with medical or nursing personnel 24 hours per day and
5if an alternative means of providing information about the
6source of an emergency call exists. Buildings under this
7exemption must provide 9-1-1 service that provides the
8building's street address.
9    Buildings containing workspace of more than 40,000 square
10feet are exempt from subsection (a) if the building maintains,
11at all times, alternative and adequate means of signaling and
12responding to emergencies, including a telephone system that
13provides the location of a 9-1-1 call coming from within the
14building, and the building is serviced by its own medical, fire
15and security personnel. Buildings under this exemption are
16subject to emergency phone system certification by the
17Administrator.
18    Buildings in communities not serviced by enhanced 9-1-1
19service are exempt from subsection (a).
20    Correctional institutions and facilities, as defined in
21subsection (d) of Section 3-1-2 of the Unified Code of
22Corrections, are exempt from subsection (a).
23    (c) This Act does not apply to any PBX telephone extension
24that uses radio transmissions to convey electrical signals
25directly between the telephone extension and the serving PBX.
26    (d) An entity that violates this Section is guilty of a

 

 

HB5157- 37 -LRB101 18064 RLC 70241 b

1business offense and shall be fined not less than $1,000 and
2not more than $5,000.
3    (e) Nothing in this Section shall be construed to preclude
4the Attorney General on behalf of the Department or on his or
5her own initiative, or any other interested person, from
6seeking judicial relief, by mandamus, injunction, or
7otherwise, to compel compliance with this Section.
8    (f) The Department may promulgate rules for the
9administration of this Section.
10(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
11    (50 ILCS 750/15.6a)
12    (Section scheduled to be repealed on December 31, 2020)
13    Sec. 15.6a. Wireless emergency 9-1-1 service.
14    (a) The digits "9-1-1" shall be the designated emergency
15telephone number within the wireless system.
16    (b) The Department may set non-discriminatory and uniform
17technical and operational standards consistent with the rules
18of the Federal Communications Commission for directing calls to
19authorized public safety answering points. These standards
20shall not in any way prescribe the technology or manner a
21wireless carrier shall use to deliver wireless 9-1-1 or
22wireless E9-1-1 calls, and these standards shall not exceed the
23requirements set by the Federal Communications Commission;
24however, standards for directing calls to the authorized public
25safety answering point shall be included. The authority given

 

 

HB5157- 38 -LRB101 18064 RLC 70241 b

1to the Department in this Section is limited to setting
2standards as set forth herein and does not constitute authority
3to regulate wireless carriers.
4    (c) For the purpose of providing wireless 9-1-1 emergency
5services, an emergency telephone system board or, in the
6absence of an emergency telephone system board, a qualified
7governmental entity, may declare its intention for one or more
8of its public safety answering points to serve as a primary
9wireless 9-1-1 public safety answering point for its
10jurisdiction by notifying the Administrator in writing within 6
11months after receiving its authority to operate a 9-1-1 system
12under this Act. In addition, 2 or more emergency telephone
13system boards or qualified governmental entities may, by virtue
14of an intergovernmental agreement, provide wireless 9-1-1
15service. Until the jurisdiction comes into compliance with
16Section 15.4a of this Act, the Department of State Police shall
17be the primary wireless 9-1-1 public safety answering point for
18any jurisdiction that did not provide notice to the Illinois
19Commerce Commission and the Department prior to January 1,
202016.
21    (d) The Administrator, upon a request from a qualified
22governmental entity or an emergency telephone system board and
23with the advice and recommendation of the Statewide 9-1-1
24Advisory Board, may grant authority to the emergency telephone
25system board or a qualified governmental entity to provide
26wireless 9-1-1 service in areas for which the Department has

 

 

HB5157- 39 -LRB101 18064 RLC 70241 b

1accepted wireless 9-1-1 responsibility. The Administrator
2shall maintain a current list of all 9-1-1 systems and
3qualified governmental entities providing wireless 9-1-1
4service under this Act.
5(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
6    (50 ILCS 750/15.6b)
7    (Section scheduled to be repealed on December 31, 2020)
8    Sec. 15.6b. Next Generation 9-1-1 service.
9    (a) The Administrator, with the advice and recommendation
10of the Statewide 9-1-1 Advisory Board, shall develop and
11implement a plan for a statewide Next Generation 9-1-1 network.
12The Next Generation 9-1-1 network must be an Internet
13protocol-based platform that at a minimum provides:
14        (1) improved 9-1-1 call delivery;
15        (2) enhanced interoperability;
16        (3) increased ease of communication between 9-1-1
17    service providers, allowing immediate transfer of 9-1-1
18    calls, caller information, photos, and other data
19    statewide;
20        (4) a hosted solution with redundancy built in; and
21        (5) compliance with the most current NENA Standards i3
22    Solution 08-003.
23    (b) By July 1, 2016, the Administrator, with the advice and
24recommendation of the Statewide 9-1-1 Advisory Board, shall
25design and issue a competitive request for a proposal to secure

 

 

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1the services of a consultant to complete a feasibility study on
2the implementation of a statewide Next Generation 9-1-1 network
3in Illinois. By July 1, 2017, the consultant shall complete the
4feasibility study and make recommendations as to the
5appropriate procurement approach for developing a statewide
6Next Generation 9-1-1 network.
7    (c) Within 12 months of the final report from the
8consultant under subsection (b) of this Section, the Department
9shall procure and finalize a contract with a vendor certified
10under Section 13-900 of the Public Utilities Act to establish a
11statewide Next Generation 9-1-1 network. The Illinois State
12Police, in consultation with and subject to the approval of the
13Chief Procurement Officer, may procure a single contract or
14multiple contracts to implement the provisions of this Section.
15A contract or contracts under this subsection are not subject
16to the provisions of the Illinois Procurement Code, except for
17Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
18Code, provided that the Chief Procurement Officer may, in
19writing with justification, waive any certification required
20under Article 50 of the Illinois Procurement Code. This
21exemption is inoperative 2 years from the effective date of
22this Amendatory Act of the 101st General Assembly. Within 12
23months of securing the contract By July 1, 2020, the vendor
24shall implement a Next Generation 9-1-1 network that allows
259-1-1 systems providing 9-1-1 service to Illinois residents to
26access the system utilizing their current infrastructure if it

 

 

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1meets the standards adopted by the Department.
2(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
3    (50 ILCS 750/17.5)
4    (Section scheduled to be repealed on December 31, 2020)
5    Sec. 17.5. Statewide 9-1-1 Call Directory call transfer,
6forward, or relay.
7    (a) The General Assembly finds the following:
8        (1) Some 9-1-1 systems throughout this State do not
9    have a procedure in place to manually transfer, forward, or
10    relay 9-1-1 calls originating within one 9-1-1 system's
11    jurisdiction, but which should properly be answered and
12    dispatched by another 9-1-1 system, to the appropriate
13    9-1-1 system for answering and dispatch of first
14    responders.
15        (2) On January 1, 2016, the General Assembly gave
16    oversight authority of 9-1-1 systems to the Department of
17    State Police.
18        (3) Since that date, the Department of State Police has
19    authorized individual 9-1-1 systems in counties and
20    municipalities to implement and upgrade enhanced 9-1-1
21    systems throughout the State.
22    (b) The Department shall prepare a directory of all
23authorized 9-1-1 systems in the State. The directory shall
24include an emergency 24/7 10-digit telephone number for all
25primary public safety answering points located in each 9-1-1

 

 

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1system to which 9-1-1 calls from another jurisdiction can be
2transferred. This directory shall be made available to each
39-1-1 authority for its use in establishing standard operating
4procedures regarding calls outside its 9-1-1 jurisdiction.
5    (c) Each 9-1-1 system shall provide the Department with the
6following information:
7        (1) The name of the PSAP, a list of every participating
8    agency, and the county the PSAP is in, including college
9    and university public safety entities.
10        (2) The 24/7 10-digit emergency telephone number and
11    email address for the dispatch agency to which 9-1-1 calls
12    originating in another 9-1-1 jurisdiction can be
13    transferred or by which the PSAP can be contacted via email
14    to exchange information. The emergency telephone number
15    must be a direct line that is not answered by an automated
16    system but rather is answered by a person. Each 9-1-1
17    system shall provide the Department with any changes to the
18    participating agencies and this number and email address
19    immediately upon the change occurring. Each 9-1-1 system
20    shall provide the PSAP information and , the 24/7 10-digit
21    emergency telephone number and email address to the Manager
22    of the Department's 9-1-1 Program within 30 days of the
23    effective date of this amendatory Act of the 101st 100th
24    General Assembly.
25        (3) The standard operating procedure describing the
26    manner in which the 9-1-1 system will transfer, forward, or

 

 

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1    relay 9-1-1 calls originating within its jurisdiction, but
2    which should properly be answered and dispatched by another
3    9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1
4    system shall provide the standard operating procedures to
5    the Manager of the Department's 9-1-1 Program within 180
6    days after the effective date of this amendatory Act of the
7    100th General Assembly.
8    (d) Unless exigent circumstances dictate otherwise, each
99-1-1 system's public safety telecommunicators shall be
10responsible for remaining on the line with the caller when a
119-1-1 call originates within its jurisdiction to ensure the
129-1-1 call is transferred to the appropriate authorized entity
13for answer and dispatch until a public safety telecommunicator
14is on the line and confirms jurisdiction for the call.
15(Source: P.A. 100-20, eff. 7-1-17.)
 
16    (50 ILCS 750/19)
17    (Section scheduled to be repealed on December 31, 2020)
18    Sec. 19. Statewide 9-1-1 Advisory Board.
19    (a) Beginning July 1, 2015, there is created the Statewide
209-1-1 Advisory Board within the Department of State Police. The
21Board shall consist of the following 11 voting members:
22        (1) The Director of the State Police, or his or her
23    designee, who shall serve as chairman.
24        (2) The Executive Director of the Commission, or his or
25    her designee.

 

 

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1        (3) Nine members appointed by the Governor as follows:
2            (A) one member representing the Illinois chapter
3        of the National Emergency Number Association, or his or
4        her designee;
5            (B) one member representing the Illinois chapter
6        of the Association of Public-Safety Communications
7        Officials, or his or her designee;
8            (C) one member representing a county 9-1-1 system
9        from a county with a population of less than 37,000
10        50,000;
11            (C-5) one member representing a 9-1-1 system with a
12        population between 37,000 and 100,000;
13            (D) one member representing a county 9-1-1 system
14        from a county with a population between 100,000 50,000
15        and 250,000;
16            (E) one member representing a county 9-1-1 system
17        from a county with a population of more than 250,000;
18            (F) (blank) one member representing a municipality
19        with a population of less than 500,000 in a county with
20        a population in excess of 2,000,000;
21            (G) one member representing the Illinois
22        Association of Chiefs of Police;
23            (H) one member representing the Illinois Sheriffs'
24        Association; and
25            (I) one member representing the Illinois Fire
26        Chiefs Association.

 

 

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1    The Governor shall appoint the following non-voting
2members: (i) one member representing an incumbent local
3exchange 9-1-1 system provider; (ii) one member representing a
4non-incumbent local exchange 9-1-1 system provider; (iii) one
5member representing a large wireless carrier; (iv) one member
6representing an incumbent local exchange carrier; (v) one
7member representing the Illinois Telecommunications
8Association; (vi) one member representing the Cable Television
9and Communication Association of Illinois; and (vii) one member
10representing the Illinois State Ambulance Association. The
11Speaker of the House of Representatives, the Minority Leader of
12the House of Representatives, the President of the Senate, and
13the Minority Leader of the Senate may each appoint a member of
14the General Assembly to temporarily serve as a non-voting
15member of the Board during the 12 months prior to the repeal
16date of this Act to discuss legislative initiatives of the
17Board.
18    (b) The Governor shall make initial appointments to the
19Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
20voting members appointed by the Governor shall serve an initial
21term of 2 years, and the remaining voting members appointed by
22the Governor shall serve an initial term of 3 years.
23Thereafter, each appointment by the Governor shall be for a
24term of 3 years. Non-voting members shall serve for a term of 3
25years. Vacancies shall be filled in the same manner as the
26original appointment. Persons appointed to fill a vacancy shall

 

 

HB5157- 46 -LRB101 18064 RLC 70241 b

1serve for the balance of the unexpired term.
2    Members of the Statewide 9-1-1 Advisory Board shall serve
3without compensation.
4    (c) The 9-1-1 Services Advisory Board, as constituted on
5June 1, 2015 without the legislative members, shall serve in
6the role of the Statewide 9-1-1 Advisory Board until all
7appointments of voting members have been made by the Governor
8under subsection (a) of this Section.
9    (d) The Statewide 9-1-1 Advisory Board shall:
10        (1) advise the Department of State Police and the
11    Statewide 9-1-1 Administrator on the oversight of 9-1-1
12    systems and the development and implementation of a uniform
13    statewide 9-1-1 system;
14        (2) make recommendations to the Governor and the
15    General Assembly regarding improvements to 9-1-1 services
16    throughout the State; and
17        (3) exercise all other powers and duties provided in
18    this Act.
19    (e) The Statewide 9-1-1 Advisory Board shall submit to the
20General Assembly a report by March 1 of each year providing an
21update on the transition to a statewide 9-1-1 system and
22recommending any legislative action.
23    (f) The Department of State Police shall provide
24administrative support to the Statewide 9-1-1 Advisory Board.
25(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 

 

 

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1    (50 ILCS 750/20)
2    (Section scheduled to be repealed on December 31, 2020)
3    Sec. 20. Statewide surcharge.
4    (a) On and after January 1, 2016, and except with respect
5to those customers who are subject to surcharges as provided in
6Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
7be imposed on all customers of telecommunications carriers and
8wireless carriers as follows:
9        (1) Each telecommunications carrier shall impose a
10    monthly surcharge per network connection; provided,
11    however, the monthly surcharge shall not apply to a network
12    connection provided for use with pay telephone services.
13    Where multiple voice grade communications channels are
14    connected between the subscriber's premises and a public
15    switched network through private branch exchange (PBX),
16    Centrex centrex type service, or other multiple voice grade
17    communication channels facility, there shall be imposed 5
18    such surcharges per network connection for both regular
19    service and advanced service provisioned trunk lines.
20    Until December 31, 2017, the surcharge shall be $0.87 per
21    network connection and on and after January 1, 2018, the
22    surcharge shall be $1.50 per network connection.
23        (2) Each wireless carrier shall impose and collect a
24    monthly surcharge per CMRS connection that either has a
25    telephone number within an area code assigned to Illinois
26    by the North American Numbering Plan Administrator or has a

 

 

HB5157- 48 -LRB101 18064 RLC 70241 b

1    billing address in this State. Until December 31, 2017, the
2    surcharge shall be $0.87 per connection and on and after
3    January 1, 2018, the surcharge shall be $1.50 per
4    connection.
5    (b) State and local taxes shall not apply to the surcharges
6imposed under this Section.
7    (c) The surcharges imposed by this Section shall be stated
8as a separately stated item on subscriber bills.
9    (d) The telecommunications carrier collecting the
10surcharge may deduct and retain 1.74% an amount not to exceed
113% of the gross amount of surcharge collected to reimburse the
12telecommunications carrier for the expense of accounting and
13collecting the surcharge. On and after July 1, 2022, the
14wireless carrier collecting a surcharge under this Section may
15deduct and retain 1.74% an amount not to exceed 3% of the gross
16amount of the surcharge collected to reimburse the wireless
17carrier for the expense of accounting and collecting the
18surcharge.
19    (d-5) Notwithstanding the provisions of subsection (d) of
20this Section, an amount not greater than 2.5% may be deducted
21and retained if the telecommunications or wireless carrier can
22support through documentation, expenses that exceed the 1.74%
23allowed. The documentation shall be submitted to the Illinois
24State Police and input obtained from the Statewide 9-1-1
25Advisory Board prior to approval of the deduction.
26    (e) Surcharges imposed under this Section shall be

 

 

HB5157- 49 -LRB101 18064 RLC 70241 b

1collected by the carriers and shall be remitted to the
2Department, either by check or electronic funds transfer, by
3the end of the next calendar month after the calendar month in
4which it was collected for deposit into the Statewide 9-1-1
5Fund. Carriers are not required to remit surcharge moneys that
6are billed to subscribers but not yet collected.
7    The first remittance by wireless carriers shall include the
8number of subscribers by zip code, and the 9-digit zip code if
9currently being used or later implemented by the carrier, that
10shall be the means by which the Department shall determine
11distributions from the Statewide 9-1-1 Fund. This information
12shall be updated at least once each year. Any carrier that
13fails to provide the zip code information required under this
14subsection (e) shall be subject to the penalty set forth in
15subsection (g) of this Section.
16    (f) If, within 8 calendar days after it is due under
17subsection (e) of this Section, a carrier does not remit the
18surcharge or any portion thereof required under this Section,
19then the surcharge or portion thereof shall be deemed
20delinquent until paid in full, and the Department may impose a
21penalty against the carrier in an amount equal to the greater
22of:
23        (1) $25 for each month or portion of a month from the
24    time an amount becomes delinquent until the amount is paid
25    in full; or
26        (2) an amount equal to the product of 1% and the sum of

 

 

HB5157- 50 -LRB101 18064 RLC 70241 b

1    all delinquent amounts for each month or portion of a month
2    that the delinquent amounts remain unpaid.
3    A penalty imposed in accordance with this subsection (f)
4for a portion of a month during which the carrier pays the
5delinquent amount in full shall be prorated for each day of
6that month that the delinquent amount was paid in full. Any
7penalty imposed under this subsection (f) is in addition to the
8amount of the delinquency and is in addition to any other
9penalty imposed under this Section.
10    (g) If, within 8 calendar days after it is due, a wireless
11carrier does not provide the number of subscribers by zip code
12as required under subsection (e) of this Section, then the
13report is deemed delinquent and the Department may impose a
14penalty against the carrier in an amount equal to the greater
15of:
16        (1) $25 for each month or portion of a month that the
17    report is delinquent; or
18        (2) an amount equal to the product of $0.01 and the
19    number of subscribers served by the carrier for each month
20    or portion of a month that the delinquent report is not
21    provided.
22    A penalty imposed in accordance with this subsection (g)
23for a portion of a month during which the carrier provides the
24number of subscribers by zip code as required under subsection
25(e) of this Section shall be prorated for each day of that
26month during which the carrier had not provided the number of

 

 

HB5157- 51 -LRB101 18064 RLC 70241 b

1subscribers by zip code as required under subsection (e) of
2this Section. Any penalty imposed under this subsection (g) is
3in addition to any other penalty imposed under this Section.
4    (h) A penalty imposed and collected in accordance with
5subsection (f) or (g) of this Section shall be deposited into
6the Statewide 9-1-1 Fund for distribution according to Section
730 of this Act.
8    (i) The Department may enforce the collection of any
9delinquent amount and any penalty due and unpaid under this
10Section by legal action or in any other manner by which the
11collection of debts due the State of Illinois may be enforced
12under the laws of this State. The Department may excuse the
13payment of any penalty imposed under this Section if the
14Administrator determines that the enforcement of this penalty
15is unjust.
16    (j) Notwithstanding any provision of law to the contrary,
17nothing shall impair the right of wireless carriers to recover
18compliance costs for all emergency communications services
19that are not reimbursed out of the Wireless Carrier
20Reimbursement Fund directly from their wireless subscribers by
21line-item charges on the wireless subscriber's bill. Those
22compliance costs include all costs incurred by wireless
23carriers in complying with local, State, and federal regulatory
24or legislative mandates that require the transmission and
25receipt of emergency communications to and from the general
26public, including, but not limited to, E9-1-1.

 

 

HB5157- 52 -LRB101 18064 RLC 70241 b

1(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
2    (50 ILCS 750/30)
3    (Section scheduled to be repealed on December 31, 2020)
4    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
5    (a) A special fund in the State treasury known as the
6Wireless Service Emergency Fund shall be renamed the Statewide
79-1-1 Fund. Any appropriations made from the Wireless Service
8Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
9The Fund shall consist of the following:
10        (1) 9-1-1 wireless surcharges assessed under the
11    Wireless Emergency Telephone Safety Act.
12        (2) 9-1-1 surcharges assessed under Section 20 of this
13    Act.
14        (3) Prepaid wireless 9-1-1 surcharges assessed under
15    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
16        (4) Any appropriations, grants, or gifts made to the
17    Fund.
18        (5) Any income from interest, premiums, gains, or other
19    earnings on moneys in the Fund.
20        (6) Money from any other source that is deposited in or
21    transferred to the Fund.
22    (b) Subject to appropriation and availability of funds, the
23Department shall distribute the 9-1-1 surcharges monthly as
24follows:
25        (1) From each surcharge collected and remitted under

 

 

HB5157- 53 -LRB101 18064 RLC 70241 b

1    Section 20 of this Act:
2            (A) $0.013 shall be distributed monthly in equal
3        amounts to each County Emergency Telephone System
4        Board or qualified governmental entity in counties
5        with a population under 100,000 according to the most
6        recent census data which is authorized to serve as a
7        primary wireless 9-1-1 public safety answering point
8        for the county and to provide wireless 9-1-1 service as
9        prescribed by subsection (b) of Section 15.6a of this
10        Act, and which does provide such service.
11            (B) $0.033 shall be transferred by the Comptroller
12        at the direction of the Department to the Wireless
13        Carrier Reimbursement Fund until June 30, 2017; from
14        July 1, 2017 through June 30, 2018, $0.026 shall be
15        transferred; from July 1, 2018 through June 30, 2019,
16        $0.020 shall be transferred; from July 1, 2019, through
17        June 30, 2020, $0.013 shall be transferred; from July
18        1, 2020 through June 30, 2021, $0.007 will be
19        transferred; and after June 30, 2021, no transfer shall
20        be made to the Wireless Carrier Reimbursement Fund.
21            (C) Until December 31, 2017, $0.007 and on and
22        after January 1, 2018, $0.017 shall be used to cover
23        the Department's administrative costs.
24            (D) Beginning January 1, 2018, until June 30, 2020,
25        $0.12, and on and after July 1, 2020, $0.04 shall be
26        used to make monthly proportional grants to the

 

 

HB5157- 54 -LRB101 18064 RLC 70241 b

1        appropriate 9-1-1 Authority currently taking wireless
2        9-1-1 based upon the United States Postal Zip Code of
3        the billing addresses of subscribers wireless
4        carriers.
5            (E) Until June 30, 2023 2020, $0.05 shall be used
6        by the Department for grants for NG9-1-1 expenses, with
7        priority given to 9-1-1 Authorities that provide 9-1-1
8        service within the territory of a Large Electing
9        Provider as defined in Section 13-406.1 of the Public
10        Utilities Act.
11            (F) On and after July 1, 2020, $0.13 shall be used
12        for the implementation of and continuing expenses for
13        the Statewide NG9-1-1 system.
14        (2) After disbursements under paragraph (1) of this
15    subsection (b), all remaining funds in the Statewide 9-1-1
16    Fund shall be disbursed in the following priority order:
17            (A) The Fund shall pay monthly to:
18                (i) the 9-1-1 Authorities that imposed
19            surcharges under Section 15.3 of this Act and were
20            required to report to the Illinois Commerce
21            Commission under Section 27 of the Wireless
22            Emergency Telephone Safety Act on October 1, 2014,
23            except a 9-1-1 Authority in a municipality with a
24            population in excess of 500,000, an amount equal to
25            the average monthly wireline and VoIP surcharge
26            revenue attributable to the most recent 12-month

 

 

HB5157- 55 -LRB101 18064 RLC 70241 b

1            period reported to the Department under that
2            Section for the October 1, 2014 filing, subject to
3            the power of the Department to investigate the
4            amount reported and adjust the number by order
5            under Article X of the Public Utilities Act, so
6            that the monthly amount paid under this item
7            accurately reflects one-twelfth of the aggregate
8            wireline and VoIP surcharge revenue properly
9            attributable to the most recent 12-month period
10            reported to the Commission; or
11                (ii) county qualified governmental entities
12            that did not impose a surcharge under Section 15.3
13            as of December 31, 2015, and counties that did not
14            impose a surcharge as of June 30, 2015, an amount
15            equivalent to their population multiplied by .37
16            multiplied by the rate of $0.69; counties that are
17            not county qualified governmental entities and
18            that did not impose a surcharge as of December 31,
19            2015, shall not begin to receive the payment
20            provided for in this subsection until E9-1-1 and
21            wireless E9-1-1 services are provided within their
22            counties; or
23                (iii) counties without 9-1-1 service that had
24            a surcharge in place by December 31, 2015, an
25            amount equivalent to their population multiplied
26            by .37 multiplied by their surcharge rate as

 

 

HB5157- 56 -LRB101 18064 RLC 70241 b

1            established by the referendum.
2            (B) All 9-1-1 network costs for systems outside of
3        municipalities with a population of at least 500,000
4        shall be paid by the Department directly to the
5        vendors.
6            (C) All expenses incurred by the Administrator and
7        the Statewide 9-1-1 Advisory Board and costs
8        associated with procurement under Section 15.6b
9        including requests for information and requests for
10        proposals.
11            (D) Funds may be held in reserve by the Statewide
12        9-1-1 Advisory Board and disbursed by the Department
13        for grants under Section 15.4b of this Act and for
14        NG9-1-1 expenses up to $12.5 million per year in State
15        fiscal years 2016 and 2017; up to $20 million in State
16        fiscal year 2018; up to $20.9 million in State fiscal
17        year 2019; up to $15.3 million in State fiscal year
18        2020; up to $16.2 million in State fiscal year 2021; up
19        to $23.1 million in State fiscal year 2022; and up to
20        $17.0 million per year for State fiscal year 2023 and
21        each year thereafter. The amount held in reserve in
22        State fiscal years 2021 2018 and 2022 2019 shall not be
23        less than $6.5 million. Disbursements under this
24        subparagraph (D) shall be prioritized as follows: (i)
25        consolidation grants prioritized under subsection (a)
26        of Section 15.4b of this Act; (ii) NG9-1-1 expenses;

 

 

HB5157- 57 -LRB101 18064 RLC 70241 b

1        and (iii) consolidation grants under Section 15.4b of
2        this Act for consolidation expenses incurred between
3        January 1, 2010, and January 1, 2016.
4            (E) All remaining funds per remit month shall be
5        used to make monthly proportional grants to the
6        appropriate 9-1-1 Authority currently taking wireless
7        9-1-1 based upon the United States Postal Zip Code of
8        the billing addresses of subscribers of wireless
9        carriers.
10    (c) The moneys deposited into the Statewide 9-1-1 Fund
11under this Section shall not be subject to administrative
12charges or chargebacks unless otherwise authorized by this Act.
13    (d) Whenever two or more 9-1-1 Authorities consolidate, the
14resulting Joint Emergency Telephone System Board shall be
15entitled to the monthly payments that had theretofore been made
16to each consolidating 9-1-1 Authority. Any reserves held by any
17consolidating 9-1-1 Authority shall be transferred to the
18resulting Joint Emergency Telephone System Board. Whenever a
19county that has no 9-1-1 service as of January 1, 2016 enters
20into an agreement to consolidate to create or join a Joint
21Emergency Telephone System Board, the Joint Emergency
22Telephone System Board shall be entitled to the monthly
23payments that would have otherwise been paid to the county if
24it had provided 9-1-1 service.
25(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 

 

 

HB5157- 58 -LRB101 18064 RLC 70241 b

1    (50 ILCS 750/40)
2    (Section scheduled to be repealed on December 31, 2020)
3    Sec. 40. Financial reports.
4    (a) The Department shall create uniform accounting
5procedures, with such modification as may be required to give
6effect to statutory provisions applicable only to
7municipalities with a population in excess of 500,000, that any
8emergency telephone system board, qualified governmental
9entity, or unit of local government receiving surcharge money
10pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
11    (b) By January 31, 2018, and every January 31 thereafter,
12each emergency telephone system board, qualified governmental
13entity, or unit of local government receiving surcharge money
14pursuant to Section 15.3, 15.3a, or 30 shall report to the
15Department audited financial statements showing total revenue
16and expenditures for the period beginning with the end of the
17period covered by the last submitted report through the end of
18the previous calendar year in a form and manner as prescribed
19by the Department. Such financial information shall include:
20        (1) a detailed summary of revenue from all sources
21    including, but not limited to, local, State, federal, and
22    private revenues, and any other funds received;
23        (2) all expenditures made during the reporting period
24    from distributions under this Act;
25        (3) call data and statistics, when available, from the
26    reporting period, as specified by the Department and

 

 

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1    collected in accordance with any reporting method
2    established or required by the Department;
3        (4) all costs associated with dispatching appropriate
4    public safety agencies to respond to 9-1-1 calls received
5    by the PSAP; and
6        (5) all funding sources and amounts of funding used for
7    costs described in paragraph (4) of this subsection (b).
8    The emergency telephone system board, qualified
9governmental entity, or unit of local government is responsible
10for any costs associated with auditing such financial
11statements. The Department shall post the audited financial
12statements on the Department's website.
13    (c) Along with its audited financial statement, each
14emergency telephone system board, qualified governmental
15entity, or unit of local government receiving a grant under
16Section 15.4b of this Act shall include a report of the amount
17of grant moneys received and how the grant moneys were used. In
18case of a conflict between this requirement and the Grant
19Accountability and Transparency Act, or with the rules of the
20Governor's Office of Management and Budget adopted thereunder,
21that Act and those rules shall control.
22    (d) If an emergency telephone system board or qualified
23governmental entity that receives funds from the Statewide
249-1-1 Fund fails to file the 9-1-1 system financial reports as
25required under this Section or is determined to have spent
26funds contrary to Section 35 of this Act, the Department shall

 

 

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1suspend and withhold monthly disbursements otherwise due to the
2emergency telephone system board or qualified governmental
3entity under Section 30 of this Act until the report is filed.
4    Any monthly disbursements that have been withheld for 12
5months or more shall be forfeited by the emergency telephone
6system board or qualified governmental entity and shall be
7distributed proportionally by the Department to compliant
8emergency telephone system boards and qualified governmental
9entities that receive funds from the Statewide 9-1-1 Fund.
10    Any emergency telephone system board or qualified
11governmental entity not in compliance with this Section shall
12be ineligible to receive any consolidation grant or
13infrastructure grant issued under this Act.
14    (e) The Department may adopt emergency rules necessary to
15implement the provisions of this Section.
16    (f) Any findings or decisions of the Department under this
17Section shall be deemed a final administrative decision and
18shall be subject to judicial review under the Administrative
19Review Law.
20    (g) Beginning October 1, 2017, the Department shall provide
21a quarterly report to the Statewide 9-1-1 Advisory Board of its
22expenditures from the Statewide 9-1-1 Fund for the prior fiscal
23quarter.
24(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
25    (50 ILCS 750/45)

 

 

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1    (Section scheduled to be repealed on December 31, 2020)
2    Sec. 45. Wireless Carrier Reimbursement Fund.
3    (a) A special fund in the State treasury known as the
4Wireless Carrier Reimbursement Fund, which was created
5previously under Section 30 of the Wireless Emergency Telephone
6Safety Act, shall continue in existence without interruption
7notwithstanding the repeal of that Act. Moneys in the Wireless
8Carrier Reimbursement Fund may be used, subject to
9appropriation, only (i) to reimburse wireless carriers for all
10of their costs incurred in complying with the applicable
11provisions of Federal Communications Commission wireless
12enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
13and necessary costs of the Illinois Commerce Commission in
14exercising its rights, duties, powers, and functions under this
15Act. This reimbursement to wireless carriers may include, but
16need not be limited to, the cost of designing, upgrading,
17purchasing, leasing, programming, installing, testing, and
18maintaining necessary data, hardware, and software and
19associated operating and administrative costs and overhead.
20    (b) To recover costs from the Wireless Carrier
21Reimbursement Fund, the wireless carrier shall submit sworn
22invoices to the Illinois Commerce Commission. In no event may
23any invoice for payment be approved for (i) costs that are not
24related to compliance with the requirements established by the
25wireless enhanced 9-1-1 mandates of the Federal Communications
26Commission, or (ii) costs with respect to any wireless enhanced

 

 

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19-1-1 service that is not operable at the time the invoice is
2submitted.
3    (c) If in any month the total amount of invoices submitted
4to the Illinois Commerce Commission and approved for payment
5exceeds the amount available in the Wireless Carrier
6Reimbursement Fund, wireless carriers that have invoices
7approved for payment shall receive a pro-rata share of the
8amount available in the Wireless Carrier Reimbursement Fund
9based on the relative amount of their approved invoices
10available that month, and the balance of the payments shall be
11carried into the following months until all of the approved
12payments are made.
13    (d) A wireless carrier may not receive payment from the
14Wireless Carrier Reimbursement Fund for its costs of providing
15wireless enhanced 9-1-1 services in an area when a unit of
16local government or emergency telephone system board provides
17wireless 9-1-1 services in that area and was imposing and
18collecting a wireless carrier surcharge prior to July 1, 1998.
19    (e) The Illinois Commerce Commission shall maintain
20detailed records of all receipts and disbursements and shall
21provide an annual accounting of all receipts and disbursements
22to the Auditor General.
23    (f) The Illinois Commerce Commission must annually review
24the balance in the Wireless Carrier Reimbursement Fund as of
25June 30 of each year and shall direct the Comptroller to
26transfer into the Statewide 9-1-1 Fund for distribution in

 

 

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1accordance with subsection (b) of Section 30 of this Act any
2amount in excess of outstanding invoices as of June 30 of each
3year.
4    (g) The Illinois Commerce Commission shall adopt rules to
5govern the reimbursement process.
6(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
7    (50 ILCS 750/99)
8    (Section scheduled to be repealed on December 31, 2020)
9    Sec. 99. Repealer. This Act is repealed on December 31,
102023 2020.
11(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
12    (50 ILCS 750/9 rep.)
13    (50 ILCS 750/13 rep.)
14    (50 ILCS 750/17 rep.)
15    Section 10. The Emergency Telephone System Act is amended
16by repealing Sections 9, 13, and 17.
 
17    Section 15. The Department of State Police Law of the Civil
18Administrative Code of Illinois is amended by changing Section
192605-53 as follows:
 
20    (20 ILCS 2605/2605-53)
21    Sec. 2605-53. 9-1-1 system; sexual assault and sexual
22abuse.

 

 

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1    (a) The Office of the Statewide 9-1-1 Administrator, in
2consultation with the Office of the Attorney General and the
3Illinois Law Enforcement Training Standards Board, shall:
4        (1) develop comprehensive guidelines for
5    evidence-based, trauma-informed, victim-centered handling
6    of sexual assault or sexual abuse calls by Public Safety
7    Answering Point tele-communicators; and
8        (2) adopt rules and minimum standards for an
9    evidence-based, trauma-informed, victim-centered training
10    curriculum for handling of sexual assault or sexual abuse
11    calls for Public Safety Answering Point tele-communicators
12    ("PSAP").
13    (a-5) The Office of the Statewide 9-1-1 Administrator, in
14consultation with the Statewide 9-1-1 Advisory Board, shall:
15        (1) develop comprehensive guidelines for training on
16    emergency dispatch procedures, including but not limited
17    to emergency medical dispatch, and the delivery of 9-1-1
18    services and professionalism for public safety
19    telecommunicators and public safety telecommunicator
20    supervisors; and
21        (2) adopt rules and minimum standards for continuing
22    education on emergency dispatch procedures, including but
23    not limited to emergency medical dispatch, and the delivery
24    of 9-1-1 services and professionalism for public safety
25    telecommunicators and public safety telecommunicator
26    Supervisors; and

 

 

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1    (a-10) The Office of the Statewide 9-1-1 Administrator may
2as necessary establish by rule appropriate testing and
3certification processes consistent with the training required
4by this Section.
5    (b) Training requirements:
6        (1) Newly hired PSAP tele-communicators must complete
7    the sexual assault and sexual abuse training curriculum
8    established in subsection (a) of this Section prior to
9    handling emergency calls.
10        (2) All existing PSAP tele-communicators shall
11    complete the sexual assault and sexual abuse training
12    curriculum established in subsection (a) of this Section
13    within 2 years of the effective date of this amendatory Act
14    of the 99th General Assembly.
15        (3) Newly hired public safety telecommunicators shall
16    complete the emergency dispatch procedures training
17    curriculum established in subsection (a-5) of this Section
18    prior to independently handling emergency calls.
19        (4) All public safety telecommunicators and public
20    safety telecommunicator supervisors who were not required
21    to complete new hire training prior to handling emergency
22    calls, must either demonstrate proficiency or complete the
23    training established in subsection (a-5) of this Section
24    within one year of the effective date of this Amendatory
25    Act of the 101st General Assembly.
26        (5) All public safety telecommunicators and public

 

 

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1    safety telecommunicator supervisors shall complete the
2    continuing education training regarding the delivery of
3    9-1-1 services and professionalism bi-annually.
4    (c) The Illinois State Police may adopt rules for the
5administration of this Section.
6(Source: P.A. 99-801, eff. 1-1-17.)
 
7    Section 20. The Criminal Code of 2012 is amended by
8changing Section 26-1 as follows:
 
9    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
10    Sec. 26-1. Disorderly conduct.
11    (a) A person commits disorderly conduct when he or she
12knowingly:
13        (1) Does any act in such unreasonable manner as to
14    alarm or disturb another and to provoke a breach of the
15    peace;
16        (2) Transmits or causes to be transmitted in any manner
17    to the fire department of any city, town, village or fire
18    protection district a false alarm of fire, knowing at the
19    time of the transmission that there is no reasonable ground
20    for believing that the fire exists;
21        (3) Transmits or causes to be transmitted in any manner
22    to another a false alarm to the effect that a bomb or other
23    explosive of any nature or a container holding poison gas,
24    a deadly biological or chemical contaminant, or

 

 

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1    radioactive substance is concealed in a place where its
2    explosion or release would endanger human life, knowing at
3    the time of the transmission that there is no reasonable
4    ground for believing that the bomb, explosive or a
5    container holding poison gas, a deadly biological or
6    chemical contaminant, or radioactive substance is
7    concealed in the place;
8        (3.5) Transmits or causes to be transmitted in any
9    manner a threat of destruction of a school building or
10    school property, or a threat of violence, death, or bodily
11    harm directed against persons at a school, school function,
12    or school event, whether or not school is in session;
13        (4) Transmits or causes to be transmitted in any manner
14    to any peace officer, public officer or public employee a
15    report to the effect that an offense will be committed, is
16    being committed, or has been committed, knowing at the time
17    of the transmission that there is no reasonable ground for
18    believing that the offense will be committed, is being
19    committed, or has been committed;
20        (5) Transmits or causes to be transmitted in any manner
21    a false report to any public safety agency without the
22    reasonable grounds necessary to believe that transmitting
23    the report is necessary for the safety and welfare of the
24    public; or
25        (6) Places an "emergency call", as defined in Section 1
26    of the Emergency Telephone System Act, to Calls the number

 

 

HB5157- 68 -LRB101 18064 RLC 70241 b

1    "911" or transmits or causes to be transmitted in any
2    manner to a public safety agency for the purpose of making
3    or transmitting a false alarm or complaint and reporting
4    information when, at the time the call or transmission is
5    made, the person knows there is no reasonable ground for
6    making the call or transmission and further knows that the
7    call or transmission could result in the emergency response
8    of any public safety agency;
9        (7) Transmits or causes to be transmitted in any manner
10    a false report to the Department of Children and Family
11    Services under Section 4 of the Abused and Neglected Child
12    Reporting Act;
13        (8) Transmits or causes to be transmitted in any manner
14    a false report to the Department of Public Health under the
15    Nursing Home Care Act, the Specialized Mental Health
16    Rehabilitation Act of 2013, the ID/DD Community Care Act,
17    or the MC/DD Act;
18        (9) Transmits or causes to be transmitted in any manner
19    to the police department or fire department of any
20    municipality or fire protection district, or any privately
21    owned and operated ambulance service, a false request for
22    an ambulance, emergency medical technician-ambulance or
23    emergency medical technician-paramedic knowing at the time
24    there is no reasonable ground for believing that the
25    assistance is required;
26        (10) Transmits or causes to be transmitted in any

 

 

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1    manner a false report under Article II of Public Act
2    83-1432;
3        (11) Enters upon the property of another and for a lewd
4    or unlawful purpose deliberately looks into a dwelling on
5    the property through any window or other opening in it; or
6        (12) While acting as a collection agency as defined in
7    the Collection Agency Act or as an employee of the
8    collection agency, and while attempting to collect an
9    alleged debt, makes a telephone call to the alleged debtor
10    which is designed to harass, annoy or intimidate the
11    alleged debtor.
12    (b) Sentence. A violation of subsection (a)(1) of this
13Section is a Class C misdemeanor. A violation of subsection
14(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
15violation of subsection (a)(8) or (a)(10) of this Section is a
16Class B misdemeanor. A violation of subsection (a)(2),
17(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
18a Class 4 felony. A violation of subsection (a)(3) of this
19Section is a Class 3 felony, for which a fine of not less than
20$3,000 and no more than $10,000 shall be assessed in addition
21to any other penalty imposed.
22    A violation of subsection (a)(12) of this Section is a
23Business Offense and shall be punished by a fine not to exceed
24$3,000. A second or subsequent violation of subsection (a)(7)
25or (a)(5) of this Section is a Class 4 felony. A third or
26subsequent violation of subsection (a)(11) of this Section is a

 

 

HB5157- 70 -LRB101 18064 RLC 70241 b

1Class 4 felony.
2    (c) In addition to any other sentence that may be imposed,
3a court shall order any person convicted of disorderly conduct
4to perform community service for not less than 30 and not more
5than 120 hours, if community service is available in the
6jurisdiction and is funded and approved by the county board of
7the county where the offense was committed. In addition,
8whenever any person is placed on supervision for an alleged
9offense under this Section, the supervision shall be
10conditioned upon the performance of the community service.
11    This subsection does not apply when the court imposes a
12sentence of incarceration.
13    (d) In addition to any other sentence that may be imposed,
14the court shall order any person convicted of disorderly
15conduct under paragraph (3) of subsection (a) involving a false
16alarm of a threat that a bomb or explosive device has been
17placed in a school that requires an emergency response to
18reimburse the unit of government that employs the emergency
19response officer or officers that were dispatched to the school
20for the cost of the response. If the court determines that the
21person convicted of disorderly conduct that requires an
22emergency response to a school is indigent, the provisions of
23this subsection (d) do not apply.
24    (e) In addition to any other sentence that may be imposed,
25the court shall order any person convicted of disorderly
26conduct under paragraph (3.5) or (6) of subsection (a) to

 

 

HB5157- 71 -LRB101 18064 RLC 70241 b

1reimburse the public agency for the reasonable costs of the
2emergency response by the public agency up to $10,000. If the
3court determines that the person convicted of disorderly
4conduct under paragraph (3.5) or (6) of subsection (a) is
5indigent, the provisions of this subsection (e) do not apply.
6    (f) For the purposes of this Section, "emergency response"
7means any condition that results in, or could result in, the
8response of a public official in an authorized emergency
9vehicle, any condition that jeopardizes or could jeopardize
10public safety and results in, or could result in, the
11evacuation of any area, building, structure, vehicle, or of any
12other place that any person may enter, or any incident
13requiring a response by a police officer, a firefighter, a
14State Fire Marshal employee, or an ambulance.
15(Source: P.A. 101-238, eff. 1-1-20.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.

 

 

HB5157- 72 -LRB101 18064 RLC 70241 b

1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 750/2from Ch. 134, par. 32
4    50 ILCS 750/3from Ch. 134, par. 33
5    50 ILCS 750/4from Ch. 134, par. 34
6    50 ILCS 750/5from Ch. 134, par. 35
7    50 ILCS 750/6from Ch. 134, par. 36
8    50 ILCS 750/6.1from Ch. 134, par. 36.1
9    50 ILCS 750/6.2 new
10    50 ILCS 750/7from Ch. 134, par. 37
11    50 ILCS 750/7.1 new
12    50 ILCS 750/8from Ch. 134, par. 38
13    50 ILCS 750/10from Ch. 134, par. 40
14    50 ILCS 750/10.1from Ch. 134, par. 40.1
15    50 ILCS 750/10.3
16    50 ILCS 750/14from Ch. 134, par. 44
17    50 ILCS 750/15from Ch. 134, par. 45
18    50 ILCS 750/15.2from Ch. 134, par. 45.2
19    50 ILCS 750/15.2afrom Ch. 134, par. 45.2a
20    50 ILCS 750/15.4a
21    50 ILCS 750/15.6
22    50 ILCS 750/15.6a
23    50 ILCS 750/15.6b
24    50 ILCS 750/17.5
25    50 ILCS 750/19

 

 

HB5157- 73 -LRB101 18064 RLC 70241 b

1    50 ILCS 750/20
2    50 ILCS 750/30
3    50 ILCS 750/40
4    50 ILCS 750/45
5    50 ILCS 750/99
6    50 ILCS 750/9 rep.
7    50 ILCS 750/13 rep.
8    50 ILCS 750/17 rep.
9    20 ILCS 2605/2605-53
10    720 ILCS 5/26-1from Ch. 38, par. 26-1