Illinois General Assembly - Full Text of HB5542
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Full Text of HB5542  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/15/2012, by Rep. Donald L. Moffitt


New Act
30 ILCS 105/5.811 new

    Creates the Next Generation Emergency Telephone System Act. Makes legislative findings. Defines terms. Provides that, in order to handle the increasing volume and diversity of information that can be made available to assist call takers and responders in an emergency, public agencies may update their current 9-1-1 systems to a Next Generation 9-1-1 (NG9-1-1) system. Sets forth requirements for a strategic plan that must be developed. Creates the Illinois Next Generation 9-1-1 Network (INGN) to support NG9-1-1 operations and be governed by a board of directors. Sets forth the powers and duties of the Board. Sets forth procedures and requirements for the incorporation of the 9-1-1 systems, capabilities, accessibility, implementation, areas to be served, and joint agreements. Provides for certain exemptions from civil liabilities. Provides that divulging certain confidential information and making a false complaint are offenses punishable under the Criminal Code of 1961. Requires that all NG9-1-1 systems support Non-Voice-Centric Emergency Services (NVC). Contains provisions concerning advertising emergency services and funding. Amends the State Finance Act. Creates the 9-1-1 Service Equalization Trust Fund in the State Treasury. Effective January 1, 2013.

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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 1. Short title. This Act may be cited as the "Next
5Generation Emergency Telephone System Act".
6    Section 5. Findings. The General Assembly finds and
7declares that the establishment of a uniform, statewide
8emergency number is a matter of statewide concern and interest
9to all inhabitants and citizens of this State. The General
10Assembly further finds and declares that it is in the public
11interest to improve the capabilities of the State's 9-1-1
12systems by converting from analog circuit-switched technology
13to digital Internet protocol technology. Major changes to the
14existing 9-1-1 architecture are necessary to accommodate the
15rapid evolution of the devices and services that can be used to
16call for help. It is the purpose of this Act to encourage units
17of local government and combinations of those units to develop
18and improve emergency communication systems, procedures, and
19facilities in such a manner as to be able to quickly respond to
20any person calling the telephone number "9-1-1" seeking police,
21fire, medical, rescue, and other emergency services. The
22General Assembly declares that a major purpose in enacting this
23Act is to eliminate instances in which a responding emergency



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1service refuses to render aid to the requester because the
2requester is outside of the jurisdictional boundaries of the
3emergency service.
4    Section 10. Definitions. As used in this Act, the terms in
5this Section have the meanings ascribed to them.
6    "Access network" means a network that connects directly to
7the end user or customer.
8    "Automatic alarm" and "automatic alerting device" mean any
9device that will access the 9-1-1 system for emergency services
10upon activation.
11    "Board" means an Emergency Telephone System Board or a
12Joint Emergency Telephone System Board.
13    "Calls" means any type of request for emergency assistance
14(RFEA), and is not limited to voice.
15    "Carrier" means a function provided by a business entity to
16a customer base, typically for a fee. Examples of carriers and
17associated services include, but are not limited to, PSTN
18service by a Local Exchange Carrier, VoIP service by a VoIP
19Service Provider, and email service provided by an Internet
20Service Provider.
21    "Commission" means the Illinois Commerce Commission.
22    "Core Services" means the responsibilities related to
23development and management of NG9-1-1 systems operations and
24system administration functions, including data definition and
25management, business rules, validation, delivery, location



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1services, and any ancillary data services.
2    "Direct dispatch method" means a telephone service
3providing for the dispatch of an appropriate emergency service
4unit upon receipt of a telephone request for such services and
5a decision as to the proper action to be taken.
6    "ESInet" means an Emergency Services Internet Protocol
7(IP) network, an IP-based inter-network (network of networks)
8that can be shared by all public safety agencies that may be
9involved in any emergency.
10    "Mechanical dialer" means any device that either manually
11or remotely triggers a dialing device to access the 9-1-1
13    "Network connections" means the number of communications
14channels directly between a subscriber and a Next Generation
159-1-1 system.
16    "Next generation 9-1-1" or "NG9-1-1" means a system
17comprised of managed Internet Protocol-based networks and
18elements that augment or replace present day 9-1-1 features and
19functions and add new capabilities, which may enable the public
20to transmit text, images, video, or data, or a combination
21thereof, to the 9-1-1 system.
22    "NG9-1-1 System provider" means the contracted entity
23providing Next Generation 9-1-1.
24    "Point of interconnection" means the connection point
25between a carrier's Access Network(s) and the 9-1-1 Service
26Provider's network or to an ESInet.



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1    "Public agency" means the State, and any unit of local
2government or special purpose district located in whole or in
3part within this State which provides or has authority to
4provide firefighting, police, ambulance, medical, or other
5emergency services.
6    "Public safety agency" means a functional division of a
7public agency which provides firefighting, police, medical, or
8other emergency services.
9    "Qualified governmental entity" means a unit of local
10government authorized to provide 9-1-1 services pursuant to the
11Emergency Telephone System Act where no emergency telephone
12system board exists.
13    "Referral method" means a telephone service that, upon
14receipt of a telephone request for emergency services, provides
15the requesting party with the telephone number of the
16appropriate public safety agency or other provider of emergency
18    "Relay method" means a telephone service whereby pertinent
19information is noted by the recipient of a telephone request
20for emergency services, and is relayed to appropriate public
21safety agencies or other providers of emergency services for
22dispatch of an emergency service unit.
23    "System" means the communications equipment required to
24produce a response by the appropriate emergency public safety
25agency as a result of an emergency call being placed to 9-1-1.
26    "Transfer method" means a telephone service which receives



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1telephone requests for emergency services and directly
2transfers such requests to an appropriate public safety agency
3or other provider of emergency services.
4    Section 15. Next Generation 9-1-1 systems. In order to
5handle the increasing volume and diversity of information that
6can be made available to assist call takers and responders in
7an emergency, public agencies may update their current 9-1-1
8system(s) to a Next Generation 9-1-1 or NG9-1-1 system.
9Recommended standards for the design, implementation, and
10operation of NG9-1-1 systems are published by the National
11Emergency Number Association (NENA) Operations and Technical
12Committees. NENA recommended standards for NG9-1-1 systems
13shall supersede the standards set forth previously for 9-1-1
15    The establishment of these systems shall be centralized to
16the extent feasible. Nothing in this Act shall be construed to
17prohibit or discourage in any way the formation of
18multijurisdictional or regional systems, and any system
19established pursuant to this Act may include the territory of
20more than one public agency or may include a segment of the
21territory of a public agency.
22    (a) A board, a qualified governmental entity, a group of
23boards, or a group of qualified governmental entities may form
24a Network Operating Authority or a Regional Network Operating
25Authority for the purpose of planning, implementing,



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1operating, and maintaining a Regional ESInet. The Network
2Operating Authority or Regional Network Operating Authority
3may employ a commercial or noncommercial NG9-1-1 System
4provider to implement, operate, and maintain the network,
5applications, and databases which may comprise an ESInet.
6ESInets may share core services with other ESInets. Carriers
7shall deliver calls to the designated point of interconnection
8as determined by the appropriate Regional Network Operating
10    Once formed, a Network Operating Authority or Regional
11Network Operating Authority shall submit a strategic plan to
12the Illinois Next Generation 9-1-1 Network for approval. A
13regional strategic plan must include all of the following:
14        (i) a description of the planned NG9-1-1 system
15    architecture;
16        (ii) a description of how the NG9-1-1 system will be
17    implemented, along with a transition plan and timeline;
18        (iii) a description of how the transition will be
19    funded and how grants would be used to implement NG9-1-1;
20        (iv) a plan to develop and maintain the required
21    databases and enable information sharing across
22    jurisdictional boundaries;
23        (v) policies, procedures, and measures to be employed
24    to protect the security of the network and maintain the
25    integrity, confidentiality, and availability of
26    information accessed;



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1        (vi) measures to be taken to minimize the impact of the
2    failure of a single network element;
3        (vii) a description of how training programs for staff
4    will be conducted before NG9-1-1 services are deployed;
5        (viii) a description of the awareness programs for the
6    public; and
7        (ix) measures to foster a competitive environment for
8    the procurement of NG9-1-1 services.
9    Once the strategic plan is approved, and NG9-1-1
10implementation begins, NG9-1-1 and 9-1-1 operations previously
11governed by the Emergency Telephone System Act shall be
12governed by this Act.
13    (b) A not-for-profit corporation known as the Illinois Next
14Generation 9-1-1 Network or INGN shall be created to support
15NG9-1-1 operations. INGN shall be incorporated under the
16General Not for Profit Corporation Act of 1986 and shall be
17registered, incorporated, organized, and operated in
18compliance with the laws of this State. INGN shall be supported
19within the Commission, but shall exercise its powers, duties,
20and responsibilities independently of the Commission. The
21Executive Director of the Commission shall employ, in
22accordance with the provisions of the Illinois Personnel Code,
23administrative, professional, clerical, and other personnel as
24may be required and may organize such staff as may be
25appropriate to effectuate the purposes of this Act. INGN shall
26not be a State agency.



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1    (c) INGN shall be governed by a board of directors. The
2INGN Board shall consist of 11 voting members, 3 of whom shall
3be appointed by the Illinois Chapter of the National Emergency
4Number Association (INENA), 3 by the Illinois Chapter of the
5Association of Public Safety Communications Officials (IL
6APCO), one appointed by the Illinois Sheriffs' Association, one
7appointed by the Illinois Association of Chiefs of Police, one
8appointed by the Illinois Fire Chiefs Association, one
9appointed by the Chicago Office of Emergency Management and
10Communications (OEMC), and one appointed by the Cook County
11Emergency Telephone System Board (ETSB). A member appointed by
12the Illinois Commerce Commission (ICC) and a member appointed
13by the Illinois Telecommunications Association (ITA) shall be
14non-voting ex-officio members. Members of the Board shall
15receive no compensation but shall be reimbursed for reasonable
16expenses incurred in the performance of their duties. The Board
17shall elect a chair of the Board from among the members. The
18Board shall meet at the call of the chair.
19    (d) The Board of Directors shall have all of the following
20powers and duties:
21        (i) to publish a master plan that provides planning
22    guidance for the transition to NG9-1-1 in Illinois. The
23    master plan shall establish interconnection requirements
24    for regional ESInets in order to connect the Regional
25    ESInets into a state-wide network and connect to adjacent
26    States;



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1        (ii) to review and approve or disapprove the strategic
2    plans or their modifications for the implementation,
3    operation and maintenance of NG9-1-1 ESInets to ensure the
4    best interests of public safety are maintained;
5        (iii) to direct the administration of the funds in the
6    NG9-1-1 Service Equalization Trust Fund, including to
7    apply for, solicit, receive, establish priorities for,
8    allocate, disburse, contract for, and spend funds that are
9    made available to the INGN from any source to effectuate
10    the purposes of this Act;
11        (iv) from the funds in the NG9-1-1 Service Equalization
12    Trust Fund, and other sources, to make grants to Network
13    Operating Authorities or Regional Network Operating
14    Authorities to carry out approved strategic plans;
15        (v) to define reporting requirements and provide
16    oversight for grants;
17        (vi) to report annually, on or before April 1, 2014 to
18    the Governor, General Assembly, and, upon request, to
19    members of the general public on the Council's activities
20    in the preceding year;
21        (vii) to adopt, amend, and repeal by-laws and policies,
22    not inconsistent with the powers granted to it or the
23    articles of incorporation, for the administration of the
24    affairs of INGN and the exercise of its corporate powers;
25    and
26        (viii) to exercise any other powers that are



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1    reasonable, necessary, or convenient to fulfill its
2    responsibilities, to carry out and to effectuate the
3    objectives and purposes of the Council and the provisions
4    of this Act, and to comply with the requirements of
5    applicable federal or State laws or regulations; provided,
6    however, that such powers shall not include the power to
7    subpoena or arrest.
8    (e) An Advisory Committee is established for the benefit of
9INGN and its Board of Directors in the performance of their
10powers, duties, and functions under this Act. The Board shall
11provide for the number, qualifications, and appointment of
12members of the Advisory Committee.
13    Section 20. Incorporation of emergency services. Every
14system shall include police, firefighting, and emergency
15medical and ambulance services, and may include other emergency
16services, in the discretion of the affected local public
17agency, such as poison control services, suicide prevention
18services, and emergency management services. The system may
19incorporate a private ambulance service. In those areas in
20which a public safety agency of the State provides emergency
21services, the system shall include that public safety agency.
22    Section 25. Emergency telephone numbers. The digits
23"9-1-1" shall be the primary emergency telephone number within
24the system, but a public agency or public safety agency shall



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1maintain a separate secondary seven digit emergency backup
2number for at least 6 months after the "9-1-1" system is
3established and in operation, and shall maintain a separate
4number for nonemergency telephone calls.
5    Section 30. Capabilities of system; pay telephones. All
6systems shall be designed to meet the specific requirements of
7each community and public agency served by the system. Every
8Next Generation 9-1-1 system shall be designed to have the
9capability of utilizing at least one of the following methods
10in response to emergency calls: (i) the direct dispatch method,
11(ii) the relay method, (iii) the transfer method, or (iv) the
12referral method.
13    To maximize efficiency and utilization of the system, all
14pay telephones within each system shall enable a caller to dial
15"9-1-1" for emergency services without the necessity of
16inserting a coin. This paragraph does not apply to pay
17telephones located in penal institutions, as defined in Section
182-14 of the Criminal Code of 1961, that have been designated
19for the exclusive use of committed persons.
20    Section 35. Accessibility of 9-1-1 systems. The Commission
21shall require that every 9-1-1 system be readily accessible to
22hearing-impaired and voice-impaired individuals through the
23use of telecommunications technology for hearing-impaired and
24speech-impaired individuals.



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1    As used in this Section:
2        "Hearing-impaired individual" means a person with a
3    permanent hearing loss who can regularly and routinely
4    communicate by telephone only through the aid of devices
5    which can send and receive written messages over the
6    telephone network.
7        "Voice-impaired individual" means a person with a
8    permanent speech disability which precludes oral
9    communication, who can regularly and routinely communicate
10    by telephone only through the aid of devices which can send
11    and receive written messages over the telephone network.
12        "Telecommunications technology" means equipment that
13    can send and receive written messages over the telephone
14    network.
15    Section 40. Implementation. The Commission shall
16establish, with the cooperation of the INGN, a broad plan to
17effectuate the purposes of this Act. The INGN shall coordinate
18the implementation of systems established under this Act. The
19INGN shall assist local public agencies and local public safety
20agencies in obtaining financial help to establish NG9-1-1
21service, and shall aid the agencies in the formulation of
22concepts, methods, and procedures that will improve the
23operation of systems required by this Act and which will
24increase cooperation between public safety agencies.



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1    Section 45. Confidentiality.
2    (a) 9-1-1 information consisting of names, addresses and
3telephone numbers of telephone customers whose listings are not
4published in directories or listed in Directory Assistance
5Offices is confidential. Except as provided in subsection (b),
6information shall be provided on a call-by-call basis only for
7the purpose of responding to emergency calls. For the purposes
8of this subsection, "emergency" means a situation in which
9property or human life is in jeopardy and the prompt
10notification of the public safety agency is essential.
11    (b) 9-1-1 information, including information described in
12subsection (a), may be used by a public safety agency for the
13purpose of placing out-going emergency calls.
14    (c) Nothing in this Section prohibits a municipality with a
15population of more than 500,000 from using 9-1-1 information,
16including information described in subsection (a), for the
17purpose of responding to calls made to a non-emergency
18telephone system that is under the supervision and control of a
19public safety agency and that shares all or some facilities
20with an NG9-1-1 system.
21    (d) Any public safety agency that uses 9-1-1 information
22for the purposes of subsection (b) must establish methods and
23procedures that ensure the confidentiality of information as
24required by subsection (a).
25    (e) Divulging confidential information in violation of
26this Section is a Class A misdemeanor.



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1    Section 50. 9-1-1 system; county areas. The Emergency
2Telephone System Board of any 9-1-1 system and the Chairman of
3the County Board in any county implementing an NG9-1-1 system
4shall ensure that all areas of the county are included in the
6    Section 55. Joint powers of agreement. In implementing
7systems under this Act, all public agencies in a single system
8shall enter into a joint powers agreement or any other form of
9written cooperative agreement which is applicable when need
10arises on a day-to-day basis. Certified notification of the
11continuation of such agreements shall be made among the
12involved parties on an annual basis. In addition, the
13agreements shall be entered into between public agencies and
14public safety agencies which are part of different systems, but
15whose jurisdictional boundaries are contiguous. The agreements
16shall provide that, once an emergency unit is dispatched in
17response to a request through the system, the unit shall render
18its services to the requesting party without regard to whether
19the unit is operating outside its normal jurisdictional
21    Section 60. Joint agreements; filing. Copies of the annual
22certified notification of continuing agreement required by
23Section 55 shall be filed with the Attorney General and the



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1Commission. All agreements shall be so filed prior to the 31st
2day of January. The Attorney General shall commence judicial
3proceedings to enforce compliance with this Section and Section
455, where a public agency or public safety agency has failed to
5timely enter into such agreement or file copies of the annual
6certified notification.
7    Section 65. Public body; exemption from civil liability for
8developing or operating an NG9-1-1 system. No public agency,
9public safety agency, emergency telephone system board, or unit
10of local government assuming the duties of an emergency
11telephone system board, nor any officer, agent or employee of
12any public agency, public safety agency, emergency telephone
13system board, or unit of local government assuming the duties
14of an emergency telephone system board, shall be liable for any
15civil damages as a result of any act or omission, except
16willful or wanton misconduct, in connection with developing,
17adopting, operating, or implementing any plan or NG9-1-1 system
18required by this Act.
19    Exemption from civil liability for emergency instructions
20is as provided in the Good Samaritan Act.
21    Section 70. False complaints. Any person making a request
22for emergency assistance (RFEA) for the purpose of making a
23false alarm or complaint and reporting false information is
24subject to the provisions of Section 26-1 of the Criminal Code



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1of 1961.
2    Section 75. Non-Voice-Centric Emergency Services. Next
3Generation 9-1-1 systems shall support Non-Voice-Centric (NVC)
4Emergency Services, but are intended to support (human) end
5user to authority communication. NVC Emergency Services may
6support, but are not limited to, the following examples of
7nonverbal communications to an emergency services network:
8        (1) text communication between end users and emergency
9    services;
10        (2) multi-media transfers to emergency services during
11    a voice or NVC session with emergency services;
12        (3) real-time video session with emergency services;
13    and
14        (4) text communication with supplementary media,
15    including but not limited to, background audio or video.
16    NVC Emergency Services do not include support of calls from
17non-human initiated devices that cause the number 9-1-1 to be
18dialed in order to directly access emergency services,
19including but not limited to automatic alarms, automatic
20alerting devices, and automatic dialers.
21    Section 80. Emergency telephone number; advertising. No
22person or private entity may advertise or otherwise publicize
23the availability of services provided by a specific provider
24and indicate that a consumer should obtain access to services



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1provided by a specific provider by use of the emergency
2telephone number.
3    Section 85. Funding.
4    (a) A special fund is created in the State Treasury, to be
5known as the 9-1-1 Service Equalization Trust Fund, which shall
6be administered by the Executive Director of the Commission at
7the direction of the INGN board of Directors. All interest
8earned from the investment or deposit of monies accumulated in
9the Trust Fund shall, pursuant to Section 4.1 of the State
10Finance Act, be deposited in the Trust Fund.
11    (b) Money deposited in this Trust Fund shall not be
12considered general revenue of the State of Illinois.
13    (c) Money deposited in the Trust Fund shall be used only to
14enhance efforts to effectuate the purposes of this Act as
15determined by the Board of Directors of INGN and shall not be
16appropriated, loaned or in any manner transferred to the
17General Revenue Fund of the State of Illinois. Money in the
18Trust Fund shall be expended for the following:
19        (i) Grants to Network Operating Authorities or
20    Regional Network Operating Authorities to implement,
21    operate, and maintain NG9-1-1 systems. The grants are not
22    required to be equal, but should be made to carry out the
23    policy of implementing NG9-1-1 service statewide. Money
24    provided under this section may be used only for expenses
25    related to implementing and sustaining NG9-1-1 services,



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1    including planning, professional services, provisioning,
2    call delivery, core services, applications, network
3    operations, and maintenance.
4        (ii) Payment of the Commission's costs to administer
5    the INGN and the Trust Fund, but for this purpose in an
6    amount not to exceed 10% in any one fiscal year of the
7    amount estimated to be collected in that same fiscal year.
8    Section 90. Compliance with certification of 9-1-1 System
9providers by the Illinois Commerce Commission. In addition to
10the requirements of this Section, all 9-1-1 System providers
11must comply with the requirements of Section 13-900 of the
12Public Utilities Act.
13    Section 195. The State Finance Act is amended by adding
14Section 5.811 as follows:
15    (30 ILCS 105/5.811 new)
16    Sec. 5.811. The 9-1-1 Service Equalization Trust Fund.
17    Section 999. Effective date. This Act takes effect January
181, 2013.