HB3702eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3702 EngrossedLRB102 14080 RLC 21101 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
5by changing Sections 2, 3, 4, 5, 6, 6.1, 7, 8, 10, 10.1, 10.3,
614, 15, 15.2, 15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6, 15.6a,
715.6b, 17.5, 19, 20, 30, 40, 45, and 99 and by adding Sections
86.2 and 7.1 as follows:
 
9    (50 ILCS 750/2)  (from Ch. 134, par. 32)
10    (Section scheduled to be repealed on December 31, 2021)
11    Sec. 2. Definitions. As used in this Act, unless the
12context otherwise requires:
13    "9-1-1 network" means the network used for the delivery of
149-1-1 calls and messages over dedicated and redundant
15facilities to a primary or backup 9-1-1 PSAP that meets the
16appropriate grade of service P.01 grade of service standards
17for basic 9-1-1 and enhanced 9-1-1 services or meets national
18I3 industry call delivery standards for Next Generation 9-1-1
19services.
20    "9-1-1 system" means the geographic area that has been
21granted an order of authority by the Commission or the
22Statewide 9-1-1 Administrator to use "9-1-1" as the primary
23emergency telephone number, including but not limited to the

 

 

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1network, software applications, databases, CPE components and
2operational and management procedures required to provide
39-1-1 service.
4    "9-1-1 Authority" means includes an Emergency Telephone
5System Board, Joint Emergency Telephone System Board that
6provides for the management and operation of a 9-1-1 system ,
7and a qualified governmental entity. "9-1-1 Authority"
8includes the Department of State Police only to the extent it
9provides 9-1-1 services under this Act.
10    "9-1-1 System Manager" means the manager, director,
11administrator, or coordinator who at the direction of his or
12her Emergency Telephone System Board is responsible for the
13implementation and execution of the order of authority issued
14by the Commission or the Statewide 9-1-1 Administrator through
15the programs, policies, procedures, and daily operations of
16the 9-1-1 system consistent with the provisions of this Act.
17    "Administrator" means the Statewide 9-1-1 Administrator.
18    "Advanced service" means any telecommunications service
19with or without dynamic bandwidth allocation, including, but
20not limited to, ISDN Primary Rate Interface (PRI), that,
21through the use of a DS-1, T-1, or other un-channelized or
22multi-channel transmission facility, is capable of
23transporting either the subscriber's inter-premises voice
24telecommunications services to the public switched network or
25the subscriber's 9-1-1 calls to the public agency.
26    "ALI" or "automatic location identification" means, in an

 

 

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1E9-1-1 system, the automatic display at the public safety
2answering point of the caller's telephone number, the address
3or location of the caller's telephone, and supplementary
4emergency services information of the location from which a
5call originates.
6    "ANI" or "automatic number identification" means the
7automatic display of the 10 digit telephone number associated
8with the caller's telephone number 9-1-1 calling party's
9number on the PSAP monitor.
10    "Automatic alarm" and "automatic alerting device" mean any
11device that will access the 9-1-1 system for emergency
12services upon activation and does not provide for two-way
13communication.
14    "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
15Backup Answering Point, or VAP.
16    "Authorized entity" means an answering point or
17participating agency other than a decommissioned PSAP.
18    "Backup PSAP" means an a public safety answering point
19that meets the appropriate standards of service and serves as
20an alternate to the PSAP operating independently from the PSAP
21for enhanced systems and is at a different location, which has
22the capability to direct dispatch for the PSAP or otherwise
23transfer emergency calls directly to an authorized entity. and
24operates independently from the PSAP. A backup PSAP may accept
25overflow calls from the PSAP or be activated if the primary
26PSAP is disabled.

 

 

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1    "Board" means an Emergency Telephone System Board or a
2Joint Emergency Telephone System Board created pursuant to
3Section 15.4.
4    "Carrier" means a business entity that provides a
5communication function to a customer base, typically for a
6fee, that accesses the statewide 9-1-1 system. "Carrier"
7includes, but is not limited to, a telecommunications carrier
8and a wireless carrier, local exchange carrier, and VoIP
9service provider carrier.
10    "Commission" means the Illinois Commerce Commission.
11    "Computer aided dispatch" or "CAD" means a computer-based
12system that aids public safety telecommunicators PSAP
13telecommunicators by automating selected dispatching and
14recordkeeping activities.
15    "Direct dispatch dispatch method" means a 9-1-1 service
16wherein upon receipt of an emergency call, that provides for
17the direct dispatch by a public safety telecommunicator
18transmits - without delay, transfer, relay, or referral - all
19relevant available information to PSAP telecommunicator of the
20appropriate public safety personnel or emergency responders
21unit upon receipt of an emergency call and the decision as to
22the proper action to be taken.
23    "Decommissioned" means the revocation of a PSAPs authority
24to handle 9-1-1 calls as an answering point within the 9-1-1
25network.
26    "Department" means the Department of State Police.

 

 

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1    "DS-1, T-1, or similar un-channelized or multi-channel
2transmission facility" means a facility that can transmit and
3receive a bit rate of at least 1.544 megabits per second
4(Mbps).
5    "Dynamic bandwidth allocation" means the ability of the
6facility or customer to drop and add channels, or adjust
7bandwidth, when needed in real time for voice or data
8purposes.
9    "Emergency call" means any type of request for emergency
10assistance through a 9-1-1 network either to the digits 9-1-1
11or the emergency 24/7 10-digit telephone number for all
12answering points. An emergency call is not limited to a voice
13telephone call. It could be a two-way video call, an
14interactive text, Teletypewriter (TTY), an SMS, an Instant
15Message, or any new mechanism for communications available in
16the future. An emergency call occurs when the request for
17emergency assistance is received by a public safety
18telecommunicator.
19    "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
20includes network switching, database and PSAP premise elements
21capable of providing automatic location identification data,
22selective routing, selective transfer, fixed transfer, and a
23call back number, including any enhanced 9-1-1 service so
24designated by the Federal Communications Commission in its
25report and order in WC Dockets Nos. 04-36 and 05-196, or any
26successor proceeding.

 

 

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1    "ETSB" means an emergency telephone system board appointed
2by the corporate authorities of any county or municipality
3that provides for the management and operation of a 9-1-1
4system.
5    "Grade of service" means P.01 for enhanced 9-1-1 services
6or the NENA i3 Solution adopted standard for NG9-1-1.
7    "Hearing-impaired individual" means a person with a
8permanent hearing loss who can regularly and routinely
9communicate by telephone only through the aid of devices which
10can send and receive written messages over the telephone
11network.
12    "Hosted supplemental 9-1-1 service" means a database
13service that:
14        (1) electronically provides information to 9-1-1 call
15    takers when a call is placed to 9-1-1;
16        (2) allows telephone subscribers to provide
17    information to 9-1-1 to be used in emergency scenarios;
18        (3) collects a variety of formatted data relevant to
19    9-1-1 and first responder needs, which may include, but is
20    not limited to, photographs of the telephone subscribers,
21    physical descriptions, medical information, household
22    data, and emergency contacts;
23        (4) allows for information to be entered by telephone
24    subscribers through a secure website where they can elect
25    to provide as little or as much information as they
26    choose;

 

 

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1        (5) automatically displays data provided by telephone
2    subscribers to 9-1-1 call takers for all types of
3    telephones when a call is placed to 9-1-1 from a
4    registered and confirmed phone number;
5        (6) supports the delivery of telephone subscriber
6    information through a secure internet connection to all
7    emergency telephone system boards;
8        (7) works across all 9-1-1 call taking equipment and
9    allows for the easy transfer of information into a
10    computer aided dispatch system; and
11        (8) may be used to collect information pursuant to an
12    Illinois Premise Alert Program as defined in the Illinois
13    Premise Alert Program (PAP) Act.
14    "Interconnected voice over Internet protocol provider" or
15"Interconnected VoIP provider" has the meaning given to that
16term under Section 13-235 of the Public Utilities Act.
17    "Joint ETSB" means a Joint Emergency Telephone System
18Board established by intergovernmental agreement of two or
19more municipalities or counties, or a combination thereof, to
20provide for the management and operation of a 9-1-1 system.
21    "Local public agency" means any unit of local government
22or special purpose district located in whole or in part within
23this State that provides or has authority to provide
24firefighting, police, ambulance, medical, or other emergency
25services.
26    "Mechanical dialer" means any device that accesses either

 

 

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1manually or remotely triggers a dialing device to access the
29-1-1 system without human intervention and does not provide
3for two-way communication.
4    "Master Street Address Guide" or "MSAG" is a database of
5street names and house ranges within their associated
6communities defining emergency service zones (ESZs) and their
7associated emergency service numbers (ESNs) to enable proper
8routing of 9-1-1 calls.
9    "Mobile telephone number" or "MTN" means the telephone
10number assigned to a wireless telephone at the time of initial
11activation.
12    "Network connections" means the number of voice grade
13communications channels directly between a subscriber and a
14telecommunications carrier's public switched network, without
15the intervention of any other telecommunications carrier's
16switched network, which would be required to carry the
17subscriber's inter-premises traffic and which connection
18either (1) is capable of providing access through the public
19switched network to a 9-1-1 Emergency Telephone System, if one
20exists, or (2) if no system exists at the time a surcharge is
21imposed under Section 15.3, that would be capable of providing
22access through the public switched network to the local 9-1-1
23Emergency Telephone System if one existed. Where multiple
24voice grade communications channels are connected to a
25telecommunications carrier's public switched network through a
26private branch exchange (PBX) service, there shall be

 

 

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1determined to be one network connection for each trunk line
2capable of transporting either the subscriber's inter-premises
3traffic to the public switched network or the subscriber's
49-1-1 calls to the public agency. Where multiple voice grade
5communications channels are connected to a telecommunications
6carrier's public switched network through Centrex centrex type
7service, the number of network connections shall be equal to
8the number of PBX trunk equivalents for the subscriber's
9service or other multiple voice grade communication channels
10facility, as determined by reference to any generally
11applicable exchange access service tariff filed by the
12subscriber's telecommunications carrier with the Commission.
13    "Network costs" means those recurring costs that directly
14relate to the operation of the 9-1-1 network as determined by
15the Statewide 9-1-1 Administrator with the advice of the
16Statewide 9-1-1 Advisory Board, which may include, but need
17not be limited to, some or all of the following: costs for
18interoffice trunks, selective routing charges, transfer lines
19and toll charges for 9-1-1 services, Automatic Location
20Information (ALI) database charges, independent local exchange
21carrier charges and non-system provider charges, carrier
22charges for third party database for on-site customer premises
23equipment, back-up PSAP trunks for non-system providers,
24periodic database updates as provided by carrier (also known
25as "ALI data dump"), regional ALI storage charges, circuits
26for call delivery (fiber or circuit connection), NG9-1-1

 

 

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1costs, and all associated fees, taxes, and surcharges on each
2invoice. "Network costs" shall not include radio circuits or
3toll charges that are other than for 9-1-1 services.
4    "Next generation 9-1-1" or "NG9-1-1" means a secure an
5Internet Protocol-based (IP-based) open-standards system
6comprised of hardware, software, data, and operational
7policies and procedures that: managed ESInets, functional
8elements and applications, and databases that replicate
9traditional E9-1-1 features and functions and provide
10additional capabilities. "NG9-1-1" systems are designed to
11provide access to emergency services from all connected
12communications sources, and provide multimedia data
13capabilities for PSAPs and other emergency services
14organizations.
15            (A) provides standardized interfaces from
16        emergency call and message services to support
17        emergency communications;
18            (B) processes all types of emergency calls,
19        including voice, text, data, and multimedia
20        information;
21            (C) acquires and integrates additional emergency
22        call data useful to call routing and handling;
23            (D) delivers the emergency calls, messages, and
24        data to the appropriate public safety answering point
25        and other appropriate emergency entities based on the
26        location of the caller;

 

 

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1            (E) supports data, video, and other communications
2        needs for coordinated incident response and
3        management; and
4            (F) interoperates with services and networks used
5        by first responders to facilitate emergency response.
6    "NG9-1-1 costs" means those recurring costs that directly
7relate to the Next Generation 9-1-1 service as determined by
8the Statewide 9-1-1 Administrator with the advice of the
9Statewide 9-1-1 Advisory Board, which may include including,
10but need not be limited to, costs for NENA i3 Core Components
11(Border Control Function (BCF), Emergency Call Routing
12Function (ECRF), Location Validation Function (LVF), Emergency
13Services Routing Proxy (ESRP), Policy Store/Policy Routing
14Functions (PSPRF) and Location Information Servers (LIS)),
15Statewide ESInet, software external to the PSAP (data
16collection, identity management, aggregation and GIS
17functionality), and gateways (legacy 911 tandems or gateways
18or both). Emergency System Routing Proxy (ESRP), Emergency
19Call Routing Function/Location Validation Function (ECRF/LVF),
20Spatial Information Function (SIF), the Border Control
21Function (BCF), and the Emergency Services Internet Protocol
22networks (ESInets), legacy network gateways, and all
23associated fees, taxes, and surcharges on each invoice.
24    "Private branch exchange" or "PBX" means a private
25telephone system and associated equipment located on the
26user's property that provides communications between internal

 

 

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1stations and external networks.
2    "Private business switch service" means network and
3premises based systems including a VoIP, Centrex type service,
4or PBX service, even though key telephone systems or
5equivalent telephone systems registered with the Federal
6Communications Commission under 47 C.F.R. Part 68 are directly
7connected to Centrex type and PBX systems. "Private business
8switch service" does not include key telephone systems or
9equivalent telephone systems registered with the Federal
10Communications Commission under 47 C.F.R. Part 68 when not
11used in conjunction with a VoIP, Centrex type, or PBX systems.
12"Private business switch service" typically includes, but is
13not limited to, private businesses, corporations, and
14industries where the telecommunications service is primarily
15for conducting business.
16    "Private residential switch service" means network and
17premise based systems including a VoIP, Centrex type service,
18or PBX service or key telephone systems or equivalent
19telephone systems registered with the Federal Communications
20Commission under 47 C.F.R. Part 68 that are directly connected
21to a VoIP, Centrex type service, or PBX systems equipped for
22switched local network connections or 9-1-1 system access to
23residential end users through a private telephone switch.
24"Private residential switch service" does not include key
25telephone systems or equivalent telephone systems registered
26with the Federal Communications Commission under 47 C.F.R.

 

 

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1Part 68 when not used in conjunction with a VoIP, Centrex type,
2or PBX systems. "Private residential switch service" typically
3includes, but is not limited to, apartment complexes,
4condominiums, and campus or university environments where
5shared tenant service is provided and where the usage of the
6telecommunications service is primarily residential.
7    "Public agency" means the State, and any unit of local
8government or special purpose district located in whole or in
9part within this State, that provides or has authority to
10provide firefighting, police, ambulance, medical, or other
11emergency services.
12    "Public safety agency" means a functional division of a
13public agency that provides firefighting, police, medical, or
14other emergency services to respond to and manage emergency
15incidents. For the purpose of providing wireless service to
16users of 9-1-1 emergency services, as expressly provided for
17in this Act, the Department of State Police may be considered a
18public safety agency.
19    "Public safety answering point" or "PSAP" means the
20primary answering location of an emergency call that meets the
21appropriate standards of service and is responsible for
22receiving and processing is a set of call-takers authorized by
23a governing body and operating under common management that
24receive 9-1-1 calls and asynchronous event notifications for a
25defined geographic area and processes those calls and events
26according to a specified operational policy.

 

 

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1    "PSAP representative" means the manager or supervisor of a
2Public Safety Answering Point (PSAP) who oversees the daily
3operational functions and is responsible for the overall
4management and administration of the PSAP.
5    "Public safety telecommunicator" means any person employed
6in a full-time or part-time capacity at an answering point
7whose duties or responsibilities include answering, receiving,
8or transferring an emergency call for dispatch to the
9appropriate emergency responder.
10    "Public safety telecommunicator supervisor" means any
11person employed in a full-time or part-time capacity at an
12answering point or by a 9-1-1 Authority, whose primary duties
13or responsibilities are to direct, administer, or manage any
14public safety telecommunicator and whose responsibilities
15include answering, receiving, or transferring an emergency
16call for dispatch to the appropriate responders.
17    "Qualified governmental entity" means a unit of local
18government authorized to provide 9-1-1 services pursuant to
19this Act where no emergency telephone system board exists.
20    "Referral method" means a 9-1-1 service in which the
21public safety telecommunicator PSAP telecommunicator provides
22the calling party with the telephone number of the appropriate
23public safety agency or other provider of emergency services.
24    "Regular service" means any telecommunications service,
25other than advanced service, that is capable of transporting
26either the subscriber's inter-premises voice

 

 

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1telecommunications services to the public switched network or
2the subscriber's 9-1-1 calls to the public agency.
3    "Relay method" means a 9-1-1 service in which the public
4safety telecommunicator PSAP telecommunicator takes the
5pertinent information from a caller and relays that
6information to the appropriate public safety agency or other
7provider of emergency services.
8    "Remit period" means the billing period, one month in
9duration, for which a wireless carrier remits a surcharge and
10provides subscriber information by zip code to the Department,
11in accordance with Section 20 of this Act.
12    "Secondary Answering Point" or "SAP" means a location,
13other than a PSAP, that is able to receive the voice, data, and
14call back number of E9-1-1 or NG9-1-1 emergency calls
15transferred from a PSAP and completes the call taking process
16by dispatching police, medical, fire, or other emergency
17responders.
18    "Statewide wireless emergency 9-1-1 system" means all
19areas of the State where an emergency telephone system board
20or, in the absence of an emergency telephone system board, a
21qualified governmental entity, has not declared its intention
22for one or more of its public safety answering points to serve
23as a primary wireless 9-1-1 public safety answering point for
24its jurisdiction. The operator of the statewide wireless
25emergency 9-1-1 system shall be the Department of State
26Police.

 

 

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1    "System" means the communications equipment and related
2software applications required to produce a response by the
3appropriate emergency public safety agency or other provider
4of emergency services as a result of an emergency call being
5placed to 9-1-1.
6    "System provider" means the contracted entity providing
79-1-1 network and database services.
8    "Telecommunications carrier" means those entities included
9within the definition specified in Section 13-202 of the
10Public Utilities Act, and includes those carriers acting as
11resellers of telecommunications services. "Telecommunications
12carrier" includes telephone systems operating as mutual
13concerns. "Telecommunications carrier" does not include a
14wireless carrier.
15    "Telecommunications technology" means equipment that can
16send and receive written messages over the telephone network.
17    "Transfer method" means a 9-1-1 service in which the
18public safety telecommunicator, who receives an emergency PSAP
19telecommunicator receiving a call, transmits, redirects, or
20conferences transfers that call to the appropriate public
21safety agency or other provider of emergency services.
22Transfer shall not include a relay or referral of the
23information without transferring the caller.
24    "Transmitting messages" shall have the meaning given to
25that term under Section 8-11-2 of the Illinois Municipal Code.
26    "Trunk line" means a transmission path, or group of

 

 

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1transmission paths, connecting a subscriber's PBX to a
2telecommunications carrier's public switched network. In the
3case of regular service, each voice grade communications
4channel or equivalent amount of bandwidth capable of
5transporting either the subscriber's inter-premises voice
6telecommunications services to the public switched network or
7the subscriber's 9-1-1 calls to the public agency shall be
8considered a trunk line, even if it is bundled with other
9channels or additional bandwidth. In the case of advanced
10service, each DS-1, T-1, or other un-channelized or
11multi-channel transmission facility that is capable of
12transporting either the subscriber's inter-premises voice
13telecommunications services to the public switched network or
14the subscriber's 9-1-1 calls to the public agency shall be
15considered a single trunk line, even if it contains multiple
16voice grade communications channels or otherwise supports 2 or
17more voice grade calls at a time; provided, however, that each
18additional increment of up to 24 voice grade channels of
19transmission capacity that is capable of transporting either
20the subscriber's inter-premises voice telecommunications
21services to the public switched network or the subscriber's
229-1-1 calls to the public agency shall be considered an
23additional trunk line.
24    "Unmanned backup answering point PSAP" means an a public
25safety answering point that serves as an alternate to the PSAP
26at an alternate location and is typically unmanned but can be

 

 

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1activated if the primary PSAP is disabled.
2    "Virtual answering point" or "VAP" means a temporary or
3nonpermanent location that is capable of receiving an
4emergency call, contains a fully functional worksite that is
5not bound to a specific location, but rather is portable and
6scalable, connecting public safety telecommunicators emergency
7call takers or dispatchers to the work process, and is capable
8of completing the call dispatching process.
9    "Voice-impaired individual" means a person with a
10permanent speech disability which precludes oral
11communication, who can regularly and routinely communicate by
12telephone only through the aid of devices which can send and
13receive written messages over the telephone network.
14    "Wireless carrier" means a provider of two-way cellular,
15broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
16Mobile Radio Service (CMRS), Wireless Communications Service
17(WCS), or other Commercial Mobile Radio Service (CMRS), as
18defined by the Federal Communications Commission, offering
19radio communications that may provide fixed, mobile, radio
20location, or satellite communication services to individuals
21or businesses within its assigned spectrum block and
22geographical area or that offers real-time, two-way voice
23service that is interconnected with the public switched
24network, including a reseller of such service.
25    "Wireless enhanced 9-1-1" means the ability to relay the
26telephone number of the originator of a 9-1-1 call and

 

 

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1location information from any mobile handset or text telephone
2device accessing the wireless system to the designated
3wireless public safety answering point as set forth in the
4order of the Federal Communications Commission, FCC Docket No.
594-102, adopted June 12, 1996, with an effective date of
6October 1, 1996, and any subsequent amendment thereto.
7    "Wireless public safety answering point" means the
8functional division of a 9-1-1 authority accepting wireless
99-1-1 calls.
10    "Wireless subscriber" means an individual or entity to
11whom a wireless service account or number has been assigned by
12a wireless carrier, other than an account or number associated
13with prepaid wireless telecommunication service.
14(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
15    (50 ILCS 750/3)  (from Ch. 134, par. 33)
16    (Section scheduled to be repealed on December 31, 2021)
17    Sec. 3. (a) By July 1, 2017, every local public agency
18shall be within the jurisdiction of a 9-1-1 system.
19    (b) Within 18 months of the awarding of a contract to a
20vendor certified under Section 13-900 of the Public Utilities
21Act to establish a statewide Next Generation 9-1-1 network By
22December 31, 2021, every 9-1-1 system in Illinois, except in a
23municipality with a population over 500,000, shall provide
24Next Generation 9-1-1 service. A municipality with a
25population over 500,000 shall establish a statewide Next

 

 

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1Generation 9-1-1 network by December 31, 2023.
2    (c) Nothing in this Act shall be construed to prohibit or
3discourage in any way the formation of multijurisdictional or
4regional systems, and any system established pursuant to this
5Act may include the territory of more than one public agency or
6may include a segment of the territory of a public agency.
7(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
8    (50 ILCS 750/4)  (from Ch. 134, par. 34)
9    (Section scheduled to be repealed on December 31, 2021)
10    Sec. 4. Every system shall include police, firefighting,
11and emergency medical and ambulance services, and may include
12other emergency services. The system may incorporate private
13ambulance service. In those areas in which a public safety
14agency of the State provides such emergency services, the
15system shall include such public safety agencies.
16(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
17    (50 ILCS 750/5)  (from Ch. 134, par. 35)
18    (Section scheduled to be repealed on December 31, 2021)
19    Sec. 5. The digits "9-1-1" shall be the primary emergency
20telephone number within the system, but a public agency or
21public safety agency shall maintain a separate secondary 10
22seven digit emergency backup number for at least six months
23after the "9-1-1" system is established and in operation, and
24shall maintain a separate number for nonemergency telephone

 

 

HB3702 Engrossed- 21 -LRB102 14080 RLC 21101 b

1calls.
2(Source: P.A. 100-20, eff. 7-1-17.)
 
3    (50 ILCS 750/6)  (from Ch. 134, par. 36)
4    (Section scheduled to be repealed on December 31, 2021)
5    Sec. 6. 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
8system shall be designed to have the capability to of
9utilizing the direct dispatch or to method, relay method,
10transfer method, or referral method in response to emergency
11calls. The General Assembly finds and declares that the most
12critical aspect of the design of any system is the procedure
13established for handling a telephone request for emergency
14services.
15    In addition, to maximize efficiency and utilization of the
16system, all pay telephones within each system shall enable a
17caller to dial "9-1-1" for emergency services without the
18necessity of inserting a coin. This paragraph does not apply
19to pay telephones located in penal institutions, as defined in
20Section 2-14 of the Criminal Code of 2012, that have been
21designated for the exclusive use of committed persons.
22(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
23    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)
24    (Section scheduled to be repealed on December 31, 2021)

 

 

HB3702 Engrossed- 22 -LRB102 14080 RLC 21101 b

1    Sec. 6.1. Every 9-1-1 system shall be readily accessible
2to hearing-impaired and voice-impaired individuals through the
3use of telecommunications technology for hearing-impaired and
4speech-impaired individuals.
5(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
6    (50 ILCS 750/6.2 new)
7    Sec. 6.2. Every 9-1-1 system shall be able to accept text
8to 9-1-1 no later than January 1, 2023. The Illinois State
9Police shall adopt rules for the implementation of this
10Section.
 
11    (50 ILCS 750/7)  (from Ch. 134, par. 37)
12    (Section scheduled to be repealed on December 31, 2021)
13    Sec. 7. The General Assembly finds that, because of
14overlapping jurisdiction of public agencies, public safety
15agencies and telephone service areas, the Administrator, with
16the advice and recommendation of the Statewide 9-1-1 Advisory
17Board, shall establish a general overview or plan to
18effectuate the purposes of this Act within the time frame
19provided in this Act. The General Assembly further finds and
20declares that direct dispatch should be utilized if possible
21to shorten the time required for the public to request and
22receive emergency aid. The Administrator shall minimize the
23use of transfer, relay, and referral of an emergency call if
24possible and encourage Backup PSAPs to be able to direct

 

 

HB3702 Engrossed- 23 -LRB102 14080 RLC 21101 b

1dispatch. Transfer, relay, and referral of an emergency call
2to an entity other than an answering point or the Illinois
3State Police shall not be utilized in response to emergency
4calls unless exigent circumstances exist. In order to insure
5that proper preparation and implementation of emergency
6telephone systems are accomplished by all public agencies as
7required under this Act, the Department, with the advice and
8assistance of the Attorney General, shall secure compliance by
9public agencies as provided in this Act.
10(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
11    (50 ILCS 750/7.1 new)
12    Sec. 7.1. Training.
13    (a) Each 9-1-1 Authority, as well as its answering points,
14shall ensure its public safety telecommunicators and public
15safety telecommunicator Supervisors comply with the training,
16testing, and certification requirements established pursuant
17to Section 2605-53 of the Department of State Police Law.
18    (b) Each 9-1-1 Authority, as well as its answering points,
19shall maintain a record regarding its public safety
20telecommunicators and public safety telecommunicator
21Supervisors compliance with this Section for at least 7 years
22and shall make the training records available for inspection
23by the Administrator upon request.
24    (c) Costs incurred for the development of standards,
25training, testing and certification shall be expenses paid by

 

 

HB3702 Engrossed- 24 -LRB102 14080 RLC 21101 b

1the Department from the funds available to the Administrator
2and the Statewide 9-1-1 Advisory Board under Section 30 of
3this Act. Nothing in this subsection shall prohibit the use of
4grants or other non-surcharge funding sources available for
5this purpose.
 
6    (50 ILCS 750/8)  (from Ch. 134, par. 38)
7    (Section scheduled to be repealed on December 31, 2021)
8    Sec. 8. The Administrator, with the advice and
9recommendation of the Statewide 9-1-1 Advisory Board, shall
10coordinate the implementation of systems established under
11this Act. To assist with this coordination, all systems
12authorized to operate under this Act shall register with the
13Administrator information regarding its composition and
14organization, including, but not limited to, identification of
15the 9-1-1 System Manager and all answering points.
16Decommissioned PSAPs shall not be registered and are not part
17of the 9-1-1 system in Illinois PSAPs, SAPs, VAPs, Backup
18PSAPs, and Unmanned Backup PSAPs. The Department may adopt
19rules for the administration of this Section.
20(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
21    (50 ILCS 750/10)  (from Ch. 134, par. 40)
22    (Section scheduled to be repealed on December 31, 2021)
23    Sec. 10. (a) The Administrator, with the advice and
24recommendation of the Statewide 9-1-1 Advisory Board, shall

 

 

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1establish uniform technical and operational standards for all
29-1-1 systems in Illinois. All findings, orders, decisions,
3rules, and regulations issued or promulgated by the Commission
4under this Act or any other Act establishing or conferring
5power on the Commission with respect to emergency
6telecommunications services, shall continue in force.
7Notwithstanding the provisions of this Section, where
8applicable, the Administrator shall, with the advice and
9recommendation of the Statewide 9-1-1 Advisory Board, amend
10the Commission's findings, orders, decisions, rules, and
11regulations to conform to the specific provisions of this Act
12as soon as practicable after the effective date of this
13amendatory Act of the 99th General Assembly.
14    (a-5) All 9-1-1 systems are responsible for complying with
15the uniform technical and operational standards adopted by the
16Administrator and the Illinois State Police with the advice
17and recommendation of the Statewide 9-1-1 Advisory Board.
18    (b) The Department may adopt emergency rules necessary to
19implement the provisions of this amendatory Act of the 99th
20General Assembly under subsection (t) of Section 5-45 of the
21Illinois Administrative Procedure Act.
22    (c) Nothing in this Act shall deprive the Commission of
23any authority to regulate the provision by telecommunication
24carriers or 9-1-1 system service providers of
25telecommunication or other services under the Public Utilities
26Act.

 

 

HB3702 Engrossed- 26 -LRB102 14080 RLC 21101 b

1    (d) For rules that implicate both the regulation of 9-1-1
2authorities under this Act and the regulation of
3telecommunication carriers and 9-1-1 system service providers
4under the Public Utilities Act, the Department and the
5Commission may adopt joint rules necessary for implementation.
6    (e) Any findings, orders, or decisions of the
7Administrator under this Section shall be deemed a final
8administrative decision and shall be subject to judicial
9review under the Administrative Review Law.
10(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
11    (50 ILCS 750/10.1)  (from Ch. 134, par. 40.1)
12    (Section scheduled to be repealed on December 31, 2021)
13    Sec. 10.1. Confidentiality.
14    (a) 9-1-1 information consisting of names, addresses and
15telephone numbers of telephone customers whose listings are
16not published in directories or listed in Directory Assistance
17Offices is confidential. Except as provided in subsection (b),
18information shall be provided on a call-by-call basis only for
19the purpose of responding to emergency calls. For the purposes
20of this subsection (a), "emergency" means a situation in which
21property or human life is in jeopardy and the prompt
22notification of the public safety agency is essential.
23    (b) 9-1-1 information, including information described in
24subsection (a), may be used by a public safety agency for the
25purpose of placing out-going emergency calls.

 

 

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1    (c) Nothing in this Section prohibits a municipality with
2a population of more than 500,000 from using 9-1-1
3information, including information described in subsection
4(a), for the purpose of responding to calls made to a
5non-emergency telephone system that is under the supervision
6and control of a public safety agency and that shares all or
7some facilities with an emergency telephone system.
8    (d) Any public safety agency that uses 9-1-1 information
9for the purposes of subsection (b) must establish methods and
10procedures that ensure the confidentiality of information as
11required by subsection (a).
12    (e) Divulging confidential information in violation of
13this Section is a Class A misdemeanor.
14(Source: P.A. 100-20, eff. 7-1-17.)
 
15    (50 ILCS 750/10.3)
16    (Section scheduled to be repealed on December 31, 2021)
17    Sec. 10.3. Notice of address change. The Emergency
18Telephone System Board or qualified governmental entity in any
19county implementing a 9-1-1 system that changes any person's
20address (when the person whose address has changed has not
21moved to a new residence) shall notify the person (i) of the
22person's new address and (ii) that the person should contact
23the local election authority to determine if the person should
24re-register to vote.
25(Source: P.A. 100-20, eff. 7-1-17.)
 

 

 

HB3702 Engrossed- 28 -LRB102 14080 RLC 21101 b

1    (50 ILCS 750/14)  (from Ch. 134, par. 44)
2    (Section scheduled to be repealed on December 31, 2021)
3    Sec. 14. The General Assembly declares that a major
4purpose of this Act is to ensure that 9-1-1 systems have
5redundant methods of dispatch for: (1) each public safety
6agency within its jurisdiction, herein known as participating
7agencies; and (2) 9-1-1 systems whose jurisdictional
8boundaries are contiguous, herein known as adjacent 9-1-1
9systems, when an emergency request for service is received for
10a public safety agency that needs to be dispatched by the
11adjacent 9-1-1 system. Another primary purpose of this Section
12is to eliminate instances in which a public safety agency
13refuses, once dispatched, to render aid outside of the
14jurisdictional boundaries of the public safety agency.
15Therefore, in implementing a 9-1-1 system under this Act, all
169-1-1 authorities shall enter into call handling and aid
17outside jurisdictional boundaries agreements with each
18participating agency and adjacent 9-1-1 system. The agreements
19shall provide a primary and secondary means of dispatch. It
20must also provide that, once an emergency unit is dispatched
21in response to a request through the system, such unit shall
22render its services to the requesting party without regard to
23whether the unit is operating outside its normal
24jurisdictional boundaries. Certified notification of the
25continuation of call handling and aid outside jurisdictional

 

 

HB3702 Engrossed- 29 -LRB102 14080 RLC 21101 b

1boundaries agreements shall be made among the involved parties
2on an annual basis. The Illinois State Police may adopt rules
3for the administration of this Section.
4(Source: P.A. 100-20, eff. 7-1-17.)
 
5    (50 ILCS 750/15)  (from Ch. 134, par. 45)
6    (Section scheduled to be repealed on December 31, 2021)
7    Sec. 15. Copies of the annual certified notification of
8continuing agreement required by Section 14 shall be filed
9with the Attorney General and the Administrator. All such
10agreements shall be so filed prior to the 31st day of January.
11The Attorney General shall commence judicial proceedings to
12enforce compliance with this Section and Section 14, where a
13public agency or public safety agency has failed to timely
14enter into such agreement or file copies thereof.
15(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
16    (50 ILCS 750/15.2)  (from Ch. 134, par. 45.2)
17    (Section scheduled to be repealed on December 31, 2021)
18    Sec. 15.2. Any person placing an "emergency call" to
19calling the number "911" for the purpose of making a false
20alarm or complaint and reporting false information when, at
21the time the call or transmission is made, the person knows
22there is no reasonable ground for making the call or
23transmission and further knows that the call or transmission
24could result in the emergency response of any public safety

 

 

HB3702 Engrossed- 30 -LRB102 14080 RLC 21101 b

1agency, is subject to the provisions of Section 26-1 of the
2Criminal Code of 2012.
3(Source: P.A. 100-20, eff. 7-1-17.)
 
4    (50 ILCS 750/15.2a)  (from Ch. 134, par. 45.2a)
5    (Section scheduled to be repealed on December 31, 2021)
6    Sec. 15.2a. The installation of or connection to a
7telephone company's network of any automatic alarm, automatic
8alerting device, or mechanical dialer that causes the number
99-1-1 to be dialed in order to directly access emergency
10services and does not provide for 2-way communication is
11prohibited in a 9-1-1 system.
12    This Section does not apply to a person who connects to a
139-1-1 network using automatic crash notification technology
14subject to an established protocol.
15    This Section does not apply to devices used to enable
16access to the 9-1-1 system for cognitively-impaired or special
17needs persons or for persons with disabilities in an emergency
18situation reported by a caregiver after initiating a missing
19person's report. The device must have the capability to be
20activated and controlled remotely by trained personnel at a
21service center to prevent falsely activated or repeated calls
22to the 9-1-1 system in a single incident. The device must have
23the technical capability to generate location information to
24the 9-1-1 system. Under no circumstances shall a device be
25sold for use in a geographical jurisdiction where the 9-1-1

 

 

HB3702 Engrossed- 31 -LRB102 14080 RLC 21101 b

1system has not deployed wireless phase II location technology.
2The alerting device shall also provide for either 2-way
3communication or send a pre-recorded message to a 9-1-1
4provider explaining the nature of the emergency so that the
59-1-1 provider will be able to dispatch the appropriate
6emergency responder.
7    Violation of this Section is a Class A misdemeanor. A
8second or subsequent violation of this Section is a Class 4
9felony.
10(Source: P.A. 99-143, eff. 7-27-15; 100-20, eff. 7-1-17.)
 
11    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
12    (Section scheduled to be repealed on December 31, 2021)
13    Sec. 15.3. Local non-wireless surcharge.
14    (a) Except as provided in subsection (l) of this Section,
15the corporate authorities of any municipality or any county
16may, subject to the limitations of subsections (c), (d), and
17(h), and in addition to any tax levied pursuant to the
18Simplified Municipal Telecommunications Tax Act, impose a
19monthly surcharge on billed subscribers of network connection
20provided by telecommunication carriers engaged in the business
21of transmitting messages by means of electricity originating
22within the corporate limits of the municipality or county
23imposing the surcharge at a rate per network connection
24determined in accordance with subsection (c), however the
25monthly surcharge shall not apply to a network connection

 

 

HB3702 Engrossed- 32 -LRB102 14080 RLC 21101 b

1provided for use with pay telephone services. Provided,
2however, that where multiple voice grade communications
3channels are connected between the subscriber's premises and a
4public switched network through private branch exchange (PBX)
5or centrex type service, a municipality imposing a surcharge
6at a rate per network connection, as determined in accordance
7with this Act, shall impose:
8        (i) in a municipality with a population of 500,000 or
9    less or in any county, 5 such surcharges per network
10    connection, as defined under Section 2 of this Act, for
11    both regular service and advanced service provisioned
12    trunk lines;
13        (ii) in a municipality with a population, prior to
14    March 1, 2010, of 500,000 or more, 5 surcharges per
15    network connection, as defined under Section 2 of this
16    Act, for both regular service and advanced service
17    provisioned trunk lines;
18        (iii) in a municipality with a population, as of March
19    1, 2010, of 500,000 or more, 5 surcharges per network
20    connection, as defined under Section 2 of this Act, for
21    regular service provisioned trunk lines, and 12 surcharges
22    per network connection, as defined under Section 2 of this
23    Act, for advanced service provisioned trunk lines, except
24    where an advanced service provisioned trunk line supports
25    at least 2 but fewer than 23 simultaneous voice grade
26    calls ("VGC's"), a telecommunication carrier may elect to

 

 

HB3702 Engrossed- 33 -LRB102 14080 RLC 21101 b

1    impose fewer than 12 surcharges per trunk line as provided
2    in subsection (iv) of this Section; or
3        (iv) for an advanced service provisioned trunk line
4    connected between the subscriber's premises and the public
5    switched network through a P.B.X., where the advanced
6    service provisioned trunk line is capable of transporting
7    at least 2 but fewer than 23 simultaneous VGC's per trunk
8    line, the telecommunications carrier collecting the
9    surcharge may elect to impose surcharges in accordance
10    with the table provided in this Section, without limiting
11    any telecommunications carrier's obligations to otherwise
12    keep and maintain records. Any telecommunications carrier
13    electing to impose fewer than 12 surcharges per an
14    advanced service provisioned trunk line shall keep and
15    maintain records adequately to demonstrate the VGC
16    capability of each advanced service provisioned trunk line
17    with fewer than 12 surcharges imposed, provided that 12
18    surcharges shall be imposed on an advanced service
19    provisioned trunk line regardless of the VGC capability
20    where a telecommunications carrier cannot demonstrate the
21    VGC capability of the advanced service provisioned trunk
22    line.
 
23Facility VGC's 911 Surcharges
24Advanced service provisioned trunk line 18-23 12
25Advanced service provisioned trunk line 12-17 10

 

 

 

HB3702 Engrossed- 34 -LRB102 14080 RLC 21101 b

1Advanced service provisioned trunk line 2-11 8
2    Subsections (i), (ii), (iii), and (iv) are not intended to
3make any change in the meaning of this Section, but are
4intended to remove possible ambiguity, thereby confirming the
5intent of paragraph (a) as it existed prior to and following
6the effective date of this amendatory Act of the 97th General
7Assembly.
8    For mobile telecommunications services, if a surcharge is
9imposed it shall be imposed based upon the municipality or
10county that encompasses the customer's place of primary use as
11defined in the Mobile Telecommunications Sourcing Conformity
12Act. A municipality may enter into an intergovernmental
13agreement with any county in which it is partially located,
14when the county has adopted an ordinance to impose a surcharge
15as provided in subsection (c), to include that portion of the
16municipality lying outside the county in that county's
17surcharge referendum. If the county's surcharge referendum is
18approved, the portion of the municipality identified in the
19intergovernmental agreement shall automatically be
20disconnected from the county in which it lies and connected to
21the county which approved the referendum for purposes of a
22surcharge on telecommunications carriers.
23    (b) For purposes of computing the surcharge imposed by
24subsection (a), the network connections to which the surcharge
25shall apply shall be those in-service network connections,

 

 

HB3702 Engrossed- 35 -LRB102 14080 RLC 21101 b

1other than those network connections assigned to the
2municipality or county, where the service address for each
3such network connection or connections is located within the
4corporate limits of the municipality or county levying the
5surcharge. Except for mobile telecommunication services, the
6"service address" shall mean the location of the primary use
7of the network connection or connections. For mobile
8telecommunication services, "service address" means the
9customer's place of primary use as defined in the Mobile
10Telecommunications Sourcing Conformity Act.
11    (c) Upon the passage of an ordinance to impose a surcharge
12under this Section the clerk of the municipality or county
13shall certify the question of whether the surcharge may be
14imposed to the proper election authority who shall submit the
15public question to the electors of the municipality or county
16in accordance with the general election law; provided that
17such question shall not be submitted at a consolidated primary
18election. The public question shall be in substantially the
19following form:
20-------------------------------------------------------------
21    Shall the county (or city, village
22or incorporated town) of ..... impose          YES
23a surcharge of up to ... per month per
24network connection, which surcharge will
25be added to the monthly bill you receive   ------------------
26for telephone or telecommunications

 

 

HB3702 Engrossed- 36 -LRB102 14080 RLC 21101 b

1charges, for the purpose of installing
2(or improving) a 9-1-1 Emergency               NO
3Telephone System?
4-------------------------------------------------------------
5    If a majority of the votes cast upon the public question
6are in favor thereof, the surcharge shall be imposed.
7    However, if a Joint Emergency Telephone System Board is to
8be created pursuant to an intergovernmental agreement under
9Section 15.4, the ordinance to impose the surcharge shall be
10subject to the approval of a majority of the total number of
11votes cast upon the public question by the electors of all of
12the municipalities or counties, or combination thereof, that
13are parties to the intergovernmental agreement.
14    The referendum requirement of this subsection (c) shall
15not apply to any municipality with a population over 500,000
16or to any county in which a proposition as to whether a
17sophisticated 9-1-1 Emergency Telephone System should be
18installed in the county, at a cost not to exceed a specified
19monthly amount per network connection, has previously been
20approved by a majority of the electors of the county voting on
21the proposition at an election conducted before the effective
22date of this amendatory Act of 1987.
23    (d) A county may not impose a surcharge, unless requested
24by a municipality, in any incorporated area which has
25previously approved a surcharge as provided in subsection (c)
26or in any incorporated area where the corporate authorities of

 

 

HB3702 Engrossed- 37 -LRB102 14080 RLC 21101 b

1the municipality have previously entered into a binding
2contract or letter of intent with a telecommunications carrier
3to provide sophisticated 9-1-1 service through municipal
4funds.
5    (e) A municipality or county may at any time by ordinance
6change the rate of the surcharge imposed under this Section if
7the new rate does not exceed the rate specified in the
8referendum held pursuant to subsection (c).
9    (f) The surcharge authorized by this Section shall be
10collected from the subscriber by the telecommunications
11carrier providing the subscriber the network connection as a
12separately stated item on the subscriber's bill.
13    (g) The amount of surcharge collected by the
14telecommunications carrier shall be paid to the particular
15municipality or county or Joint Emergency Telephone System
16Board not later than 30 days after the surcharge is collected,
17net of any network or other 9-1-1 or sophisticated 9-1-1
18system charges then due the particular telecommunications
19carrier, as shown on an itemized bill. The telecommunications
20carrier collecting the surcharge shall also be entitled to
21deduct 3% of the gross amount of surcharge collected to
22reimburse the telecommunications carrier for the expense of
23accounting and collecting the surcharge.
24    (h) Except as expressly provided in subsection (a) of this
25Section, on or after the effective date of this amendatory Act
26of the 98th General Assembly and until December 31, 2017, a

 

 

HB3702 Engrossed- 38 -LRB102 14080 RLC 21101 b

1municipality with a population of 500,000 or more shall not
2impose a monthly surcharge per network connection in excess of
3the highest monthly surcharge imposed as of January 1, 2014 by
4any county or municipality under subsection (c) of this
5Section. Beginning January 1, 2018 and until December 31, 2023
62021, a municipality with a population over 500,000 may not
7impose a monthly surcharge in excess of $5.00 per network
8connection. On or after January 1, 2024 2022, a municipality
9with a population over 500,000 may not impose a monthly
10surcharge in excess of $2.50 per network connection.
11    (i) Any municipality or county or joint emergency
12telephone system board that has imposed a surcharge pursuant
13to this Section prior to the effective date of this amendatory
14Act of 1990 shall hereafter impose the surcharge in accordance
15with subsection (b) of this Section.
16    (j) The corporate authorities of any municipality or
17county may issue, in accordance with Illinois law, bonds,
18notes or other obligations secured in whole or in part by the
19proceeds of the surcharge described in this Section. The State
20of Illinois pledges and agrees that it will not limit or alter
21the rights and powers vested in municipalities and counties by
22this Section to impose the surcharge so as to impair the terms
23of or affect the security for bonds, notes or other
24obligations secured in whole or in part with the proceeds of
25the surcharge described in this Section. The pledge and
26agreement set forth in this Section survive the termination of

 

 

HB3702 Engrossed- 39 -LRB102 14080 RLC 21101 b

1the surcharge under subsection (l) by virtue of the
2replacement of the surcharge monies guaranteed under Section
320; the State of Illinois pledges and agrees that it will not
4limit or alter the rights vested in municipalities and
5counties to the surcharge replacement funds guaranteed under
6Section 20 so as to impair the terms of or affect the security
7for bonds, notes or other obligations secured in whole or in
8part with the proceeds of the surcharge described in this
9Section.
10    (k) Any surcharge collected by or imposed on a
11telecommunications carrier pursuant to this Section shall be
12held to be a special fund in trust for the municipality, county
13or Joint Emergency Telephone Board imposing the surcharge.
14Except for the 3% deduction provided in subsection (g) above,
15the special fund shall not be subject to the claims of
16creditors of the telecommunication carrier.
17    (l) Any surcharge imposed pursuant to this Section by a
18county or municipality, other than a municipality with a
19population in excess of 500,000, shall cease to be imposed on
20January 1, 2016.
21(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
22    (50 ILCS 750/15.3a)
23    (Section scheduled to be repealed on December 31, 2021)
24    Sec. 15.3a. Local wireless surcharge.
25    (a) Notwithstanding any other provision of this Act, a

 

 

HB3702 Engrossed- 40 -LRB102 14080 RLC 21101 b

1unit of local government or emergency telephone system board
2providing wireless 9-1-1 service and imposing and collecting a
3wireless carrier surcharge prior to July 1, 1998 may continue
4its practices of imposing and collecting its wireless carrier
5surcharge, but, except as provided in subsection (b) of this
6Section, in no event shall that monthly surcharge exceed $2.50
7per commercial mobile radio service (CMRS) connection or
8in-service telephone number billed on a monthly basis. For
9mobile telecommunications services provided on and after
10August 1, 2002, any surcharge imposed shall be imposed based
11upon the municipality or county that encompasses the
12customer's place of primary use as defined in the Mobile
13Telecommunications Sourcing Conformity Act.
14    (b) Until December 31, 2017, the corporate authorities of
15a municipality with a population in excess of 500,000 on the
16effective date of this amendatory Act of the 99th General
17Assembly may by ordinance continue to impose and collect a
18monthly surcharge per commercial mobile radio service (CMRS)
19connection or in-service telephone number billed on a monthly
20basis that does not exceed the highest monthly surcharge
21imposed as of January 1, 2014 by any county or municipality
22under subsection (c) of Section 15.3 of this Act. Beginning
23January 1, 2018, and until December 31, 2023 2021, a
24municipality with a population in excess of 500,000 may by
25ordinance continue to impose and collect a monthly surcharge
26per commercial mobile radio service (CMRS) connection or

 

 

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1in-service telephone number billed on a monthly basis that
2does not exceed $5.00. On or after January 1, 2024 2022, the
3municipality may continue imposing and collecting its wireless
4carrier surcharge as provided in and subject to the
5limitations of subsection (a) of this Section.
6    (c) In addition to any other lawful purpose, a
7municipality with a population over 500,000 may use the moneys
8collected under this Section for any anti-terrorism or
9emergency preparedness measures, including, but not limited
10to, preparedness planning, providing local matching funds for
11federal or State grants, personnel training, and specialized
12equipment, including surveillance cameras, as needed to deal
13with natural and terrorist-inspired emergency situations or
14events.
15(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
16    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
17    (Section scheduled to be repealed on December 31, 2021)
18    Sec. 15.4. Emergency Telephone System Board; powers.
19    (a) Except as provided in subsection (e) of this Section,
20the corporate authorities of any county or municipality may
21establish an Emergency Telephone System Board.
22    The corporate authorities shall provide for the manner of
23appointment and the number of members of the Board, provided
24that the board shall consist of not fewer than 5 members, one
25of whom must be a public member who is a resident of the local

 

 

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1exchange service territory included in the 9-1-1 coverage
2area, one of whom (in counties with a population less than
3100,000) may be a member of the county board, and at least 3 of
4whom shall be representative of the 9-1-1 public safety
5agencies, including but not limited to police departments,
6fire departments, emergency medical services providers, and
7emergency services and disaster agencies, and appointed on the
8basis of their ability or experience. In counties with a
9population of more than 100,000 but less than 2,000,000, a
10member of the county board may serve on the Emergency
11Telephone System Board. Elected officials, including members
12of a county board, are also eligible to serve on the board.
13Members of the board shall serve without compensation but
14shall be reimbursed for their actual and necessary expenses.
15Any 2 or more municipalities, counties, or combination
16thereof, may, instead of establishing individual boards,
17establish by intergovernmental agreement a Joint Emergency
18Telephone System Board pursuant to this Section. The manner of
19appointment of such a joint board shall be prescribed in the
20agreement. On or after the effective date of this amendatory
21Act of the 100th General Assembly, any new intergovernmental
22agreement entered into to establish or join a Joint Emergency
23Telephone System Board shall provide for the appointment of a
24PSAP representative to the board.
25    Upon the effective date of this amendatory Act of the 98th
26General Assembly, appointed members of the Emergency Telephone

 

 

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1System Board shall serve staggered 3-year terms if: (1) the
2Board serves a county with a population of 100,000 or less; and
3(2) appointments, on the effective date of this amendatory Act
4of the 98th General Assembly, are not for a stated term. The
5corporate authorities of the county or municipality shall
6assign terms to the board members serving on the effective
7date of this amendatory Act of the 98th General Assembly in the
8following manner: (1) one-third of board members' terms shall
9expire on January 1, 2015; (2) one-third of board members'
10terms shall expire on January 1, 2016; and (3) remaining board
11members' terms shall expire on January 1, 2017. Board members
12may be re-appointed upon the expiration of their terms by the
13corporate authorities of the county or municipality.
14    The corporate authorities of a county or municipality may,
15by a vote of the majority of the members elected, remove an
16Emergency Telephone System Board member for misconduct,
17official misconduct, or neglect of office.
18    (b) The powers and duties of the board shall be defined by
19ordinance of the municipality or county, or by
20intergovernmental agreement in the case of a joint board. The
21powers and duties shall include, but need not be limited to the
22following:
23        (1) Planning a 9-1-1 system.
24        (2) Coordinating and supervising the implementation,
25    upgrading, or maintenance of the system, including the
26    establishment of equipment specifications and coding

 

 

HB3702 Engrossed- 44 -LRB102 14080 RLC 21101 b

1    systems.
2        (3) Receiving moneys from the surcharge imposed under
3    Section 15.3, or disbursed to it under Section 30, and
4    from any other source, for deposit into the Emergency
5    Telephone System Fund.
6        (4) Authorizing all disbursements from the fund.
7        (5) Hiring any staff necessary for the implementation
8    or upgrade of the system.
9        (6) (Blank).
10        (7) Designating a 9-1-1 System Manager, whose duties
11    and responsibilities shall be set forth by the Emergency
12    Telephone System Board in writing.
13    (c) All moneys received by a board pursuant to a surcharge
14imposed under Section 15.3, or disbursed to it under Section
1530, shall be deposited into a separate interest-bearing
16Emergency Telephone System Fund account. The treasurer of the
17municipality or county that has established the board or, in
18the case of a joint board, any municipal or county treasurer
19designated in the intergovernmental agreement, shall be
20custodian of the fund. All interest accruing on the fund shall
21remain in the fund. No expenditures may be made from such fund
22except upon the direction of the board by resolution passed by
23a majority of all members of the board.
24    (d) The board shall complete a Master Street Address Guide
25database before implementation of the 9-1-1 system. The error
26ratio of the database shall not at any time exceed 1% of the

 

 

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1total database.
2    (e) On and after January 1, 2016, no municipality or
3county may create an Emergency Telephone System Board unless
4the board is a Joint Emergency Telephone System Board. The
5corporate authorities of any county or municipality entering
6into an intergovernmental agreement to create or join a Joint
7Emergency Telephone System Board shall rescind an ordinance or
8ordinances creating a single Emergency Telephone System Board
9and shall eliminate the single Emergency Telephone System
10Board, effective upon the creation of the Joint Emergency
11Telephone System Board, with regulatory approval by the
12Administrator, or joining of the Joint Emergency Telephone
13System Board. Nothing in this Section shall be construed to
14require the dissolution of an Emergency Telephone System Board
15that is not succeeded by a Joint Emergency Telephone System
16Board or is not required to consolidate under Section 15.4a of
17this Act.
18    (f) Within one year after the effective date of this
19amendatory Act of the 100th General Assembly, any corporate
20authorities of a county or municipality, other than a
21municipality with a population of more than 500,000, operating
22a 9-1-1 system without an Emergency Telephone System Board or
23Joint Emergency Telephone System Board shall create or join a
24Joint Emergency Telephone System Board.
25(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 

 

 

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1    (50 ILCS 750/15.4a)
2    (Section scheduled to be repealed on December 31, 2021)
3    Sec. 15.4a. Consolidation.
4    (a) By July 1, 2017, and except as otherwise provided in
5this Section, Emergency Telephone System Boards, Joint
6Emergency Telephone System Boards, qualified governmental
7entities, and PSAPs shall be consolidated as follows, subject
8to subsections (b) and (c) of this Section:
9        (1) In any county with a population of at least
10    250,000 that has a single Emergency Telephone System
11    Board, or qualified governmental entity and more than 2
12    PSAPs, shall reduce the number of PSAPs by at least 50% or
13    to 2 PSAPs, whichever is greater. Nothing in this
14    paragraph shall preclude consolidation resulting in one
15    PSAP in the county.
16        (2) In any county with a population of at least
17    250,000 that has more than one Emergency Telephone System
18    Board, Joint Emergency Telephone System Board, or
19    qualified governmental entity, any 9-1-1 Authority serving
20    a population of less than 25,000 shall be consolidated
21    such that no 9-1-1 Authority in the county serves a
22    population of less than 25,000.
23        (3) In any county with a population of at least
24    250,000 but less than 1,000,000 that has more than one
25    Emergency Telephone System Board, Joint Emergency
26    Telephone System Board, or qualified governmental entity,

 

 

HB3702 Engrossed- 47 -LRB102 14080 RLC 21101 b

1    each 9-1-1 Authority shall reduce the number of PSAPs by
2    at least 50% or to 2 PSAPs, whichever is greater. Nothing
3    in this paragraph shall preclude consolidation of a 9-1-1
4    Authority into a Joint Emergency Telephone System Board,
5    and nothing in this paragraph shall preclude consolidation
6    resulting in one PSAP in the county.
7        (4) In any county with a population of less than
8    250,000 that has a single Emergency Telephone System Board
9    or qualified governmental entity and more than 2 PSAPs,
10    the 9-1-1 Authority shall reduce the number of PSAPs by at
11    least 50% or to 2 PSAPs, whichever is greater. Nothing in
12    this paragraph shall preclude consolidation resulting in
13    one PSAP in the county.
14        (5) In any county with a population of less than
15    250,000 that has more than one Emergency Telephone System
16    Board or , Joint Emergency Telephone System Board, or
17    qualified governmental entity and more than 2 PSAPS, the
18    9-1-1 Authorities shall be consolidated into a single
19    joint board, and the number of PSAPs shall be reduced by at
20    least 50% or to 2 PSAPs, whichever is greater. Nothing in
21    this paragraph shall preclude consolidation resulting in
22    one PSAP in the county.
23        (6) Any 9-1-1 Authority that does not have a PSAP
24    within its jurisdiction shall be consolidated through an
25    intergovernmental agreement with an existing 9-1-1
26    Authority that has a PSAP to create a Joint Emergency

 

 

HB3702 Engrossed- 48 -LRB102 14080 RLC 21101 b

1    Telephone Board.
2        (7) The corporate authorities of each county that has
3    no 9-1-1 service as of January 1, 2016 shall provide
4    enhanced 9-1-1 wireline and wireless enhanced 9-1-1
5    service for that county by either (i) entering into an
6    intergovernmental agreement with an existing Emergency
7    Telephone System Board to create a new Joint Emergency
8    Telephone System Board, or (ii) entering into an
9    intergovernmental agreement with the corporate authorities
10    that have created an existing Joint Emergency Telephone
11    System Board.
12    (b) By July 1, 2016, each county required to consolidate
13pursuant to paragraph (7) of subsection (a) of this Section
14and each 9-1-1 Authority required to consolidate pursuant to
15paragraphs (1) through (6) of subsection (a) of this Section
16shall file a plan for consolidation or a request for a waiver
17pursuant to subsection (c) of this Section with the Office of
18the Statewide 9-1-1 Administrator.
19        (1) No county or 9-1-1 Authority may avoid the
20    requirements of this Section by converting primary PSAPs
21    to secondary or virtual answering points; however a PSAP
22    may be decommissioned. Staff from decommissioned PSAPs may
23    remain to perform non-emergency police, fire, or ems
24    responsibilities. Any county or 9-1-1 Authority not in
25    compliance with this Section shall be ineligible to
26    receive consolidation grant funds issued under Section

 

 

HB3702 Engrossed- 49 -LRB102 14080 RLC 21101 b

1    15.4b of this Act or monthly disbursements otherwise due
2    under Section 30 of this Act, until the county or 9-1-1
3    Authority is in compliance.
4        (2) Within 60 calendar days of receiving a
5    consolidation plan or waiver, the Statewide 9-1-1 Advisory
6    Board shall hold at least one public hearing on the plan
7    and provide a recommendation to the Administrator. Notice
8    of the hearing shall be provided to the respective entity
9    to which the plan applies.
10        (3) Within 90 calendar days of receiving a
11    consolidation plan, the Administrator shall approve the
12    plan or waiver, approve the plan as modified, or grant a
13    waiver pursuant to subsection (c) of this Section. In
14    making his or her decision, the Administrator shall
15    consider any recommendation from the Statewide 9-1-1
16    Advisory Board regarding the plan. If the Administrator
17    does not follow the recommendation of the Board, the
18    Administrator shall provide a written explanation for the
19    deviation in his or her decision.
20        (4) The deadlines provided in this subsection may be
21    extended upon agreement between the Administrator and
22    entity which submitted the plan.
23    (c) A waiver from a consolidation required under
24subsection (a) of this Section may be granted if the
25Administrator finds that the consolidation will result in a
26substantial threat to public safety, is economically

 

 

HB3702 Engrossed- 50 -LRB102 14080 RLC 21101 b

1unreasonable, or is technically infeasible.
2    (d) Any decision of the Administrator under this Section
3shall be deemed a final administrative decision and shall be
4subject to judicial review under the Administrative Review
5Law.
6(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
7    (50 ILCS 750/15.6)
8    (Section scheduled to be repealed on December 31, 2021)
9    Sec. 15.6. Enhanced 9-1-1 service; business service.
10    (a) After June 30, 2000, or within 18 months after
11enhanced 9-1-1 service becomes available, any entity that
12installs or operates a private business switch service and
13provides telecommunications facilities or services to
14businesses shall assure that the system is connected to the
15public switched network in a manner that calls to 9-1-1 result
16in automatic number and location identification. For buildings
17having their own street address and containing workspace of
1840,000 square feet or less, location identification shall
19include the building's street address. For buildings having
20their own street address and containing workspace of more than
2140,000 square feet, location identification shall include the
22building's street address and one distinct location
23identification per 40,000 square feet of workspace. Separate
24buildings containing workspace of 40,000 square feet or less
25having a common public street address shall have a distinct

 

 

HB3702 Engrossed- 51 -LRB102 14080 RLC 21101 b

1location identification for each building in addition to the
2street address.
3    (b) Exemptions. Buildings containing workspace of more
4than 40,000 square feet are exempt from the multiple location
5identification requirements of subsection (a) if the building
6maintains, at all times, alternative and adequate means of
7signaling and responding to emergencies. Those means shall
8include, but not be limited to, a telephone system that
9provides the physical location of 9-1-1 calls coming from
10within the building. Health care facilities are presumed to
11meet the requirements of this paragraph if the facilities are
12staffed with medical or nursing personnel 24 hours per day and
13if an alternative means of providing information about the
14source of an emergency call exists. Buildings under this
15exemption must provide 9-1-1 service that provides the
16building's street address.
17    Buildings containing workspace of more than 40,000 square
18feet are exempt from subsection (a) if the building maintains,
19at all times, alternative and adequate means of signaling and
20responding to emergencies, including a telephone system that
21provides the location of a 9-1-1 call coming from within the
22building, and the building is serviced by its own medical,
23fire and security personnel. Buildings under this exemption
24are subject to emergency phone system certification by the
25Administrator.
26    Buildings in communities not serviced by enhanced 9-1-1

 

 

HB3702 Engrossed- 52 -LRB102 14080 RLC 21101 b

1service are exempt from subsection (a).
2    Correctional institutions and facilities, as defined in
3subsection (d) of Section 3-1-2 of the Unified Code of
4Corrections, are exempt from subsection (a).
5    (c) This Act does not apply to any PBX telephone extension
6that uses radio transmissions to convey electrical signals
7directly between the telephone extension and the serving PBX.
8    (d) An entity that violates this Section is guilty of a
9business offense and shall be fined not less than $1,000 and
10not more than $5,000.
11    (e) Nothing in this Section shall be construed to preclude
12the Attorney General on behalf of the Department or on his or
13her own initiative, or any other interested person, from
14seeking judicial relief, by mandamus, injunction, or
15otherwise, to compel compliance with this Section.
16    (f) The Department may promulgate rules for the
17administration of this Section.
18(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
19    (50 ILCS 750/15.6a)
20    (Section scheduled to be repealed on December 31, 2021)
21    Sec. 15.6a. Wireless emergency 9-1-1 service.
22    (a) The digits "9-1-1" shall be the designated emergency
23telephone number within the wireless system.
24    (b) The Department may set non-discriminatory and uniform
25technical and operational standards consistent with the rules

 

 

HB3702 Engrossed- 53 -LRB102 14080 RLC 21101 b

1of the Federal Communications Commission for directing calls
2to authorized public safety answering points. These standards
3shall not in any way prescribe the technology or manner a
4wireless carrier shall use to deliver wireless 9-1-1 or
5wireless E9-1-1 calls, and these standards shall not exceed
6the requirements set by the Federal Communications Commission;
7however, standards for directing calls to the authorized
8public safety answering point shall be included. The authority
9given to the Department in this Section is limited to setting
10standards as set forth herein and does not constitute
11authority to regulate wireless carriers.
12    (c) For the purpose of providing wireless 9-1-1 emergency
13services, an emergency telephone system board or, in the
14absence of an emergency telephone system board, a qualified
15governmental entity, may declare its intention for one or more
16of its public safety answering points to serve as a primary
17wireless 9-1-1 public safety answering point for its
18jurisdiction by notifying the Administrator in writing within
196 months after receiving its authority to operate a 9-1-1
20system under this Act. In addition, 2 or more emergency
21telephone system boards or qualified governmental entities
22may, by virtue of an intergovernmental agreement, provide
23wireless 9-1-1 service. Until the jurisdiction comes into
24compliance with Section 15.4a of this Act, the Department of
25State Police shall be the primary wireless 9-1-1 public safety
26answering point for any jurisdiction that did not provide

 

 

HB3702 Engrossed- 54 -LRB102 14080 RLC 21101 b

1notice to the Illinois Commerce Commission and the Department
2prior to January 1, 2016.
3    (d) The Administrator, upon a request from a qualified
4governmental entity or an emergency telephone system board and
5with the advice and recommendation of the Statewide 9-1-1
6Advisory Board, may grant authority to the emergency telephone
7system board or a qualified governmental entity to provide
8wireless 9-1-1 service in areas for which the Department has
9accepted wireless 9-1-1 responsibility. The Administrator
10shall maintain a current list of all 9-1-1 systems and
11qualified governmental entities providing wireless 9-1-1
12service under this Act.
13(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
14    (50 ILCS 750/15.6b)
15    (Section scheduled to be repealed on December 31, 2021)
16    Sec. 15.6b. Next Generation 9-1-1 service.
17    (a) The Administrator, with the advice and recommendation
18of the Statewide 9-1-1 Advisory Board, shall develop and
19implement a plan for a statewide Next Generation 9-1-1
20network. The Next Generation 9-1-1 network must be an Internet
21protocol-based platform that at a minimum provides:
22        (1) improved 9-1-1 call delivery;
23        (2) enhanced interoperability;
24        (3) increased ease of communication between 9-1-1
25    service providers, allowing immediate transfer of 9-1-1

 

 

HB3702 Engrossed- 55 -LRB102 14080 RLC 21101 b

1    calls, caller information, photos, and other data
2    statewide;
3        (4) a hosted solution with redundancy built in; and
4        (5) compliance with the most current NENA Standards i3
5    Solution 08-003.
6    (b) By July 1, 2016, the Administrator, with the advice
7and recommendation of the Statewide 9-1-1 Advisory Board,
8shall design and issue a competitive request for a proposal to
9secure the services of a consultant to complete a feasibility
10study on the implementation of a statewide Next Generation
119-1-1 network in Illinois. By July 1, 2017, the consultant
12shall complete the feasibility study and make recommendations
13as to the appropriate procurement approach for developing a
14statewide Next Generation 9-1-1 network.
15    (c) Within 12 months of the final report from the
16consultant under subsection (b) of this Section, the
17Department shall procure and finalize a contract with a vendor
18certified under Section 13-900 of the Public Utilities Act to
19establish a statewide Next Generation 9-1-1 network. The
20Illinois State Police, in consultation with and subject to the
21approval of the Chief Procurement Officer, may procure a
22single contract or multiple contracts to implement the
23provisions of this Section. A contract or contracts under this
24subsection are not subject to the provisions of the Illinois
25Procurement Code, except for Sections 20-60, 20-65, 20-70, and
2620-160 and Article 50 of that Code, provided that the Chief

 

 

HB3702 Engrossed- 56 -LRB102 14080 RLC 21101 b

1Procurement Officer may, in writing with justification, waive
2any certification required under Article 50 of the Illinois
3Procurement Code. This exemption is inoperative 2 years from
4the effective date of this Amendatory Act of the 102nd General
5Assembly. Within 18 months of securing the contract By July 1,
62021, the vendor shall implement a Next Generation 9-1-1
7network that allows 9-1-1 systems providing 9-1-1 service to
8Illinois residents to access the system utilizing their
9current infrastructure if it meets the standards adopted by
10the Department.
11(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
12    (50 ILCS 750/17.5)
13    (Section scheduled to be repealed on December 31, 2021)
14    Sec. 17.5. Statewide 9-1-1 Call Directory call transfer,
15forward, or relay.
16    (a) The General Assembly finds the following:
17        (1) Some 9-1-1 systems throughout this State do not
18    have a procedure in place to manually transfer, forward,
19    or relay 9-1-1 calls originating within one 9-1-1 system's
20    jurisdiction, but which should properly be answered and
21    dispatched by another 9-1-1 system, to the appropriate
22    9-1-1 system for answering and dispatch of first
23    responders.
24        (2) On January 1, 2016, the General Assembly gave
25    oversight authority of 9-1-1 systems to the Department of

 

 

HB3702 Engrossed- 57 -LRB102 14080 RLC 21101 b

1    State Police.
2        (3) Since that date, the Department of State Police
3    has authorized individual 9-1-1 systems in counties and
4    municipalities to implement and upgrade enhanced 9-1-1
5    systems throughout the State.
6    (b) The Department shall prepare a directory of all
7authorized 9-1-1 systems in the State. The directory shall
8include an emergency 24/7 10-digit telephone number for all
9primary public safety answering points located in each 9-1-1
10system to which 9-1-1 calls from another jurisdiction can be
11transferred. This directory shall be made available to each
129-1-1 authority for its use in establishing standard operating
13procedures regarding calls outside its 9-1-1 jurisdiction.
14    (c) Each 9-1-1 system shall provide the Department with
15the following information:
16        (1) The name of the PSAP, a list of every
17    participating agency, and the county the PSAP is in,
18    including college and university public safety entities.
19        (2) The 24/7 10-digit emergency telephone number and
20    email address for the dispatch agency to which 9-1-1 calls
21    originating in another 9-1-1 jurisdiction can be
22    transferred or by which the PSAP can be contacted via
23    email to exchange information. The emergency telephone
24    number must be a direct line that is not answered by an
25    automated system but rather is answered by a person. Each
26    9-1-1 system shall provide the Department with any changes

 

 

HB3702 Engrossed- 58 -LRB102 14080 RLC 21101 b

1    to the participating agencies and this number and email
2    address immediately upon the change occurring. Each 9-1-1
3    system shall provide the PSAP information and , the 24/7
4    10-digit emergency telephone number and email address to
5    the Manager of the Department's 9-1-1 Program within 30
6    days of the effective date of this amendatory Act of the
7    102nd 100th General Assembly.
8        (3) The standard operating procedure describing the
9    manner in which the 9-1-1 system will transfer, forward,
10    or relay 9-1-1 calls originating within its jurisdiction,
11    but which should properly be answered and dispatched by
12    another 9-1-1 system, to the appropriate 9-1-1 system.
13    Each 9-1-1 system shall provide the standard operating
14    procedures to the Manager of the Department's 9-1-1
15    Program within 180 days after the effective date of this
16    amendatory Act of the 100th General Assembly.
17    (d) Unless exigent circumstances dictate otherwise, each
189-1-1 system's public safety telecommunicators shall be
19responsible for remaining on the line with the caller when a
209-1-1 call originates within its jurisdiction to ensure the
219-1-1 call is transferred to the appropriate authorized entity
22for answer and dispatch until a public safety telecommunicator
23is on the line and confirms jurisdiction for the call.
24(Source: P.A. 100-20, eff. 7-1-17.)
 
25    (50 ILCS 750/19)

 

 

HB3702 Engrossed- 59 -LRB102 14080 RLC 21101 b

1    (Section scheduled to be repealed on December 31, 2021)
2    Sec. 19. Statewide 9-1-1 Advisory Board.
3    (a) Beginning July 1, 2015, there is created the Statewide
49-1-1 Advisory Board within the Department of State Police.
5The Board shall consist of the following 11 voting members:
6        (1) The Director of the State Police, or his or her
7    designee, who shall serve as chairman.
8        (2) The Executive Director of the Commission, or his
9    or her designee.
10        (3) Nine members appointed by the Governor as follows:
11            (A) one member representing the Illinois chapter
12        of the National Emergency Number Association, or his
13        or her designee;
14            (B) one member representing the Illinois chapter
15        of the Association of Public-Safety Communications
16        Officials, or his or her designee;
17            (C) one member representing a county or 9-1-1
18        Authority system from a county with a population of
19        less than 37,000 50,000;
20            (C-5) one member representing a county or 9-1-1
21        Authority with a population between 37,000 and
22        100,000;
23            (D) one member representing a county or 9-1-1
24        Authority system from a county with a population
25        between 100,000 50,000 and 250,000;
26            (E) one member representing a county or 9-1-1

 

 

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1        Authority system from a county with a population of
2        more than 250,000;
3            (F) (blank) one member representing a municipality
4        with a population of less than 500,000 in a county with
5        a population in excess of 2,000,000;
6            (G) one member representing the Illinois
7        Association of Chiefs of Police;
8            (H) one member representing the Illinois Sheriffs'
9        Association; and
10            (I) one member representing the Illinois Fire
11        Chiefs Association.
12    The Governor shall appoint the following non-voting
13members: (i) one member representing an incumbent local
14exchange 9-1-1 system provider; (ii) one member representing a
15non-incumbent local exchange 9-1-1 system provider; (iii) one
16member representing a large wireless carrier; (iv) one member
17representing an incumbent local exchange carrier; (v) one
18member representing the Illinois Broadband and
19Telecommunications Association; (vi) one member representing
20the Illinois Broadband and Cable Television and Communication
21Association of Illinois; and (vii) one member representing the
22Illinois State Ambulance Association. The Speaker of the House
23of Representatives, the Minority Leader of the House of
24Representatives, the President of the Senate, and the Minority
25Leader of the Senate may each appoint a member of the General
26Assembly to temporarily serve as a non-voting member of the

 

 

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1Board during the 12 months prior to the repeal date of this Act
2to discuss legislative initiatives of the Board.
3    (b) The Governor shall make initial appointments to the
4Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
5voting members appointed by the Governor shall serve an
6initial term of 2 years, and the remaining voting members
7appointed by the Governor shall serve an initial term of 3
8years. Thereafter, each appointment by the Governor shall be
9for a term of 3 years. Non-voting members shall serve for a
10term of 3 years. Vacancies shall be filled in the same manner
11as the original appointment. Persons appointed to fill a
12vacancy shall serve for the balance of the unexpired term.
13    Members of the Statewide 9-1-1 Advisory Board shall serve
14without compensation.
15    (c) The 9-1-1 Services Advisory Board, as constituted on
16June 1, 2015 without the legislative members, shall serve in
17the role of the Statewide 9-1-1 Advisory Board until all
18appointments of voting members have been made by the Governor
19under subsection (a) of this Section.
20    (d) The Statewide 9-1-1 Advisory Board shall:
21        (1) advise the Department of State Police and the
22    Statewide 9-1-1 Administrator on the oversight of 9-1-1
23    systems and the development and implementation of a
24    uniform statewide 9-1-1 system;
25        (2) make recommendations to the Governor and the
26    General Assembly regarding improvements to 9-1-1 services

 

 

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1    throughout the State; and
2        (3) exercise all other powers and duties provided in
3    this Act.
4    (e) The Statewide 9-1-1 Advisory Board shall submit to the
5General Assembly a report by March 1 of each year providing an
6update on the transition to a statewide 9-1-1 system and
7recommending any legislative action.
8    (f) The Department of State Police shall provide
9administrative support to the Statewide 9-1-1 Advisory Board.
10(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
11    (50 ILCS 750/20)
12    (Section scheduled to be repealed on December 31, 2021)
13    Sec. 20. Statewide surcharge.
14    (a) On and after January 1, 2016, and except with respect
15to those customers who are subject to surcharges as provided
16in Sections 15.3 and 15.3a of this Act, a monthly surcharge
17shall be imposed on all customers of telecommunications
18carriers and wireless carriers as follows:
19        (1) Each telecommunications carrier shall impose a
20    monthly surcharge per network connection; provided,
21    however, the monthly surcharge shall not apply to a
22    network connection provided for use with pay telephone
23    services. Where multiple voice grade communications
24    channels are connected between the subscriber's premises
25    and a public switched network through private branch

 

 

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1    exchange (PBX), Centrex centrex type service, or other
2    multiple voice grade communication channels facility,
3    there shall be imposed 5 such surcharges per network
4    connection for both regular service and advanced service
5    provisioned trunk lines. Until December 31, 2017, the
6    surcharge shall be $0.87 per network connection and on and
7    after January 1, 2018, the surcharge shall be $1.50 per
8    network connection.
9        (2) Each wireless carrier shall impose and collect a
10    monthly surcharge per CMRS connection that either has a
11    telephone number within an area code assigned to Illinois
12    by the North American Numbering Plan Administrator or has
13    a billing address in this State. Until December 31, 2017,
14    the surcharge shall be $0.87 per connection and on and
15    after January 1, 2018, the surcharge shall be $1.50 per
16    connection.
17    (b) State and local taxes shall not apply to the
18surcharges imposed under this Section.
19    (c) The surcharges imposed by this Section shall be stated
20as a separately stated item on subscriber bills.
21    (d) The telecommunications carrier collecting the
22surcharge may deduct and retain 1.74% an amount not to exceed
233% of the gross amount of surcharge collected to reimburse the
24telecommunications carrier for the expense of accounting and
25collecting the surcharge. On and after July 1, 2022, the
26wireless carrier collecting a surcharge under this Section may

 

 

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1deduct and retain 1.74% an amount not to exceed 3% of the gross
2amount of the surcharge collected to reimburse the wireless
3carrier for the expense of accounting and collecting the
4surcharge.
5    (d-5) Notwithstanding the provisions of subsection (d) of
6this Section, an amount not greater than 2.5% may be deducted
7and retained if the telecommunications or wireless carrier can
8support through documentation, expenses that exceed the 1.74%
9allowed. The documentation shall be submitted to the Illinois
10State Police and input obtained from the Statewide 9-1-1
11Advisory Board prior to approval of the deduction.
12    (e) Surcharges imposed under this Section shall be
13collected by the carriers and shall be remitted to the
14Department, either by check or electronic funds transfer, by
15the end of the next calendar month after the calendar month in
16which it was collected for deposit into the Statewide 9-1-1
17Fund. Carriers are not required to remit surcharge moneys that
18are billed to subscribers but not yet collected.
19    The first remittance by wireless carriers shall include
20the number of subscribers by zip code, and the 9-digit zip code
21if currently being used or later implemented by the carrier,
22that shall be the means by which the Department shall
23determine distributions from the Statewide 9-1-1 Fund. This
24information shall be updated at least once each year. Any
25carrier that fails to provide the zip code information
26required under this subsection (e) shall be subject to the

 

 

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

 

 

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1of:
2        (1) $25 for each month or portion of a month that the
3    report is delinquent; or
4        (2) an amount equal to the product of $0.01 and the
5    number of subscribers served by the carrier for each month
6    or portion of a month that the delinquent report is not
7    provided.
8    A penalty imposed in accordance with this subsection (g)
9for a portion of a month during which the carrier provides the
10number of subscribers by zip code as required under subsection
11(e) of this Section shall be prorated for each day of that
12month during which the carrier had not provided the number of
13subscribers by zip code as required under subsection (e) of
14this Section. Any penalty imposed under this subsection (g) is
15in addition to any other penalty imposed under this Section.
16    (h) A penalty imposed and collected in accordance with
17subsection (f) or (g) of this Section shall be deposited into
18the Statewide 9-1-1 Fund for distribution according to Section
1930 of this Act.
20    (i) The Department may enforce the collection of any
21delinquent amount and any penalty due and unpaid under this
22Section by legal action or in any other manner by which the
23collection of debts due the State of Illinois may be enforced
24under the laws of this State. The Department may excuse the
25payment of any penalty imposed under this Section if the
26Administrator determines that the enforcement of this penalty

 

 

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1is unjust.
2    (j) Notwithstanding any provision of law to the contrary,
3nothing shall impair the right of wireless carriers to recover
4compliance costs for all emergency communications services
5that are not reimbursed out of the Wireless Carrier
6Reimbursement Fund directly from their wireless subscribers by
7line-item charges on the wireless subscriber's bill. Those
8compliance costs include all costs incurred by wireless
9carriers in complying with local, State, and federal
10regulatory or legislative mandates that require the
11transmission and receipt of emergency communications to and
12from the general public, including, but not limited to,
13E9-1-1.
14(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
15    (50 ILCS 750/30)
16    (Section scheduled to be repealed on December 31, 2021)
17    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
18    (a) A special fund in the State treasury known as the
19Wireless Service Emergency Fund shall be renamed the Statewide
209-1-1 Fund. Any appropriations made from the Wireless Service
21Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
22The Fund shall consist of the following:
23        (1) 9-1-1 wireless surcharges assessed under the
24    Wireless Emergency Telephone Safety Act.
25        (2) 9-1-1 surcharges assessed under Section 20 of this

 

 

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1    Act.
2        (3) Prepaid wireless 9-1-1 surcharges assessed under
3    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
4        (4) Any appropriations, grants, or gifts made to the
5    Fund.
6        (5) Any income from interest, premiums, gains, or
7    other earnings on moneys in the Fund.
8        (6) Money from any other source that is deposited in
9    or transferred to the Fund.
10    (b) Subject to appropriation and availability of funds,
11the Department shall distribute the 9-1-1 surcharges monthly
12as follows:
13        (1) From each surcharge collected and remitted under
14    Section 20 of this Act:
15            (A) $0.013 shall be distributed monthly in equal
16        amounts to each County Emergency Telephone System
17        Board or qualified governmental entity in counties
18        with a population under 100,000 according to the most
19        recent census data which is authorized to serve as a
20        primary wireless 9-1-1 public safety answering point
21        for the county and to provide wireless 9-1-1 service
22        as prescribed by subsection (b) of Section 15.6a of
23        this Act, and which does provide such service.
24            (B) $0.033 shall be transferred by the Comptroller
25        at the direction of the Department to the Wireless
26        Carrier Reimbursement Fund until June 30, 2017; from

 

 

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1        July 1, 2017 through June 30, 2018, $0.026 shall be
2        transferred; from July 1, 2018 through June 30, 2019,
3        $0.020 shall be transferred; from July 1, 2019,
4        through June 30, 2020, $0.013 shall be transferred;
5        from July 1, 2020 through June 30, 2021, $0.007 will be
6        transferred; and after June 30, 2021, no transfer
7        shall be made to the Wireless Carrier Reimbursement
8        Fund.
9            (C) Until December 31, 2017, $0.007 and on and
10        after January 1, 2018, $0.017 shall be used to cover
11        the Department's administrative costs.
12            (D) Beginning January 1, 2018, until June 30,
13        2020, $0.12, and on and after July 1, 2020, $0.04 shall
14        be used to make monthly proportional grants to the
15        appropriate 9-1-1 Authority currently taking wireless
16        9-1-1 based upon the United States Postal Zip Code of
17        the billing addresses of subscribers wireless
18        carriers.
19            (E) Until June 30, 2023 2021, $0.05 shall be used
20        by the Department for grants for NG9-1-1 expenses,
21        with priority given to 9-1-1 Authorities that provide
22        9-1-1 service within the territory of a Large Electing
23        Provider as defined in Section 13-406.1 of the Public
24        Utilities Act.
25            (F) On and after July 1, 2020, $0.13 shall be used
26        for the implementation of and continuing expenses for

 

 

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1        the Statewide NG9-1-1 system.
2        (2) After disbursements under paragraph (1) of this
3    subsection (b), all remaining funds in the Statewide 9-1-1
4    Fund shall be disbursed in the following priority order:
5            (A) The Fund shall pay monthly to:
6                (i) the 9-1-1 Authorities that imposed
7            surcharges under Section 15.3 of this Act and were
8            required to report to the Illinois Commerce
9            Commission under Section 27 of the Wireless
10            Emergency Telephone Safety Act on October 1, 2014,
11            except a 9-1-1 Authority in a municipality with a
12            population in excess of 500,000, an amount equal
13            to the average monthly wireline and VoIP surcharge
14            revenue attributable to the most recent 12-month
15            period reported to the Department under that
16            Section for the October 1, 2014 filing, subject to
17            the power of the Department to investigate the
18            amount reported and adjust the number by order
19            under Article X of the Public Utilities Act, so
20            that the monthly amount paid under this item
21            accurately reflects one-twelfth of the aggregate
22            wireline and VoIP surcharge revenue properly
23            attributable to the most recent 12-month period
24            reported to the Commission; or
25                (ii) county qualified governmental entities
26            that did not impose a surcharge under Section 15.3

 

 

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1            as of December 31, 2015, and counties that did not
2            impose a surcharge as of June 30, 2015, an amount
3            equivalent to their population multiplied by .37
4            multiplied by the rate of $0.69; counties that are
5            not county qualified governmental entities and
6            that did not impose a surcharge as of December 31,
7            2015, shall not begin to receive the payment
8            provided for in this subsection until E9-1-1 and
9            wireless E9-1-1 services are provided within their
10            counties; or
11                (iii) counties without 9-1-1 service that had
12            a surcharge in place by December 31, 2015, an
13            amount equivalent to their population multiplied
14            by .37 multiplied by their surcharge rate as
15            established by the referendum.
16            (B) All 9-1-1 network costs for systems outside of
17        municipalities with a population of at least 500,000
18        shall be paid by the Department directly to the
19        vendors.
20            (C) All expenses incurred by the Administrator and
21        the Statewide 9-1-1 Advisory Board and costs
22        associated with procurement under Section 15.6b
23        including requests for information and requests for
24        proposals.
25            (D) Funds may be held in reserve by the Statewide
26        9-1-1 Advisory Board and disbursed by the Department

 

 

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1        for grants under Section 15.4b of this Act and for
2        NG9-1-1 expenses up to $12.5 million per year in State
3        fiscal years 2016 and 2017; up to $20 million in State
4        fiscal year 2018; up to $20.9 million in State fiscal
5        year 2019; up to $15.3 million in State fiscal year
6        2020; up to $16.2 million in State fiscal year 2021; up
7        to $23.1 million in State fiscal year 2022; and up to
8        $17.0 million per year for State fiscal year 2023 and
9        each year thereafter. The amount held in reserve in
10        State fiscal years 2021, 2022, and 2023 2018 and 2019
11        shall not be less than $6.5 million. Disbursements
12        under this subparagraph (D) shall be prioritized as
13        follows: (i) consolidation grants prioritized under
14        subsection (a) of Section 15.4b of this Act; (ii)
15        NG9-1-1 expenses; and (iii) consolidation grants under
16        Section 15.4b of this Act for consolidation expenses
17        incurred between January 1, 2010, and January 1, 2016.
18            (E) All remaining funds per remit month shall be
19        used to make monthly proportional grants to the
20        appropriate 9-1-1 Authority currently taking wireless
21        9-1-1 based upon the United States Postal Zip Code of
22        the billing addresses of subscribers of wireless
23        carriers.
24    (c) The moneys deposited into the Statewide 9-1-1 Fund
25under this Section shall not be subject to administrative
26charges or chargebacks unless otherwise authorized by this

 

 

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1Act.
2    (d) Whenever two or more 9-1-1 Authorities consolidate,
3the resulting Joint Emergency Telephone System Board shall be
4entitled to the monthly payments that had theretofore been
5made to each consolidating 9-1-1 Authority. Any reserves held
6by any consolidating 9-1-1 Authority shall be transferred to
7the resulting Joint Emergency Telephone System Board. Whenever
8a county that has no 9-1-1 service as of January 1, 2016 enters
9into an agreement to consolidate to create or join a Joint
10Emergency Telephone System Board, the Joint Emergency
11Telephone System Board shall be entitled to the monthly
12payments that would have otherwise been paid to the county if
13it had provided 9-1-1 service.
14(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
15    (50 ILCS 750/40)
16    (Section scheduled to be repealed on December 31, 2021)
17    Sec. 40. Financial reports.
18    (a) The Department shall create uniform accounting
19procedures, with such modification as may be required to give
20effect to statutory provisions applicable only to
21municipalities with a population in excess of 500,000, that
22any emergency telephone system board, qualified governmental
23entity, or unit of local government receiving surcharge money
24pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
25    (b) By January 31, 2018, and every January 31 thereafter,

 

 

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1each emergency telephone system board, qualified governmental
2entity, or unit of local government receiving surcharge money
3pursuant to Section 15.3, 15.3a, or 30 shall report to the
4Department audited financial statements showing total revenue
5and expenditures for the period beginning with the end of the
6period covered by the last submitted report through the end of
7the previous calendar year in a form and manner as prescribed
8by the Department. Such financial information shall include:
9        (1) a detailed summary of revenue from all sources
10    including, but not limited to, local, State, federal, and
11    private revenues, and any other funds received;
12        (2) all expenditures made during the reporting period
13    from distributions under this Act;
14        (3) call data and statistics, when available, from the
15    reporting period, as specified by the Department and
16    collected in accordance with any reporting method
17    established or required by the Department;
18        (4) all costs associated with dispatching appropriate
19    public safety agencies to respond to 9-1-1 calls received
20    by the PSAP; and
21        (5) all funding sources and amounts of funding used
22    for costs described in paragraph (4) of this subsection
23    (b).
24    The emergency telephone system board, qualified
25governmental entity, or unit of local government is
26responsible for any costs associated with auditing such

 

 

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1financial statements. The Department shall post the audited
2financial statements on the Department's website.
3    (c) Along with its audited financial statement, each
4emergency telephone system board, qualified governmental
5entity, or unit of local government receiving a grant under
6Section 15.4b of this Act shall include a report of the amount
7of grant moneys received and how the grant moneys were used. In
8case of a conflict between this requirement and the Grant
9Accountability and Transparency Act, or with the rules of the
10Governor's Office of Management and Budget adopted thereunder,
11that Act and those rules shall control.
12    (d) If an emergency telephone system board or qualified
13governmental entity that receives funds from the Statewide
149-1-1 Fund fails to file the 9-1-1 system financial reports as
15required under this Section, the Department shall suspend and
16withhold monthly disbursements otherwise due to the emergency
17telephone system board or qualified governmental entity under
18Section 30 of this Act until the report is filed.
19    Any monthly disbursements that have been withheld for 12
20months or more shall be forfeited by the emergency telephone
21system board or qualified governmental entity and shall be
22distributed proportionally by the Department to compliant
23emergency telephone system boards and qualified governmental
24entities that receive funds from the Statewide 9-1-1 Fund.
25    Any emergency telephone system board or qualified
26governmental entity not in compliance with this Section shall

 

 

HB3702 Engrossed- 76 -LRB102 14080 RLC 21101 b

1be ineligible to receive any consolidation grant or
2infrastructure grant issued under this Act.
3    (e) The Department may adopt emergency rules necessary to
4implement the provisions of this Section.
5    (f) Any findings or decisions of the Department under this
6Section shall be deemed a final administrative decision and
7shall be subject to judicial review under the Administrative
8Review Law.
9    (g) Beginning October 1, 2017, the Department shall
10provide a quarterly report to the Statewide 9-1-1 Advisory
11Board of its expenditures from the Statewide 9-1-1 Fund for
12the prior fiscal quarter.
13(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
14    (50 ILCS 750/45)
15    (Section scheduled to be repealed on December 31, 2021)
16    Sec. 45. Wireless Carrier Reimbursement Fund.
17    (a) A special fund in the State treasury known as the
18Wireless Carrier Reimbursement Fund, which was created
19previously under Section 30 of the Wireless Emergency
20Telephone Safety Act, shall continue in existence without
21interruption notwithstanding the repeal of that Act. Moneys in
22the Wireless Carrier Reimbursement Fund may be used, subject
23to appropriation, only (i) to reimburse wireless carriers for
24all of their costs incurred in complying with the applicable
25provisions of Federal Communications Commission wireless

 

 

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1enhanced 9-1-1 service mandates, and (ii) to pay the
2reasonable and necessary costs of the Illinois Commerce
3Commission in exercising its rights, duties, powers, and
4functions under this Act. This reimbursement to wireless
5carriers may include, but need not be limited to, the cost of
6designing, upgrading, purchasing, leasing, programming,
7installing, testing, and maintaining necessary data, hardware,
8and software and associated operating and administrative costs
9and overhead.
10    (b) To recover costs from the Wireless Carrier
11Reimbursement Fund, the wireless carrier shall submit sworn
12invoices to the Illinois Commerce Commission. In no event may
13any invoice for payment be approved for (i) costs that are not
14related to compliance with the requirements established by the
15wireless enhanced 9-1-1 mandates of the Federal Communications
16Commission, or (ii) costs with respect to any wireless
17enhanced 9-1-1 service that is not operable at the time the
18invoice is submitted.
19    (c) If in any month the total amount of invoices submitted
20to the Illinois Commerce Commission and approved for payment
21exceeds the amount available in the Wireless Carrier
22Reimbursement Fund, wireless carriers that have invoices
23approved for payment shall receive a pro-rata share of the
24amount available in the Wireless Carrier Reimbursement Fund
25based on the relative amount of their approved invoices
26available that month, and the balance of the payments shall be

 

 

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1carried into the following months until all of the approved
2payments are made.
3    (d) A wireless carrier may not receive payment from the
4Wireless Carrier Reimbursement Fund for its costs of providing
5wireless enhanced 9-1-1 services in an area when a unit of
6local government or emergency telephone system board provides
7wireless 9-1-1 services in that area and was imposing and
8collecting a wireless carrier surcharge prior to July 1, 1998.
9    (e) The Illinois Commerce Commission shall maintain
10detailed records of all receipts and disbursements and shall
11provide an annual accounting of all receipts and disbursements
12to the Auditor General.
13    (f) The Illinois Commerce Commission must annually review
14the balance in the Wireless Carrier Reimbursement Fund as of
15June 30 of each year and shall direct the Comptroller to
16transfer into the Statewide 9-1-1 Fund for distribution in
17accordance with subsection (b) of Section 30 of this Act any
18amount in excess of outstanding invoices as of June 30 of each
19year.
20    (g) The Illinois Commerce Commission shall adopt rules to
21govern the reimbursement process.
22(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
23    (50 ILCS 750/99)
24    (Section scheduled to be repealed on December 31, 2021)
25    Sec. 99. Repealer. This Act is repealed on December 31,

 

 

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12023 2021.
2(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
3    (50 ILCS 750/9 rep.)
4    (50 ILCS 750/13 rep.)
5    (50 ILCS 750/17 rep.)
6    Section 10. The Emergency Telephone System Act is amended
7by repealing Sections 9, 13, and 17.
 
8    Section 15. The Department of State Police Law of the
9Civil Administrative Code of Illinois is amended by changing
10Section 2605-53 as follows:
 
11    (20 ILCS 2605/2605-53)
12    Sec. 2605-53. 9-1-1 system; sexual assault and sexual
13abuse.
14    (a) The Office of the Statewide 9-1-1 Administrator, in
15consultation with the Office of the Attorney General and the
16Illinois Law Enforcement Training Standards Board, shall:
17        (1) develop comprehensive guidelines for
18    evidence-based, trauma-informed, victim-centered handling
19    of sexual assault or sexual abuse calls by Public Safety
20    Answering Point tele-communicators; and
21        (2) adopt rules and minimum standards for an
22    evidence-based, trauma-informed, victim-centered training
23    curriculum for handling of sexual assault or sexual abuse

 

 

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1    calls for Public Safety Answering Point tele-communicators
2    ("PSAP").
3    (a-5) Within one year after the effective date of this
4amendatory Act of the 102nd General Assembly, the Office of
5the Statewide 9-1-1 Administrator, in consultation with the
6Statewide 9-1-1 Advisory Board, shall:
7        (1) develop comprehensive guidelines for training on
8    emergency dispatch procedures, including but not limited
9    to emergency medical dispatch, and the delivery of 9-1-1
10    services and professionalism for public safety
11    telecommunicators and public safety telecommunicator
12    supervisors; and
13        (2) adopt rules and minimum standards for continuing
14    education on emergency dispatch procedures, including but
15    not limited to emergency medical dispatch, and the
16    delivery of 9-1-1 services and professionalism for public
17    safety telecommunicators and public safety
18    telecommunicator Supervisors; and
19    (a-10) The Office of the Statewide 9-1-1 Administrator may
20as necessary establish by rule appropriate testing and
21certification processes consistent with the training required
22by this Section.
23    (b) Training requirements:
24        (1) Newly hired PSAP tele-communicators must complete
25    the sexual assault and sexual abuse training curriculum
26    established in subsection (a) of this Section prior to

 

 

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1    handling emergency calls.
2        (2) All existing PSAP tele-communicators shall
3    complete the sexual assault and sexual abuse training
4    curriculum established in subsection (a) of this Section
5    within 2 years of the effective date of this amendatory
6    Act of the 99th General Assembly.
7        (3) Newly hired public safety telecommunicators shall
8    complete the emergency dispatch procedures training
9    curriculum established in subsection (a-5) of this Section
10    prior to independently handling emergency calls within one
11    year of the Statewide 9-1-1 Administrator establishing the
12    required guidelines, rules, and standards.
13        (4) All public safety telecommunicators and public
14    safety telecommunicator supervisors who were not required
15    to complete new hire training prior to handling emergency
16    calls, must either demonstrate proficiency or complete the
17    training established in subsection (a-5) of this Section
18    within one year of the Statewide 9-1-1 Administrator
19    establishing the required guidelines, rules, and
20    standards.
21        (5) Upon completion of the training required in either
22    paragraph (3) or (4) of subsection (b) whichever is
23    applicable, all public safety telecommunicators and public
24    safety telecommunicator supervisors shall complete the
25    continuing education training regarding the delivery of
26    9-1-1 services and professionalism biennially.

 

 

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1    (c) The Illinois State Police may adopt rules for the
2administration of this Section.
3(Source: P.A. 99-801, eff. 1-1-17.)
 
4    Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
5amended by changing Section 15 as follows:
 
6    (50 ILCS 753/15)
7    Sec. 15. Prepaid wireless 9-1-1 surcharge.
8    (a) Until September 30, 2015, there is hereby imposed on
9consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
10retail transaction. Beginning October 1, 2015, the prepaid
11wireless 9-1-1 surcharge shall be 3% per retail transaction.
12The surcharge authorized by this subsection (a) does not apply
13in a home rule municipality having a population in excess of
14500,000.
15    (a-5) On or after the effective date of this amendatory
16Act of the 98th General Assembly and until December 31, 2023
172020, a home rule municipality having a population in excess
18of 500,000 on the effective date of this amendatory Act may
19impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
20retail transaction sourced to that jurisdiction and collected
21and remitted in accordance with the provisions of subsection
22(b-5) of this Section. On or after January 1, 2021, a home rule
23municipality having a population in excess of 500,000 on the
24effective date of this Act may only impose a prepaid wireless

 

 

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19-1-1 surcharge not to exceed 7% per retail transaction
2sourced to that jurisdiction and collected and remitted in
3accordance with the provisions of subsection (b-5).
4    (b) The prepaid wireless 9-1-1 surcharge shall be
5collected by the seller from the consumer with respect to each
6retail transaction occurring in this State and shall be
7remitted to the Department by the seller as provided in this
8Act. The amount of the prepaid wireless 9-1-1 surcharge shall
9be separately stated as a distinct item apart from the charge
10for the prepaid wireless telecommunications service on an
11invoice, receipt, or other similar document that is provided
12to the consumer by the seller or shall be otherwise disclosed
13to the consumer. If the seller does not separately state the
14surcharge as a distinct item to the consumer as provided in
15this Section, then the seller shall maintain books and records
16as required by this Act which clearly identify the amount of
17the 9-1-1 surcharge for retail transactions.
18    For purposes of this subsection (b), a retail transaction
19occurs in this State if (i) the retail transaction is made in
20person by a consumer at the seller's business location and the
21business is located within the State; (ii) the seller is a
22provider and sells prepaid wireless telecommunications service
23to a consumer located in Illinois; (iii) the retail
24transaction is treated as occurring in this State for purposes
25of the Retailers' Occupation Tax Act; or (iv) a seller that is
26included within the definition of a "retailer maintaining a

 

 

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1place of business in this State" under Section 2 of the Use Tax
2Act makes a sale of prepaid wireless telecommunications
3service to a consumer located in Illinois. In the case of a
4retail transaction which does not occur in person at a
5seller's business location, if a consumer uses a credit card
6to purchase prepaid wireless telecommunications service
7on-line or over the telephone, and no product is shipped to the
8consumer, the transaction occurs in this State if the billing
9address for the consumer's credit card is in this State.
10    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
11subsection (a-5) of this Section shall be collected by the
12seller from the consumer with respect to each retail
13transaction occurring in the municipality imposing the
14surcharge. The amount of the prepaid wireless 9-1-1 surcharge
15shall be separately stated on an invoice, receipt, or other
16similar document that is provided to the consumer by the
17seller or shall be otherwise disclosed to the consumer. If the
18seller does not separately state the surcharge as a distinct
19item to the consumer as provided in this Section, then the
20seller shall maintain books and records as required by this
21Act which clearly identify the amount of the 9-1-1 surcharge
22for retail transactions.
23    For purposes of this subsection (b-5), a retail
24transaction occurs in the municipality if (i) the retail
25transaction is made in person by a consumer at the seller's
26business location and the business is located within the

 

 

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1municipality; (ii) the seller is a provider and sells prepaid
2wireless telecommunications service to a consumer located in
3the municipality; (iii) the retail transaction is treated as
4occurring in the municipality for purposes of the Retailers'
5Occupation Tax Act; or (iv) a seller that is included within
6the definition of a "retailer maintaining a place of business
7in this State" under Section 2 of the Use Tax Act makes a sale
8of prepaid wireless telecommunications service to a consumer
9located in the municipality. In the case of a retail
10transaction which does not occur in person at a seller's
11business location, if a consumer uses a credit card to
12purchase prepaid wireless telecommunications service on-line
13or over the telephone, and no product is shipped to the
14consumer, the transaction occurs in the municipality if the
15billing address for the consumer's credit card is in the
16municipality.
17    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
18consumer and not on any provider. The seller shall be liable to
19remit all prepaid wireless 9-1-1 surcharges that the seller
20collects from consumers as provided in Section 20, including
21all such surcharges that the seller is deemed to collect where
22the amount of the surcharge has not been separately stated on
23an invoice, receipt, or other similar document provided to the
24consumer by the seller. The surcharge collected or deemed
25collected by a seller shall constitute a debt owed by the
26seller to this State, and any such surcharge actually

 

 

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1collected shall be held in trust for the benefit of the
2Department.
3    For purposes of this subsection (c), the surcharge shall
4not be imposed or collected from entities that have an active
5tax exemption identification number issued by the Department
6under Section 1g of the Retailers' Occupation Tax Act.
7    (d) The amount of the prepaid wireless 9-1-1 surcharge
8that is collected by a seller from a consumer, if such amount
9is separately stated on an invoice, receipt, or other similar
10document provided to the consumer by the seller, shall not be
11included in the base for measuring any tax, fee, surcharge, or
12other charge that is imposed by this State, any political
13subdivision of this State, or any intergovernmental agency.
14    (e) (Blank).
15    (e-5) Any changes in the rate of the surcharge imposed by a
16municipality under the authority granted in subsection (a-5)
17of this Section shall be effective on the first day of the
18first calendar month to occur at least 60 days after the
19enactment of the change. The Department shall provide not less
20than 30 days' notice of the increase or reduction in the rate
21of such surcharge on the Department's website.
22    (f) When prepaid wireless telecommunications service is
23sold with one or more other products or services for a single,
24non-itemized price, then the percentage specified in
25subsection (a) or (a-5) of this Section 15 shall be applied to
26the entire non-itemized price unless the seller elects to

 

 

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1apply the percentage to (i) the dollar amount of the prepaid
2wireless telecommunications service if that dollar amount is
3disclosed to the consumer or (ii) the portion of the price that
4is attributable to the prepaid wireless telecommunications
5service if the retailer can identify that portion by
6reasonable and verifiable standards from its books and records
7that are kept in the regular course of business for other
8purposes, including, but not limited to, books and records
9that are kept for non-tax purposes. However, if a minimal
10amount of prepaid wireless telecommunications service is sold
11with a prepaid wireless device for a single, non-itemized
12price, then the seller may elect not to apply the percentage
13specified in subsection (a) or (a-5) of this Section 15 to such
14transaction. For purposes of this subsection, an amount of
15service denominated as 10 minutes or less or $5 or less is
16considered minimal.
17    (g) The prepaid wireless 9-1-1 surcharge imposed under
18subsections (a) and (a-5) of this Section is not imposed on the
19provider or the consumer for wireless Lifeline service where
20the consumer does not pay the provider for the service. Where
21the consumer purchases from the provider optional minutes,
22texts, or other services in addition to the federally funded
23Lifeline benefit, a consumer must pay the prepaid wireless
249-1-1 surcharge, and it must be collected by the seller
25according to subsection (b-5).
26(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.

 

 

HB3702 Engrossed- 89 -LRB102 14080 RLC 21101 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

 

 

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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