Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB3940 Enrolled / Bill

Filed 05/22/2023

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1  An Act concerning local government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  (30 ILCS 105/5.531 rep.)
5  Section 5. The State Finance Act is amended by repealing
6  Section 5.531.
7  Section 10. The Emergency Telephone System Act is amended
8  by changing Sections 2, 3, 6.2, 11.5, 14, 15.2, 15.3, 15.3a,
9  15.4, 15.4b, 15.5, 20, 30, 35, 40, 50, and 99 as follows:
10  (50 ILCS 750/2) (from Ch. 134, par. 32)
11  (Section scheduled to be repealed on December 31, 2023)
12  Sec. 2. Definitions. As used in this Act, unless the
13  context otherwise requires:
14  "9-1-1 network" means the network used for the delivery of
15  9-1-1 calls and messages over dedicated and redundant
16  facilities to a primary or backup 9-1-1 PSAP that meets the
17  appropriate grade of service.
18  "9-1-1 system" means the geographic area that has been
19  granted an order of authority by the Commission or the
20  Statewide 9-1-1 Administrator to use "9-1-1" as the primary
21  emergency telephone number, including, but not limited to, the
22  network, software applications, databases, CPE components and

 

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1  operational and management procedures required to provide
2  9-1-1 service.
3  "9-1-1 Authority" means an Emergency Telephone System
4  Board or Joint Emergency Telephone System Board that provides
5  for the management and operation of a 9-1-1 system. "9-1-1
6  Authority" includes the Illinois State Police only to the
7  extent it provides 9-1-1 services under this Act.
8  "9-1-1 System Manager" means the manager, director,
9  administrator, or coordinator who at the direction of his or
10  her Emergency Telephone System Board is responsible for the
11  implementation and execution of the order of authority issued
12  by the Commission or the Statewide 9-1-1 Administrator through
13  the programs, policies, procedures, and daily operations of
14  the 9-1-1 system consistent with the provisions of this Act.
15  "Administrator" means the Statewide 9-1-1 Administrator.
16  "Advanced service" means any telecommunications service
17  with or without dynamic bandwidth allocation, including, but
18  not limited to, ISDN Primary Rate Interface (PRI), that,
19  through the use of a DS-1, T-1, or other un-channelized or
20  multi-channel transmission facility, is capable of
21  transporting either the subscriber's inter-premises voice
22  telecommunications services to the public switched network or
23  the subscriber's 9-1-1 calls to the public agency.
24  "Aggregator" means an entity that ingresses 9-1-1 calls of
25  multiple traffic types or 9-1-1 calls from multiple
26  originating service providers and combines them on a trunk

 

 

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1  group or groups (or equivalent egress connection arrangement
2  to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
3  system), and that uses the routing information provided in the
4  received call setup signaling to select the appropriate trunk
5  group and proceeds to signal call setup toward the 9-1-1
6  system provider. "Aggregator" includes an originating service
7  provider that provides aggregation functions for its own 9-1-1
8  calls. "Aggregator" also includes an aggregation network or an
9  aggregation entity that provides aggregator services for other
10  types of system providers, such as cloud-based services or
11  enterprise networks as its client.
12  "ALI" or "automatic location identification" means the
13  automatic display at the public safety answering point of the
14  address or location of the caller's telephone and
15  supplementary emergency services information of the location
16  from which a call originates.
17  "ANI" or "automatic number identification" means the
18  automatic display of the 10-digit telephone number associated
19  with the caller's telephone number.
20  "Automatic alarm" and "automatic alerting device" mean any
21  device that will access the 9-1-1 system for emergency
22  services upon activation and does not provide for two-way
23  communication.
24  "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
25  Backup Answering Point, or VAP.
26  "Authorized entity" means an answering point or

 

 

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1  participating agency other than a decommissioned PSAP.
2  "Backup PSAP" means an answering point that meets the
3  appropriate standards of service and serves as an alternate to
4  the PSAP operating independently from the PSAP at a different
5  location that has the capability to direct dispatch for the
6  PSAP or otherwise transfer emergency calls directly to an
7  authorized entity. A backup PSAP may accept overflow calls
8  from the PSAP or be activated if the primary PSAP is disabled.
9  "Board" means an Emergency Telephone System Board or a
10  Joint Emergency Telephone System Board created pursuant to
11  Section 15.4.
12  "Call back number" means a number used by a PSAP to
13  recontact a location from which a 9-1-1 call was placed,
14  regardless of whether that number is a direct-dial number for
15  a station used to originate a 9-1-1 call.
16  "Carrier" includes a telecommunications carrier and a
17  wireless carrier.
18  "Commission" means the Illinois Commerce Commission.
19  "Computer aided dispatch" or "CAD" means a computer-based
20  system that aids public safety telecommunicators by automating
21  selected dispatching and recordkeeping activities.
22  "Direct dispatch" means a 9-1-1 service wherein upon
23  receipt of an emergency call, a public safety telecommunicator
24  transmits - without delay, transfer, relay, or referral - all
25  relevant available information to the appropriate public
26  safety personnel or emergency responders.

 

 

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1  "Dispatchable location" means the street address of a
2  9-1-1 caller and additional information, such as room number,
3  floor number, or similar information, necessary to identify
4  the location of the 9-1-1 caller.
5  "Decommissioned" means the revocation of a PSAPs authority
6  to handle 9-1-1 calls as an answering point within the 9-1-1
7  network.
8  "DS-1, T-1, or similar un-channelized or multi-channel
9  transmission facility" means a facility that can transmit and
10  receive a bit rate of at least 1.544 megabits per second
11  (Mbps).
12  "Dynamic bandwidth allocation" means the ability of the
13  facility or customer to drop and add channels, or adjust
14  bandwidth, when needed in real time for voice or data
15  purposes.
16  "Emergency call" means any type of request for emergency
17  assistance through a 9-1-1 network either to the digits 9-1-1
18  or the emergency 24/7 10-digit telephone number for all
19  answering points. An emergency call is not limited to a voice
20  telephone call. It could be a two-way video call, an
21  interactive text, Teletypewriter (TTY), an SMS, an Instant
22  Message, or any new mechanism for communications available in
23  the future. An emergency call occurs when the request for
24  emergency assistance is received by a public safety
25  telecommunicator.
26  "EMS personnel" has the meaning given to that term in

 

 

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1  Section 3.5 of the Emergency Medical Services (EMS) Systems
2  Act.
3  "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
4  includes network switching, database and PSAP premise elements
5  capable of providing automatic location identification data,
6  selective routing, selective transfer, fixed transfer, and a
7  call back number, including any enhanced 9-1-1 service so
8  designated by the Federal Communications Commission in its
9  report and order in WC Dockets Nos. 04-36 and 05-196, or any
10  successor proceeding.
11  "ETSB" means an emergency telephone system board appointed
12  by the corporate authorities of any county or municipality
13  that provides for the management and operation of a 9-1-1
14  system.
15  "First responder" means someone designated by a public
16  safety agency who is charged with responding to emergency
17  service requests, including emergency communications
18  professionals, public safety telecommunicators, public safety
19  telecommunicator supervisors, and police, fire, and EMS
20  personnel who operate in the field.
21  "Grade of service" means P.01 for E9-1-1 enhanced 9-1-1
22  services or the equivalent for NENA Baseline NG9-1-1 as set
23  forth in the NENA i3 Solution adopted standard for NG9-1-1.
24  "Hearing-impaired individual" means a person with a
25  permanent hearing loss who can regularly and routinely
26  communicate by telephone only through the aid of devices which

 

 

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

 

 

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1  computer aided dispatch system; and
2  (8) may be used to collect information pursuant to an
3  Illinois Premise Alert Program as defined in the Illinois
4  Premise Alert Program (PAP) Act.
5  "Interconnected voice over Internet protocol provider" or
6  "Interconnected VoIP provider" has the meaning given to that
7  term under Section 13-235 of the Public Utilities Act.
8  "Joint ETSB" means a Joint Emergency Telephone System
9  Board established by intergovernmental agreement of two or
10  more municipalities or counties, or a combination thereof, to
11  provide for the management and operation of a 9-1-1 system.
12  "Key telephone system" means a type of MLTS designed to
13  provide shared access to several outside lines through buttons
14  or keys typically offering identified access lines with direct
15  line appearance or termination on a given telephone set.
16  "Local public agency" means any unit of local government
17  or special purpose district located in whole or in part within
18  this State that provides or has authority to provide
19  firefighting, police, ambulance, medical, or other emergency
20  services.
21  "Mechanical dialer" means any device that accesses the
22  9-1-1 system without human intervention and does not provide
23  for two-way communication.
24  "Master Street Address Guide" or "MSAG" is a database of
25  street names and house ranges within their associated
26  communities defining emergency service zones (ESZs) and their

 

 

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1  associated emergency service numbers (ESNs) to enable proper
2  routing of 9-1-1 calls.
3  "Mobile telephone number" or "MTN" means the telephone
4  number assigned to a wireless telephone at the time of initial
5  activation.
6  "Multi-line telephone system" or "MLTS" means a system
7  that is comprised of a common control unit or units, telephone
8  sets, control hardware and software, and adjunct systems and
9  that enables users to make and receive telephone calls using
10  shared resources, such as telephone network trunks or data
11  link bandwidth. The terms "multi-line telephone system" and
12  "MLTS" include, but are not limited to: network-based and
13  premises-based systems, such as Centrex service;
14  premises-based, hosted, and cloud-based VoIP systems; PBX,
15  hybrid, and key telephone systems (as classified by the
16  Federal Communications Commission under 47 CFR Part 68 or any
17  successor rules); and systems owned or leased by governmental
18  agencies, nonprofit entities, and for-profit businesses.
19  "Network connections" means the number of voice grade
20  communications channels directly between a subscriber and a
21  telecommunications carrier's public switched network, without
22  the intervention of any other telecommunications carrier's
23  switched network, which would be required to carry the
24  subscriber's inter-premises traffic and which connection
25  either (1) is capable of providing access through the public
26  switched network to a 9-1-1 Emergency Telephone System, if one

 

 

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1  exists, or (2) if no system exists at the time a surcharge is
2  imposed under Section 15.3, that would be capable of providing
3  access through the public switched network to the local 9-1-1
4  Emergency Telephone System if one existed. Where multiple
5  voice grade communications channels are connected to a
6  telecommunications carrier's public switched network through a
7  private branch exchange (PBX) service, there shall be
8  determined to be one network connection for each trunk line
9  capable of transporting either the subscriber's inter-premises
10  traffic to the public switched network or the subscriber's
11  9-1-1 calls to the public agency. Where multiple voice grade
12  communications channels are connected to an OSP's public
13  switched network through Centrex type service, the number of
14  network connections shall be equal to the number of PBX trunk
15  equivalents for the subscriber's service or other multiple
16  voice grade communication channels facility, as determined by
17  reference to any generally applicable exchange access service
18  tariff filed by the subscriber's telecommunications carrier
19  with the Commission.
20  "Network costs" means those recurring costs that directly
21  relate to the operation of the 9-1-1 network as determined by
22  the Statewide 9-1-1 Administrator with the advice of the
23  Statewide 9-1-1 Advisory Board, which may include, but need
24  not be limited to, some or all of the following: costs for
25  interoffice trunks, selective routing charges, transfer lines
26  and toll charges for 9-1-1 services, Automatic Location

 

 

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1  Information (ALI) database charges, independent local exchange
2  carrier charges and non-system provider charges, carrier
3  charges for third party database for on-site customer premises
4  equipment, back-up PSAP trunks for non-system providers,
5  periodic database updates as provided by carrier (also known
6  as "ALI data dump"), regional ALI storage charges, circuits
7  for call delivery (fiber or circuit connection), NG9-1-1
8  costs, and all associated fees, taxes, and surcharges on each
9  invoice. "Network costs" shall not include radio circuits or
10  toll charges that are other than for 9-1-1 services.
11  "Next generation 9-1-1" or "NG9-1-1" means a secure
12  Internet Protocol-based (IP-based) open-standards system
13  comprised of hardware, software, data, and operational
14  policies and procedures that:
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
7  relate to the Next Generation 9-1-1 service as determined by
8  the Statewide 9-1-1 Administrator with the advice of the
9  Statewide 9-1-1 Advisory Board, which may include, but need
10  not be limited to, costs for NENA i3 Core Components (Border
11  Control Function (BCF), Emergency Call Routing Function
12  (ECRF), Location Validation Function (LVF), Emergency Services
13  Routing Proxy (ESRP), Policy Store/Policy Routing Functions
14  (PSPRF), and Location Information Servers (LIS)), Statewide
15  ESInet, software external to the PSAP (data collection,
16  identity management, aggregation, and GIS functionality), and
17  gateways (legacy 9-1-1 tandems or gateways or both).
18  "Originating service provider" or "OSP" means the entity
19  that provides services to end users that may be used to
20  originate voice or nonvoice 9-1-1 requests for assistance and
21  who would interconnect, in any of various fashions, to the
22  9-1-1 system provider for purposes of delivering 9-1-1 traffic
23  to the public safety answering points.
24  "Private branch exchange" or "PBX" means a private
25  telephone system and associated equipment located on the
26  user's property that provides communications between internal

 

 

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

 

 

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

 

 

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1  management and administration of the PSAP.
2  "Public safety telecommunicator" means any person employed
3  in a full-time or part-time capacity at an answering point
4  whose duties or responsibilities include answering, receiving,
5  or transferring an emergency call for dispatch to the
6  appropriate emergency responder.
7  "Public safety telecommunicator supervisor" means any
8  person employed in a full-time or part-time capacity at an
9  answering point or by a 9-1-1 Authority, whose primary duties
10  or responsibilities are to direct, administer, or manage any
11  public safety telecommunicator and whose responsibilities
12  include answering, receiving, or transferring an emergency
13  call for dispatch to the appropriate emergency responders.
14  "Referral" means a 9-1-1 service in which the public
15  safety telecommunicator provides the calling party with the
16  telephone number of the appropriate public safety agency or
17  other provider of emergency services.
18  "Regular service" means any telecommunications service,
19  other than advanced service, that is capable of transporting
20  either the subscriber's inter-premises voice
21  telecommunications services to the public switched network or
22  the subscriber's 9-1-1 calls to the public agency.
23  "Relay" means a 9-1-1 service in which the public safety
24  telecommunicator takes the pertinent information from a caller
25  and relays that information to the appropriate public safety
26  agency or other provider of emergency services.

 

 

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1  "Remit period" means the billing period, one month in
2  duration, for which a wireless carrier remits a surcharge and
3  provides subscriber information by zip code to the Illinois
4  State Police, in accordance with Section 20 of this Act.
5  "Secondary Answering Point" or "SAP" means a location,
6  other than a PSAP, that is able to receive the voice, data, and
7  call back number of E9-1-1 or NG9-1-1 emergency calls
8  transferred from a PSAP and completes the call taking process
9  by dispatching police, medical, fire, or other emergency
10  responders.
11  "Shared residential MLTS service" means the use of one or
12  more MLTS or MLTS services to provide telephone service to
13  residential facilities, including, but not limited to,
14  single-family dwellings and multi-family dwellings, such as
15  apartments, even if the service is not individually billed.
16  "Shared telecommunications services" means the provision
17  of telecommunications and information management services and
18  equipment within a user group located in discrete private
19  premises in building complexes, campuses, or high-rise
20  buildings by a commercial shared services provider or by a
21  user association, through privately owned customer premises
22  equipment and associated data processing and information
23  management services. The term "shared telecommunications
24  services" includes the provisioning of connections to the
25  facilities of a local exchange carrier or an interexchange
26  carrier.

 

 

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1  "Statewide wireless emergency 9-1-1 system" means all
2  areas of the State where an emergency telephone system board
3  has not declared its intention for one or more of its public
4  safety answering points to serve as a primary wireless 9-1-1
5  public safety answering point for its jurisdiction. The
6  operator of the statewide wireless emergency 9-1-1 system
7  shall be the Illinois State Police.
8  "System" means the communications equipment and related
9  software applications required to produce a response by the
10  appropriate emergency public safety agency or other provider
11  of emergency services as a result of an emergency call being
12  placed to 9-1-1.
13  "System provider" means the contracted entity providing
14  9-1-1 network and database services.
15  "Telecommunications carrier" means those entities included
16  within the definition specified in Section 13-202 of the
17  Public Utilities Act, and includes those carriers acting as
18  resellers of telecommunications services. "Telecommunications
19  carrier" includes telephone systems operating as mutual
20  concerns. "Telecommunications carrier" does not include a
21  wireless carrier.
22  "Telecommunications technology" means equipment that can
23  send and receive written messages over the telephone network.
24  "Temporary residence MLTS" means the use of a MLTS or MLTS
25  service to provide telephone service to occupants of temporary
26  or transient dwellings, including, but not limited to,

 

 

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

 

 

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1  voice grade communications channels or otherwise supports 2 or
2  more voice grade calls at a time; provided, however, that each
3  additional increment of up to 24 voice grade channels of
4  transmission capacity that is capable of transporting either
5  the subscriber's inter-premises voice telecommunications
6  services to the public switched network or the subscriber's
7  9-1-1 calls to the public agency shall be considered an
8  additional trunk line.
9  "Unmanned backup answering point" means an answering point
10  that serves as an alternate to the PSAP at an alternate
11  location and is typically unmanned but can be activated if the
12  primary PSAP is disabled.
13  "Virtual answering point" or "VAP" means a temporary or
14  nonpermanent location that is capable of receiving an
15  emergency call, contains a fully functional worksite that is
16  not bound to a specific location, but rather is portable and
17  scalable, connecting public safety telecommunicators to the
18  work process, and is capable of completing the call
19  dispatching process.
20  "Voice-impaired individual" means a person with a
21  permanent speech disability which precludes oral
22  communication, who can regularly and routinely communicate by
23  telephone only through the aid of devices which can send and
24  receive written messages over the telephone network.
25  "Wireless carrier" means a provider of two-way cellular,
26  broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial

 

 

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1  Mobile Radio Service (CMRS), Wireless Communications Service
2  (WCS), or other Commercial Mobile Radio Service (CMRS), as
3  defined by the Federal Communications Commission, offering
4  radio communications that may provide fixed, mobile, radio
5  location, or satellite communication services to individuals
6  or businesses within its assigned spectrum block and
7  geographical area or that offers real-time, two-way voice
8  service that is interconnected with the public switched
9  network, including a reseller of such service.
10  "Wireless enhanced 9-1-1" means the ability to relay the
11  telephone number of the originator of a 9-1-1 call and
12  location information from any mobile handset or text telephone
13  device accessing the wireless system to the designated
14  wireless public safety answering point as set forth in the
15  order of the Federal Communications Commission, FCC Docket No.
16  94-102, adopted June 12, 1996, with an effective date of
17  October 1, 1996, and any subsequent amendment thereto.
18  "Wireless public safety answering point" means the
19  functional division of a 9-1-1 authority accepting wireless
20  9-1-1 calls.
21  "Wireless subscriber" means an individual or entity to
22  whom a wireless service account or number has been assigned by
23  a wireless carrier, other than an account or number associated
24  with prepaid wireless telecommunication service.
25  (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
26  102-813, eff. 5-13-22; 102-983, eff. 5-27-22.)

 

 

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1  (50 ILCS 750/3) (from Ch. 134, par. 33)
2  (Section scheduled to be repealed on December 31, 2023)
3  Sec. 3.  (a) By July 1, 2017, every local public agency
4  shall be within the jurisdiction of a 9-1-1 system.
5  (b) Within 36 18 months of the awarding of a contract to a
6  vendor certified under Section 13-900 of the Public Utilities
7  Act to provide Next Generation 9-1-1 service, every 9-1-1
8  system in Illinois, except in a municipality with a population
9  over 500,000, shall provide Next Generation 9-1-1 service. A
10  municipality with a population over 500,000 shall provide Next
11  Generation 9-1-1 service by July 1, 2024 December 31, 2023.
12  (c) Nothing in this Act shall be construed to prohibit or
13  discourage in any way the formation of multijurisdictional or
14  regional systems, and any system established pursuant to this
15  Act may include the territory of more than one public agency or
16  may include a segment of the territory of a public agency.
17  (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
18  (50 ILCS 750/6.2)
19  (Section scheduled to be repealed on December 31, 2023)
20  Sec. 6.2. Every 9-1-1 system shall be able to accept text
21  to 9-1-1 no later than July 1, 2024 January 1, 2023. The
22  Illinois State Police shall adopt rules for the implementation
23  of this Section.
24  (Source: P.A. 102-9, eff. 6-3-21.)

 

 

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1  (50 ILCS 750/11.5)
2  (Section scheduled to be repealed on December 31, 2023)
3  Sec. 11.5. Aggregator and originating service provider
4  responsibilities.
5  (a) Each aggregator, and the originating service providers
6  whose 9-1-1 calls are being aggregated by the aggregator,
7  shall comply with their respective requirements in 83 Ill.
8  Adm. Code 725.410.
9  (b) Beginning February 1, 2024 and every February 1
10  thereafter July 1, 2021, each aggregator that is operating
11  within the State must submit email the Office of the Statewide
12  9-1-1 Administrator to provide the following information that
13  supports the implementation of and the migration to the
14  Statewide NG9-1-1 system to the Office of the Statewide 9-1-1
15  Administrator on a form prescribed and made available by the
16  Illinois State Police for this purpose:
17  (1) A company 9-1-1 contact, address, email, and phone
18  number.
19  (2) A list of originating service providers that the
20  aggregator transports 9-1-1 calls for and then to the
21  appropriate 9-1-1 system provider. New or current
22  aggregators must update the required information within 30
23  days of implementing any changes in information required
24  by this subsection.
25  (c) Each aggregator shall establish procedures for

 

 

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1  receiving No Record Found errors from the 9-1-1 System
2  Provider, identifying the originating service provider who
3  delivered the call to the aggregator, and referring the No
4  Record Found errors to that originating service provider.
5  (d) Each originating service provider shall establish
6  procedures with the 9-1-1 system provider for preventing and
7  resolving No Record Found errors in the 9-1-1 database and
8  make every effort to ensure 9-1-1 calls are sent to the
9  appropriate public safety answering point.
10  (e) If a 9-1-1 system is being transitioned to NG9-1-1
11  service or to a new provider, each aggregator shall be
12  responsible for coordinating any modifications that are needed
13  to ensure that the originating service provider provides the
14  required level of service to its customers. Each aggregator
15  shall coordinate those network changes or additions for those
16  migrations in a timely manner with the appropriate 9-1-1
17  system provider who shall be managing its respective
18  implementation schedule and cut over. Each aggregator shall
19  send notice to its originating service provider customers of
20  the aggregator's successful turn up of the network changes or
21  additions supporting the migration and include the necessary
22  information for the originating service provider's migration
23  (such as public safety answering point name, Federal
24  Communications Commission Identification, and Emergency
25  Services Routing Number). The notice shall be provided to the
26  originating service providers within 2 weeks of acceptance

 

 

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1  testing and conversion activities between the aggregator and
2  the 9-1-1 system provider.
3  (f) The 9-1-1 system provider shall coordinate directly
4  with the originating service providers (unless the aggregator
5  separately agrees to coordinate with the originating service
6  providers) for migration, but in no case shall that migration
7  exceed 30 days after receipt of notice from the aggregator,
8  unless agreed to by the originating service provider and 9-1-1
9  system provider.
10  (g) Each aggregator shall coordinate test calls with the
11  9-1-1 system provider and the 9-1-1 Authority when turning up
12  new circuits or making network changes. Each originating
13  service provider shall perform testing of its network and
14  provisioning upon notification from the aggregator that the
15  network has been tested and accepted with the 9-1-1 system
16  provider.
17  (h) Each aggregator and originating service provider
18  customer shall deliver all 9-1-1 calls, audio, data, and
19  location to the 9-1-1 system at a location determined by the
20  State.
21  (Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21.)
22  (50 ILCS 750/14) (from Ch. 134, par. 44)
23  (Section scheduled to be repealed on December 31, 2023)
24  Sec. 14.  The General Assembly declares that a major
25  purpose of this Act is to ensure that 9-1-1 systems have

 

 

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1  redundant methods of dispatch for: (1) each public safety
2  agency within its jurisdiction, herein known as participating
3  agencies; and (2) 9-1-1 systems whose jurisdictional
4  boundaries are contiguous, herein known as adjacent 9-1-1
5  systems, when an emergency request for service is received for
6  a public safety agency that needs to be dispatched by the
7  adjacent 9-1-1 system. Another primary purpose of this Section
8  is to eliminate instances in which a public safety agency
9  refuses, once dispatched, to render aid outside of the
10  jurisdictional boundaries of the public safety agency.
11  Therefore, in implementing a 9-1-1 system under this Act, all
12  9-1-1 authorities shall enter into call handling and aid
13  outside jurisdictional boundaries agreements with each
14  participating agency and adjacent 9-1-1 system. The agreements
15  shall provide a primary and secondary means of dispatch. It
16  must also provide that, once an emergency unit is dispatched
17  in response to a request through the system, such unit shall
18  render its services to the requesting party without regard to
19  whether the unit is operating outside its normal
20  jurisdictional boundaries. The call handling and aid outside
21  jurisdictional boundaries agreements shall be incorporated
22  into the plan filed under Section 11. Notice of any changes to
23  call handling and aid outside jurisdictional boundaries
24  agreements must be made annually during the financial
25  reporting process Certified notification of the continuation
26  of call handling and aid outside jurisdictional boundaries

 

 

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1  agreements shall be made among the involved parties on an
2  annual basis. The Illinois State Police may adopt rules for
3  the administration of this Section.
4  (Source: P.A. 102-9, eff. 6-3-21.)
5  (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
6  (Section scheduled to be repealed on December 31, 2023)
7  Sec. 15.2.  Any person placing a call or text an "emergency
8  call" to the number "911" or causing a transmission, in any
9  manner, to a public safety agency or public safety answering
10  point for the purpose of making an alarm or complaint and
11  reporting false information when, at the time the call, text,
12  or transmission is made, the person knows there is no
13  reasonable ground for making the call, text, or transmission
14  and further knows that the call , text, or transmission could
15  result in the emergency response of any public safety agency,
16  is subject to the provisions of Section 26-1 of the Criminal
17  Code of 2012.
18  (Source: P.A. 102-9, eff. 6-3-21.)
19  (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
20  (Section scheduled to be repealed on December 31, 2023)
21  Sec. 15.3. Local non-wireless surcharge.
22  (a) Except as provided in subsection (l) of this Section,
23  the corporate authorities of any municipality or any county
24  may, subject to the limitations of subsections (c), (d), and

 

 

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1  (h), and in addition to any tax levied pursuant to the
2  Simplified Municipal Telecommunications Tax Act, impose a
3  monthly surcharge on billed subscribers of network connection
4  provided by telecommunication carriers engaged in the business
5  of transmitting messages by means of electricity originating
6  within the corporate limits of the municipality or county
7  imposing the surcharge at a rate per network connection
8  determined in accordance with subsection (c), however the
9  monthly surcharge shall not apply to a network connection
10  provided for use with pay telephone services. Provided,
11  however, that where multiple voice grade communications
12  channels are connected between the subscriber's premises and a
13  public switched network through private branch exchange (PBX)
14  or centrex type service, a municipality imposing a surcharge
15  at a rate per network connection, as determined in accordance
16  with this Act, shall impose:
17  (i) in a municipality with a population of 500,000 or
18  less or in any county, 5 such surcharges per network
19  connection, as defined under Section 2 of this Act, for
20  both regular service and advanced service provisioned
21  trunk lines;
22  (ii) in a municipality with a population, prior to
23  March 1, 2010, of 500,000 or more, 5 surcharges per
24  network connection, as defined under Section 2 of this
25  Act, for both regular service and advanced service
26  provisioned trunk lines;

 

 

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1  (iii) in a municipality with a population, as of March
2  1, 2010, of 500,000 or more, 5 surcharges per network
3  connection, as defined under Section 2 of this Act, for
4  regular service provisioned trunk lines, and 12 surcharges
5  per network connection, as defined under Section 2 of this
6  Act, for advanced service provisioned trunk lines, except
7  where an advanced service provisioned trunk line supports
8  at least 2 but fewer than 23 simultaneous voice grade
9  calls ("VGC's"), a telecommunication carrier may elect to
10  impose fewer than 12 surcharges per trunk line as provided
11  in subsection (iv) of this Section; or
12  (iv) for an advanced service provisioned trunk line
13  connected between the subscriber's premises and the public
14  switched network through a P.B.X., where the advanced
15  service provisioned trunk line is capable of transporting
16  at least 2 but fewer than 23 simultaneous VGC's per trunk
17  line, the telecommunications carrier collecting the
18  surcharge may elect to impose surcharges in accordance
19  with the table provided in this Section, without limiting
20  any telecommunications carrier's obligations to otherwise
21  keep and maintain records. Any telecommunications carrier
22  electing to impose fewer than 12 surcharges per an
23  advanced service provisioned trunk line shall keep and
24  maintain records adequately to demonstrate the VGC
25  capability of each advanced service provisioned trunk line
26  with fewer than 12 surcharges imposed, provided that 12

 

 

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1  surcharges shall be imposed on an advanced service
2  provisioned trunk line regardless of the VGC capability
3  where a telecommunications carrier cannot demonstrate the
4  VGC capability of the advanced service provisioned trunk
5  line.
6Facility VGC's 911 Surcharges 7Advanced service provisioned trunk line 18-23 12 8Advanced service provisioned trunk line 12-17 10 9Advanced service provisioned trunk line 2-11 8 6  Facility VGC's 911 Surcharges 7  Advanced service provisioned trunk line 18-23 12 8  Advanced service provisioned trunk line 12-17 10 9  Advanced service provisioned trunk line 2-11 8
6  Facility VGC's 911 Surcharges
7  Advanced service provisioned trunk line 18-23 12
8  Advanced service provisioned trunk line 12-17 10
9  Advanced service provisioned trunk line 2-11 8
10  Subsections (i), (ii), (iii), and (iv) are not intended to
11  make any change in the meaning of this Section, but are
12  intended to remove possible ambiguity, thereby confirming the
13  intent of paragraph (a) as it existed prior to and following
14  the effective date of this amendatory Act of the 97th General
15  Assembly.
16  For mobile telecommunications services, if a surcharge is
17  imposed it shall be imposed based upon the municipality or
18  county that encompasses the customer's place of primary use as
19  defined in the Mobile Telecommunications Sourcing Conformity
20  Act. A municipality may enter into an intergovernmental
21  agreement with any county in which it is partially located,
22  when the county has adopted an ordinance to impose a surcharge
23  as provided in subsection (c), to include that portion of the
24  municipality lying outside the county in that county's

 

 

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6  Facility VGC's 911 Surcharges
7  Advanced service provisioned trunk line 18-23 12
8  Advanced service provisioned trunk line 12-17 10
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1  surcharge referendum. If the county's surcharge referendum is
2  approved, the portion of the municipality identified in the
3  intergovernmental agreement shall automatically be
4  disconnected from the county in which it lies and connected to
5  the county which approved the referendum for purposes of a
6  surcharge on telecommunications carriers.
7  (b) For purposes of computing the surcharge imposed by
8  subsection (a), the network connections to which the surcharge
9  shall apply shall be those in-service network connections,
10  other than those network connections assigned to the
11  municipality or county, where the service address for each
12  such network connection or connections is located within the
13  corporate limits of the municipality or county levying the
14  surcharge. Except for mobile telecommunication services, the
15  "service address" shall mean the location of the primary use
16  of the network connection or connections. For mobile
17  telecommunication services, "service address" means the
18  customer's place of primary use as defined in the Mobile
19  Telecommunications Sourcing Conformity Act.
20  (c) Upon the passage of an ordinance to impose a surcharge
21  under this Section the clerk of the municipality or county
22  shall certify the question of whether the surcharge may be
23  imposed to the proper election authority who shall submit the
24  public question to the electors of the municipality or county
25  in accordance with the general election law; provided that
26  such question shall not be submitted at a consolidated primary

 

 

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1  election. The public question shall be in substantially the
2  following form:
3  -------------------------------------------------------------
4  Shall the county (or city, village
5  or incorporated town) of ..... impose YES
6  a surcharge of up to ... per month per
7  network connection, which surcharge will
8  be added to the monthly bill you receive ------------------
9  for telephone or telecommunications
10  charges, for the purpose of installing
11  (or improving) a 9-1-1 Emergency NO
12  Telephone System?
13  -------------------------------------------------------------
14  If a majority of the votes cast upon the public question
15  are in favor thereof, the surcharge shall be imposed.
16  However, if a Joint Emergency Telephone System Board is to
17  be created pursuant to an intergovernmental agreement under
18  Section 15.4, the ordinance to impose the surcharge shall be
19  subject to the approval of a majority of the total number of
20  votes cast upon the public question by the electors of all of
21  the municipalities or counties, or combination thereof, that
22  are parties to the intergovernmental agreement.
23  The referendum requirement of this subsection (c) shall
24  not apply to any municipality with a population over 500,000
25  or to any county in which a proposition as to whether a
26  sophisticated 9-1-1 Emergency Telephone System should be

 

 

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1  installed in the county, at a cost not to exceed a specified
2  monthly amount per network connection, has previously been
3  approved by a majority of the electors of the county voting on
4  the proposition at an election conducted before the effective
5  date of this amendatory Act of 1987.
6  (d) A county may not impose a surcharge, unless requested
7  by a municipality, in any incorporated area which has
8  previously approved a surcharge as provided in subsection (c)
9  or in any incorporated area where the corporate authorities of
10  the municipality have previously entered into a binding
11  contract or letter of intent with a telecommunications carrier
12  to provide sophisticated 9-1-1 service through municipal
13  funds.
14  (e) A municipality or county may at any time by ordinance
15  change the rate of the surcharge imposed under this Section if
16  the new rate does not exceed the rate specified in the
17  referendum held pursuant to subsection (c).
18  (f) The surcharge authorized by this Section shall be
19  collected from the subscriber by the telecommunications
20  carrier providing the subscriber the network connection as a
21  separately stated item on the subscriber's bill.
22  (g) The amount of surcharge collected by the
23  telecommunications carrier shall be paid to the particular
24  municipality or county or Joint Emergency Telephone System
25  Board not later than 30 days after the surcharge is collected,
26  net of any network or other 9-1-1 or sophisticated 9-1-1

 

 

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1  system charges then due the particular telecommunications
2  carrier, as shown on an itemized bill. The telecommunications
3  carrier collecting the surcharge shall also be entitled to
4  deduct 3% of the gross amount of surcharge collected to
5  reimburse the telecommunications carrier for the expense of
6  accounting and collecting the surcharge.
7  (h) Except as expressly provided in subsection (a) of this
8  Section, on or after the effective date of this amendatory Act
9  of the 98th General Assembly and until December 31, 2017, a
10  municipality with a population of 500,000 or more shall not
11  impose a monthly surcharge per network connection in excess of
12  the highest monthly surcharge imposed as of January 1, 2014 by
13  any county or municipality under subsection (c) of this
14  Section. Beginning January 1, 2018 and until December 31, 2025
15  2023, a municipality with a population over 500,000 may not
16  impose a monthly surcharge in excess of $5.00 per network
17  connection. On or after January 1, 2026 2024, a municipality
18  with a population over 500,000 may not impose a monthly
19  surcharge in excess of $2.50 per network connection.
20  (i) Any municipality or county or joint emergency
21  telephone system board that has imposed a surcharge pursuant
22  to this Section prior to the effective date of this amendatory
23  Act of 1990 shall hereafter impose the surcharge in accordance
24  with subsection (b) of this Section.
25  (j) The corporate authorities of any municipality or
26  county may issue, in accordance with Illinois law, bonds,

 

 

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1  notes or other obligations secured in whole or in part by the
2  proceeds of the surcharge described in this Section. The State
3  of Illinois pledges and agrees that it will not limit or alter
4  the rights and powers vested in municipalities and counties by
5  this Section to impose the surcharge so as to impair the terms
6  of or affect the security for bonds, notes or other
7  obligations secured in whole or in part with the proceeds of
8  the surcharge described in this Section. The pledge and
9  agreement set forth in this Section survive the termination of
10  the surcharge under subsection (l) by virtue of the
11  replacement of the surcharge monies guaranteed under Section
12  20; the State of Illinois pledges and agrees that it will not
13  limit or alter the rights vested in municipalities and
14  counties to the surcharge replacement funds guaranteed under
15  Section 20 so as to impair the terms of or affect the security
16  for bonds, notes or other obligations secured in whole or in
17  part with the proceeds of the surcharge described in this
18  Section.
19  (k) Any surcharge collected by or imposed on a
20  telecommunications carrier pursuant to this Section shall be
21  held to be a special fund in trust for the municipality, county
22  or Joint Emergency Telephone Board imposing the surcharge.
23  Except for the 3% deduction provided in subsection (g) above,
24  the special fund shall not be subject to the claims of
25  creditors of the telecommunication carrier.
26  (l) Any surcharge imposed pursuant to this Section by a

 

 

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1  county or municipality, other than a municipality with a
2  population in excess of 500,000, shall cease to be imposed on
3  January 1, 2016.
4  (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
5  (50 ILCS 750/15.3a)
6  (Section scheduled to be repealed on December 31, 2023)
7  Sec. 15.3a. Local wireless surcharge.
8  (a) Notwithstanding any other provision of this Act, a
9  unit of local government or emergency telephone system board
10  providing wireless 9-1-1 service and imposing and collecting a
11  wireless carrier surcharge prior to July 1, 1998 may continue
12  its practices of imposing and collecting its wireless carrier
13  surcharge, but, except as provided in subsection (b) of this
14  Section, in no event shall that monthly surcharge exceed $2.50
15  per commercial mobile radio service (CMRS) connection or
16  in-service telephone number billed on a monthly basis. For
17  mobile telecommunications services provided on and after
18  August 1, 2002, any surcharge imposed shall be imposed based
19  upon the municipality or county that encompasses the
20  customer's place of primary use as defined in the Mobile
21  Telecommunications Sourcing Conformity Act.
22  (b) Until December 31, 2017, the corporate authorities of
23  a municipality with a population in excess of 500,000 on the
24  effective date of this amendatory Act of the 99th General
25  Assembly may by ordinance continue to impose and collect a

 

 

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1  monthly surcharge per commercial mobile radio service (CMRS)
2  connection or in-service telephone number billed on a monthly
3  basis that does not exceed the highest monthly surcharge
4  imposed as of January 1, 2014 by any county or municipality
5  under subsection (c) of Section 15.3 of this Act. Beginning
6  January 1, 2018, and until December 31, 2025 2023, a
7  municipality with a population in excess of 500,000 may by
8  ordinance continue to impose and collect a monthly surcharge
9  per commercial mobile radio service (CMRS) connection or
10  in-service telephone number billed on a monthly basis that
11  does not exceed $5.00. On or after January 1, 2026 2024, the
12  municipality may continue imposing and collecting its wireless
13  carrier surcharge as provided in and subject to the
14  limitations of subsection (a) of this Section.
15  (c) In addition to any other lawful purpose, a
16  municipality with a population over 500,000 may use the moneys
17  collected under this Section for any anti-terrorism or
18  emergency preparedness measures, including, but not limited
19  to, preparedness planning, providing local matching funds for
20  federal or State grants, personnel training, and specialized
21  equipment, including surveillance cameras, as needed to deal
22  with natural and terrorist-inspired emergency situations or
23  events.
24  (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
25  (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)

 

 

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1  (Section scheduled to be repealed on December 31, 2023)
2  Sec. 15.4. Emergency Telephone System Board; powers.
3  (a) Except as provided in subsection (e) of this Section,
4  the corporate authorities of any county or municipality may
5  establish an Emergency Telephone System Board.
6  The corporate authorities shall provide for the manner of
7  appointment and the number of members of the Board, provided
8  that the board shall consist of not fewer than 5 members, one
9  of whom must be a public member who is a resident of the local
10  exchange service territory included in the 9-1-1 coverage
11  area, one of whom (in counties with a population less than
12  100,000) may be a member of the county board, and at least 3 of
13  whom shall be representative of the 9-1-1 public safety
14  agencies, including but not limited to police departments,
15  fire departments, emergency medical services providers, and
16  emergency services and disaster agencies, and appointed on the
17  basis of their ability or experience. In counties with a
18  population of more than 100,000 but less than 2,000,000, a
19  member of the county board may serve on the Emergency
20  Telephone System Board. Elected officials, including members
21  of a county board, are also eligible to serve on the board.
22  Members of the board shall serve without compensation but
23  shall be reimbursed for their actual and necessary expenses.
24  Any 2 or more municipalities, counties, or combination
25  thereof, may, instead of establishing individual boards,
26  establish by intergovernmental agreement a Joint Emergency

 

 

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1  Telephone System Board pursuant to this Section. The manner of
2  appointment of such a joint board shall be prescribed in the
3  agreement. On or after the effective date of this amendatory
4  Act of the 100th General Assembly, any new intergovernmental
5  agreement entered into to establish or join a Joint Emergency
6  Telephone System Board shall provide for the appointment of a
7  PSAP representative to the board.
8  Upon the effective date of this amendatory Act of the 98th
9  General Assembly, appointed members of the Emergency Telephone
10  System Board shall serve staggered 3-year terms if: (1) the
11  Board serves a county with a population of 100,000 or less; and
12  (2) appointments, on the effective date of this amendatory Act
13  of the 98th General Assembly, are not for a stated term. The
14  corporate authorities of the county or municipality shall
15  assign terms to the board members serving on the effective
16  date of this amendatory Act of the 98th General Assembly in the
17  following manner: (1) one-third of board members' terms shall
18  expire on January 1, 2015; (2) one-third of board members'
19  terms shall expire on January 1, 2016; and (3) remaining board
20  members' terms shall expire on January 1, 2017. Board members
21  may be re-appointed upon the expiration of their terms by the
22  corporate authorities of the county or municipality.
23  The corporate authorities of a county or municipality may,
24  by a vote of the majority of the members elected, remove an
25  Emergency Telephone System Board member for misconduct,
26  official misconduct, or neglect of office.

 

 

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1  (b) The powers and duties of the board shall be defined by
2  ordinance of the municipality or county, or by
3  intergovernmental agreement in the case of a joint board. The
4  powers and duties shall include, but need not be limited to the
5  following:
6  (1) Planning a 9-1-1 system.
7  (2) Coordinating and supervising the implementation,
8  upgrading, or maintenance of the system, including the
9  establishment of equipment specifications and coding
10  systems.
11  (3) Receiving moneys from the surcharge imposed under
12  Section 15.3, or disbursed to it under Section 30, and
13  from any other source, for deposit into the Emergency
14  Telephone System Fund.
15  (4) Authorizing all disbursements from the fund.
16  (5) Hiring any staff necessary for the implementation
17  or upgrade of the system.
18  (6) (Blank).
19  (7) Designating a 9-1-1 System Manager, whose duties
20  and responsibilities shall be set forth by the Emergency
21  Telephone System Board in writing.
22  (c) All moneys received by a board pursuant to a surcharge
23  imposed under Section 15.3, or disbursed to it under Section
24  30, shall be deposited into a separate interest-bearing
25  Emergency Telephone System Fund account. The treasurer of the
26  municipality or county that has established the board or, in

 

 

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1  the case of a joint board, any municipal or county treasurer
2  designated in the intergovernmental agreement, shall be
3  custodian of the fund. All interest accruing on the fund shall
4  remain in the fund. No expenditures may be made from such fund
5  except upon the direction of the board by resolution passed by
6  a majority of all members of the board.
7  (d) The board shall complete and maintain a Next
8  Generation 9-1-1 GIS database in accordance with NENA
9  Standards before implementation of the NG9-1-1 system. The
10  MSAG and GIS data standardizing and synchronization must reach
11  a 98% or greater match rate, with an option of matching with
12  ALI, before using GIS data for NG9-1-1 a Master Street Address
13  Guide database before implementation of the 9-1-1 system. The
14  error ratio of the database shall not at any time exceed 1% of
15  the total database.
16  (e) On and after January 1, 2016, no municipality or
17  county may create an Emergency Telephone System Board unless
18  the board is a Joint Emergency Telephone System Board. The
19  corporate authorities of any county or municipality entering
20  into an intergovernmental agreement to create or join a Joint
21  Emergency Telephone System Board shall rescind an ordinance or
22  ordinances creating a single Emergency Telephone System Board
23  and shall eliminate the single Emergency Telephone System
24  Board, effective upon the creation of the Joint Emergency
25  Telephone System Board, with regulatory approval by the
26  Administrator, or joining of the Joint Emergency Telephone

 

 

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1  System Board. Nothing in this Section shall be construed to
2  require the dissolution of an Emergency Telephone System Board
3  that is not succeeded by a Joint Emergency Telephone System
4  Board or is not required to consolidate under Section 15.4a of
5  this Act.
6  (f) Within one year after the effective date of this
7  amendatory Act of the 100th General Assembly, any corporate
8  authorities of a county or municipality, other than a
9  municipality with a population of more than 500,000, operating
10  a 9-1-1 system without an Emergency Telephone System Board or
11  Joint Emergency Telephone System Board shall create or join a
12  Joint Emergency Telephone System Board.
13  (Source: P.A. 102-9, eff. 6-3-21.)
14  (50 ILCS 750/15.4b)
15  (Section scheduled to be repealed on December 31, 2023)
16  Sec. 15.4b. Consolidation grants.
17  (a) The Administrator, with the advice and recommendation
18  of the Statewide 9-1-1 Advisory Board, shall administer a
19  9-1-1 System Consolidation Grant Program to defray costs
20  associated with 9-1-1 system consolidation of systems outside
21  of a municipality with a population in excess of 500,000. The
22  awarded grants will be used to offset non-recurring costs
23  associated with the consolidation of 9-1-1 systems and shall
24  not be used for ongoing operating costs associated with the
25  consolidated system. The Illinois State Police, in

 

 

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1  consultation with the Administrator and the Statewide 9-1-1
2  Advisory Board, shall adopt rules defining the grant process
3  and criteria for issuing the grants. The grants should be
4  awarded based on criteria that include, but are not limited
5  to:
6  (1) reducing the number of transfers of a 9-1-1 call;
7  (2) reducing the infrastructure required to adequately
8  provide 9-1-1 network services;
9  (3) promoting cost savings from resource sharing among
10  9-1-1 systems;
11  (4) facilitating interoperability and resiliency for
12  the receipt of 9-1-1 calls;
13  (5) reducing the number of 9-1-1 systems or reducing
14  the number of PSAPs within a 9-1-1 system;
15  (6) cost saving resulting from 9-1-1 system
16  consolidation; and
17  (7) expanding NG9-1-1 E9-1-1 service coverage as a
18  result of 9-1-1 system consolidation including to areas
19  without E9-1-1 service.
20  Priority shall be given first to counties not providing
21  9-1-1 service as of January 1, 2016, and next to other entities
22  consolidating as required under Section 15.4a of this Act.
23  (b) The 9-1-1 System Consolidation Grant application, as
24  defined by Illinois State Police rules, shall be submitted
25  electronically using the State's grant management system by
26  February 1, 2024 and every February 1 to the Administrator

 

 

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1  starting January 2, 2016, and every January 2 thereafter. The
2  application shall include a modified 9-1-1 system plan as
3  required by this Act in support of the consolidation plan. The
4  Administrator shall have until June 30, 2016 and every June 30
5  thereafter to approve 9-1-1 System Consolidation grants and
6  modified 9-1-1 system plans. Payment under the approved 9-1-1
7  System Consolidation grants shall be contingent upon the final
8  approval of a modified 9-1-1 system plan.
9  (c) (Blank). Existing and previously completed
10  consolidation projects shall be eligible to apply for
11  reimbursement of costs related to the consolidation incurred
12  between 2010 and the State fiscal year of the application.
13  (d) The 9-1-1 systems that receive grants under this
14  Section shall provide a report detailing grant fund usage to
15  the Administrator pursuant to Section 40 of this Act.
16  (Source: P.A. 102-538, eff. 8-20-21.)
17  (50 ILCS 750/15.5)
18  (Section scheduled to be repealed on December 31, 2023)
19  Sec. 15.5. Grandfathered private residential switch or
20  MLTS 9-1-1 service.
21  (a) An entity that manages or operates a private
22  residential switch service or shared residential or temporary
23  residential MLTS service that was installed on or before
24  February 16, 2020 shall ensure that the system is connected to
25  the public switched telephone network so that calls to 9-1-1

 

 

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1  route to the appropriate 9-1-1 jurisdiction and shall ensure
2  that the system includes, but is not limited to, the
3  capability to provide ANI, the extension number, and the ALI
4  containing the street address of the 9-1-1 caller who
5  dispatchable location that is the source of the call to 9-1-1.
6  (b) The private residential switch or shared residential
7  or temporary residential MLTS service operator is responsible
8  for forwarding end user ANI and ALI record information to the
9  9-1-1 system provider according to the format, frequency, and
10  procedures established by that system provider.
11  (c) This Act does not apply to any MLTS telephone
12  extension that uses radio transmissions to convey electrical
13  signals directly between the telephone extension and the
14  serving MLTS.
15  (d) An entity that violates this Section is guilty of a
16  business offense and shall be fined not less than $1,000 and
17  not more than $5,000.
18  (e) Nothing in this Section shall be construed to preclude
19  the Attorney General on behalf of the Illinois State Police or
20  on his or her own initiative, or any other interested person,
21  from seeking judicial relief, by mandamus, injunction, or
22  otherwise, to compel compliance with this Section.
23  (Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
24  (50 ILCS 750/20)
25  (Section scheduled to be repealed on December 31, 2023)

 

 

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

 

 

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1  the surcharge shall be $0.87 per connection and on and
2  after January 1, 2018, the surcharge shall be $1.50 per
3  connection.
4  (b) State and local taxes shall not apply to the
5  surcharges imposed under this Section.
6  (c) The surcharges imposed by this Section shall be stated
7  as a separately stated item on subscriber bills.
8  (d) The telecommunications carrier collecting the
9  surcharge may deduct and retain 1.74% of the gross amount of
10  surcharge collected to reimburse the telecommunications
11  carrier for the expense of accounting and collecting the
12  surcharge. On and after July 1, 2022, the wireless carrier
13  collecting a surcharge under this Section may deduct and
14  retain 1.74% of the gross amount of the surcharge collected to
15  reimburse the wireless carrier for the expense of accounting
16  and collecting the surcharge.
17  (d-5) Notwithstanding the provisions of subsection (d) of
18  this Section, an amount not greater than 2.5% may be deducted
19  and retained if the telecommunications or wireless carrier can
20  support, through documentation, expenses that exceed the 1.74%
21  allowed. The documentation shall be submitted to the Illinois
22  State Police and input obtained from the Statewide 9-1-1
23  Advisory Board prior to approval of the deduction.
24  (e) Surcharges imposed under this Section shall be
25  collected by the carriers and shall be remitted to the
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1  transfer, by the end of the next calendar month after the
2  calendar month in which it was collected for deposit into the
3  Statewide 9-1-1 Fund. Carriers are not required to remit
4  surcharge moneys that are billed to subscribers but not yet
5  collected.
6  The first remittance by wireless carriers shall include
7  the number of subscribers by zip code, and the 9-digit zip code
8  if currently being used or later implemented by the carrier,
9  that shall be the means by which the Illinois State Police
10  shall determine distributions from the Statewide 9-1-1 Fund.
11  This information shall be updated at least once each year. Any
12  carrier that fails to provide the zip code information
13  required under this subsection (e) shall be subject to the
14  penalty set forth in subsection (g) of this Section.
15  (f) If, within 8 calendar days after it is due under
16  subsection (e) of this Section, a carrier does not remit the
17  surcharge or any portion thereof required under this Section,
18  then the surcharge or portion thereof shall be deemed
19  delinquent until paid in full, and the Illinois State Police
20  may impose a penalty against the carrier in an amount equal to
21  the greater of:
22  (1) $25 for each month or portion of a month from the
23  time an amount becomes delinquent until the amount is paid
24  in full; or
25  (2) an amount equal to the product of 1% and the sum of
26  all delinquent amounts for each month or portion of a

 

 

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

 

 

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1  this Section. Any penalty imposed under this subsection (g) is
2  in addition to any other penalty imposed under this Section.
3  (h) A penalty imposed and collected in accordance with
4  subsection (f) or (g) of this Section shall be deposited into
5  the Statewide 9-1-1 Fund for distribution according to Section
6  30 of this Act.
7  (i) The Illinois State Police may enforce the collection
8  of any delinquent amount and any penalty due and unpaid under
9  this Section by legal action or in any other manner by which
10  the collection of debts due the State of Illinois may be
11  enforced under the laws of this State. The Illinois State
12  Police may excuse the payment of any penalty imposed under
13  this Section if the Administrator determines that the
14  enforcement of this penalty is unjust.
15  (j) Notwithstanding any provision of law to the contrary,
16  nothing shall impair the right of wireless carriers to recover
17  unreimbursed compliance costs for all emergency communications
18  services that are not reimbursed out of the Wireless Carrier
19  Reimbursement Fund directly from their wireless subscribers by
20  line-item charges on the wireless subscriber's bill. Those
21  compliance costs include all costs incurred by wireless
22  carriers in complying with local, State, and federal
23  regulatory or legislative mandates that require the
24  transmission and receipt of emergency communications to and
25  from the general public, including, but not limited to,
26  E9-1-1.

 

 

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1  (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
2  102-813, eff. 5-13-22.)
3  (50 ILCS 750/30)
4  (Section scheduled to be repealed on December 31, 2023)
5  Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
6  (a) A special fund in the State treasury known as the
7  Wireless Service Emergency Fund shall be renamed the Statewide
8  9-1-1 Fund. Any appropriations made from the Wireless Service
9  Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
10  The Fund shall consist of the following:
11  (1) (Blank). 9-1-1 wireless surcharges assessed under
12  the Wireless Emergency Telephone Safety Act.
13  (2) 9-1-1 surcharges assessed under Section 20 of this
14  Act.
15  (3) Prepaid wireless 9-1-1 surcharges assessed under
16  Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
17  (4) Any appropriations, grants, or gifts made to the
18  Fund.
19  (5) Any income from interest, premiums, gains, or
20  other earnings on moneys in the Fund.
21  (6) Money from any other source that is deposited in
22  or transferred to the Fund.
23  (b) Subject to appropriation and availability of funds,
24  the Illinois State Police shall distribute the 9-1-1
25  surcharges monthly as follows:

 

 

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

 

 

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1  2020, $0.12, and on and after July 1, 2020, $0.04 shall
2  be used to make monthly disbursements proportional
3  grants to the appropriate 9-1-1 Authority currently
4  taking wireless 9-1-1 based upon the United States
5  Postal Zip Code of the billing addresses of
6  subscribers wireless carriers.
7  (E) Until June 30, 2023, $0.05 shall be used by the
8  Illinois State Police for grants for NG9-1-1 expenses,
9  with priority given to 9-1-1 Authorities that provide
10  9-1-1 service within the territory of a Large Electing
11  Provider as defined in Section 13-406.1 of the Public
12  Utilities Act.
13  (F) On and after July 1, 2020, $0.13 shall be used
14  for the implementation of and continuing expenses for
15  the Statewide NG9-1-1 system.
16  (1.5) Beginning on the effective date of this
17  amendatory Act of the 103rd General Assembly, to assist
18  with the implementation of the statewide Next Generation
19  9-1-1 network, the Illinois State Police's administrative
20  costs include the one-time capital cost of upgrading the
21  Illinois State Police's call-handling equipment to meet
22  the standards necessary to access and increase
23  interoperability with the statewide Next Generation 9-1-1
24  network.
25  (A) Upon completion of the Illinois State Police's
26  call-handling equipment upgrades, but no later than

 

 

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1  June 30, 2024, surplus moneys in excess of $1,000,000
2  from subparagraph (C) of paragraph (1) not utilized by
3  the Illinois State Police for administrative costs
4  shall be distributed to the 9-1-1 Authorities in
5  accordance with subparagraph (E) of paragraph (2) on
6  an annual basis at the end of the State fiscal year.
7  Any remaining surplus money may also be distributed
8  consistent with this paragraph (1.5) at the discretion
9  of the Illinois State Police.
10  (B) Upon implementation of the Statewide NG9-1-1
11  system, but no later than June 30, 2024, surplus
12  moneys in excess of $5,000,000 from subparagraph (F)
13  of paragraph (1) not utilized by the Illinois State
14  Police for the implementation of and continuing
15  expenses for the Statewide NG9-1-1 system shall be
16  distributed to the 9-1-1 Authorities in accordance
17  with subparagraph (E) of subsection (2) on an annual
18  basis at the end of the State fiscal year. Any
19  remaining surplus money may also be distributed
20  consistent with this paragraph (1.5) at the discretion
21  of the Illinois State Police.
22  (2) After disbursements under paragraph (1) of this
23  subsection (b), all remaining funds in the Statewide 9-1-1
24  Fund shall be disbursed in the following priority order:
25  (A) The Fund shall pay monthly to:
26  (i) the 9-1-1 Authorities that imposed

 

 

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1  surcharges under Section 15.3 of this Act and were
2  required to report to the Illinois Commerce
3  Commission under Section 27 of the Wireless
4  Emergency Telephone Safety Act on October 1, 2014,
5  except a 9-1-1 Authority in a municipality with a
6  population in excess of 500,000, an amount equal
7  to the average monthly wireline and VoIP surcharge
8  revenue attributable to the most recent 12-month
9  period reported to the Illinois State Police under
10  that Section for the October 1, 2014 filing,
11  subject to the power of the Illinois State Police
12  to investigate the amount reported and adjust the
13  number by order under Article X of the Public
14  Utilities Act, so that the monthly amount paid
15  under this item accurately reflects one-twelfth of
16  the aggregate wireline and VoIP surcharge revenue
17  properly attributable to the most recent 12-month
18  period reported to the Commission; or
19  (ii) county qualified governmental entities
20  that did not impose a surcharge under Section 15.3
21  as of December 31, 2015, and counties that did not
22  impose a surcharge as of June 30, 2015, an amount
23  equivalent to their population multiplied by .37
24  multiplied by the rate of $0.69; counties that are
25  not county qualified governmental entities and
26  that did not impose a surcharge as of December 31,

 

 

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1  2015, shall not begin to receive the payment
2  provided for in this subsection until E9-1-1 and
3  wireless E9-1-1 services are provided within their
4  counties; or
5  (iii) counties without 9-1-1 service that had
6  a surcharge in place by December 31, 2015, an
7  amount equivalent to their population multiplied
8  by .37 multiplied by their surcharge rate as
9  established by the referendum.
10  (B) All 9-1-1 network costs for systems outside of
11  municipalities with a population of at least 500,000
12  shall be paid by the Illinois State Police directly to
13  the vendors.
14  (C) All expenses incurred by the Administrator and
15  the Statewide 9-1-1 Advisory Board and costs
16  associated with procurement under Section 15.6b
17  including requests for information and requests for
18  proposals.
19  (D) Funds may be held in reserve by the Statewide
20  9-1-1 Advisory Board and disbursed by the Illinois
21  State Police for grants under Section 15.4b of this
22  Act and for NG9-1-1 expenses up to $12.5 million per
23  year in State fiscal years 2016 and 2017; up to $20
24  million in State fiscal year 2018; up to $20.9 million
25  in State fiscal year 2019; up to $15.3 million in State
26  fiscal year 2020; up to $16.2 million in State fiscal

 

 

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1  year 2021; up to $23.1 million in State fiscal year
2  2022; and up to $17.0 million per year for State fiscal
3  year 2023 and each year thereafter. The amount held in
4  reserve in State fiscal years 2021, 2022, and 2023
5  shall not be less than $6.5 million. Disbursements
6  under this subparagraph (D) shall be prioritized as
7  follows: (i) consolidation grants prioritized under
8  subsection (a) of Section 15.4b of this Act; (ii)
9  NG9-1-1 expenses; and (iii) consolidation grants under
10  Section 15.4b of this Act for consolidation expenses
11  incurred between January 1, 2010, and January 1, 2016.
12  (E) All remaining funds per remit month shall be
13  used to make monthly disbursements proportional grants
14  to the appropriate 9-1-1 Authority currently taking
15  wireless 9-1-1 based upon the United States Postal Zip
16  Code of the billing addresses of subscribers of
17  wireless carriers.
18  (c) The moneys deposited into the Statewide 9-1-1 Fund
19  under this Section shall not be subject to administrative
20  charges or chargebacks unless otherwise authorized by this
21  Act.
22  (d) Whenever two or more 9-1-1 Authorities consolidate,
23  the resulting Joint Emergency Telephone System Board shall be
24  entitled to the monthly payments that had theretofore been
25  made to each consolidating 9-1-1 Authority. Any reserves held
26  by any consolidating 9-1-1 Authority shall be transferred to

 

 

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1  the resulting Joint Emergency Telephone System Board. Whenever
2  a county that has no 9-1-1 service as of January 1, 2016 enters
3  into an agreement to consolidate to create or join a Joint
4  Emergency Telephone System Board, the Joint Emergency
5  Telephone System Board shall be entitled to the monthly
6  payments that would have otherwise been paid to the county if
7  it had provided 9-1-1 service.
8  (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
9  102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
10  (50 ILCS 750/35)
11  (Section scheduled to be repealed on December 31, 2023)
12  Sec. 35. 9-1-1 surcharge; allowable expenditures.
13  (a) Except as otherwise provided in this Act, expenditures
14  from surcharge revenues received under this Act shall may be
15  made consistent with 47 CFR 9.23, which include by
16  municipalities, counties, and 9-1-1 Authorities only to pay
17  for the costs associated with the following:
18  (1) support and implementation of 9-1-1 services
19  provided by or in the State or taxing jurisdiction
20  imposing the fee or charge; and The design of the
21  Emergency Telephone System.
22  (2) operational expenses of public safety answering
23  points within the State. Examples of allowable
24  expenditures include, but are not limited to:
25  (A) PSAP operating costs, including lease,

 

 

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1  purchase, maintenance, replacement, and upgrade of
2  customer premises equipment (hardware and software),
3  CAD equipment (hardware and software), and the PSAP
4  building and facility and including NG9-1-1,
5  cybersecurity, pre-arrival instructions, and emergency
6  notification systems. PSAP operating costs include
7  technological innovation that supports 9-1-1;
8  (B) PSAP personnel costs, including
9  telecommunicators' salaries and training;
10  (C) PSAP administration, including costs for
11  administration of 9-1-1 services and travel expenses
12  associated with the provision of 9-1-1 services;
13  (D) integrating public safety and first responder
14  dispatch and 9-1-1 systems, including lease, purchase,
15  maintenance, and upgrade of CAD equipment (hardware
16  and software) to support integrated 9-1-1 and public
17  safety dispatch operations; and
18  (E) providing the interoperability of 9-1-1
19  systems with one another and with public safety and
20  first responder radio systems The coding of an initial
21  Master Street Address Guide database, and update and
22  maintenance thereof.
23  (3) (Blank). The repayment of any moneys advanced for
24  the implementation of the system.
25  (4) (Blank). The charges for Automatic Number
26  Identification and Automatic Location Identification

 

 

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1  equipment, a computer aided dispatch system that records,
2  maintains, and integrates information, mobile data
3  transmitters equipped with automatic vehicle locators, and
4  maintenance, replacement, and update thereof to increase
5  operational efficiency and improve the provision of
6  emergency services.
7  (5) (Blank). The non-recurring charges related to
8  installation of the Emergency Telephone System.
9  (6) (Blank). The initial acquisition and installation,
10  or the reimbursement of costs therefor to other
11  governmental bodies that have incurred those costs, of
12  road or street signs that are essential to the
13  implementation of the Emergency Telephone System and that
14  are not duplicative of signs that are the responsibility
15  of the jurisdiction charged with maintaining road and
16  street signs. Funds may not be used for ongoing expenses
17  associated with road or street sign maintenance and
18  replacement.
19  (7) (Blank). Other products and services necessary for
20  the implementation, upgrade, and maintenance of the system
21  and any other purpose related to the operation of the
22  system, including costs attributable directly to the
23  construction, leasing, or maintenance of any buildings or
24  facilities or costs of personnel attributable directly to
25  the operation of the system. Costs attributable directly
26  to the operation of an emergency telephone system do not

 

 

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1  include the costs of public safety agency personnel who
2  are and equipment that is dispatched in response to an
3  emergency call.
4  (8) (Blank). The defraying of expenses incurred to
5  implement Next Generation 9-1-1, subject to the conditions
6  set forth in this Act.
7  (9) (Blank). The implementation of a computer aided
8  dispatch system or hosted supplemental 9-1-1 services.
9  (10) (Blank). The design, implementation, operation,
10  maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
11  NG9-1-1 emergency services and public safety answering
12  points.
13  (b) The obligation or expenditure of surcharge revenues
14  received under this Act for a purpose or function inconsistent
15  with 47 CFR 9.23 and this Section shall constitute diversion,
16  which undermines the purpose of this Act by depriving the
17  9-1-1 system of the funds it needs to function effectively and
18  to modernize 9-1-1 operations. Examples of diversion include,
19  but are not limited to:
20  (1) transfer of 9-1-1 fees into a State or other
21  jurisdiction's general fund or other fund for non-9-1-1
22  purposes;
23  (2) use of surcharge revenues for equipment or
24  infrastructure for constructing or expanding
25  non-public-safety communications networks (e.g.,
26  commercial cellular networks); and

 

 

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1  (3) use of surcharge revenues for equipment or
2  infrastructure for law enforcement, firefighters, and
3  other public safety or first responder entities that does
4  not directly support providing 9-1-1 services.
5  (c) In the case of a municipality with a population over
6  500,000, moneys may also be used for any anti-terrorism or
7  emergency preparedness measures, including, but not limited
8  to, preparedness planning, providing local matching funds for
9  federal or State grants, personnel training, and specialized
10  equipment, including surveillance cameras, as needed to deal
11  with natural and terrorist-inspired emergency situations or
12  events.
13  (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
14  (50 ILCS 750/40)
15  (Section scheduled to be repealed on December 31, 2023)
16  Sec. 40. Financial reports.
17  (a) The Illinois State Police shall create uniform
18  accounting procedures, with such modification as may be
19  required to give effect to statutory provisions applicable
20  only to municipalities with a population in excess of 500,000,
21  that any emergency telephone system board or unit of local
22  government receiving surcharge money pursuant to Section 15.3,
23  15.3a, or 30 of this Act must follow.
24  (b) By January 31, 2018, and every January 31 thereafter,
25  each emergency telephone system board or unit of local

 

 

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1  government receiving surcharge money pursuant to Section 15.3,
2  15.3a, or 30 shall report to the Illinois State Police audited
3  financial statements showing total revenue and expenditures
4  for the period beginning with the end of the period covered by
5  the last submitted report through the end of the previous
6  calendar year in a form and manner as prescribed by the
7  Illinois State Police. Such financial information shall
8  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 Illinois State
16  Police and collected in accordance with any reporting
17  method established or required by the Illinois State
18  Police;
19  (4) all costs associated with dispatching appropriate
20  public safety agencies to respond to 9-1-1 calls received
21  by the PSAP; and
22  (5) all funding sources and amounts of funding used
23  for costs described in paragraph (4) of this subsection
24  (b).
25  The emergency telephone system board or unit of local
26  government is responsible for any costs associated with

 

 

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

 

 

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1  Act.
2  (e) The Illinois State Police may adopt emergency rules
3  necessary to implement the provisions of this Section.
4  (f) Any findings or decisions of the Illinois State Police
5  under this Section shall be deemed a final administrative
6  decision and shall be subject to judicial review under the
7  Administrative Review Law.
8  (g) Beginning October 1, 2017, the Illinois State Police
9  shall provide a quarterly report to the Statewide 9-1-1
10  Advisory Board of its expenditures from the Statewide 9-1-1
11  Fund for the prior fiscal quarter.
12  (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
13  102-813, eff. 5-13-22.)
14  (50 ILCS 750/50)
15  (Section scheduled to be repealed on December 31, 2023)
16  Sec. 50. Fund audits. The Auditor General shall conduct as
17  a part of its bi-annual audit, an audit of the Statewide 9-1-1
18  Fund and the Wireless Carrier Reimbursement Fund for
19  compliance with the requirements of this Act. The audit shall
20  include, but not be limited to, the following determinations:
21  (1) Whether detailed records of all receipts and
22  disbursements from the Statewide 9-1-1 Fund and the
23  Wireless Carrier Reimbursement Fund are being maintained.
24  (2) Whether administrative costs charged to the funds
25  are adequately documented and are reasonable.

 

 

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1  (3) Whether the procedures for making disbursements
2  and grants and providing reimbursements in accordance with
3  the Act are adequate.
4  (4) The status of the implementation of statewide
5  9-1-1 service and Next Generation 9-1-1 service in
6  Illinois.
7  The Illinois Commerce Commission, the Illinois State
8  Police, and any other entity or person that may have
9  information relevant to the audit shall cooperate fully and
10  promptly with the Office of the Auditor General in conducting
11  the audit. The Auditor General shall commence the audit as
12  soon as possible and distribute the report upon completion in
13  accordance with Section 3-14 of the Illinois State Auditing
14  Act.
15  (Source: P.A. 102-538, eff. 8-20-21.)
16  (50 ILCS 750/99)
17  (Section scheduled to be repealed on December 31, 2023)
18  Sec. 99. Repealer. This Act is repealed on December 31,
19  2025 2023.
20  (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
21  (50 ILCS 750/15 rep.)
22  (50 ILCS 750/15.2c rep.)
23  (50 ILCS 750/45 rep.)
24  Section 15. The Emergency Telephone System Act is amended

 

 

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1  by repealing Sections 15, 15.2c, and 45.
2  Section 20. The Criminal Code of 2012 is amended by
3  changing Section 26-1 as follows:
4  (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
5  Sec. 26-1. Disorderly conduct.
6  (a) A person commits disorderly conduct when he or she
7  knowingly:
8  (1) Does any act in such unreasonable manner as to
9  alarm or disturb another and to provoke a breach of the
10  peace;
11  (2) Transmits or causes to be transmitted in any
12  manner to the fire department of any city, town, village
13  or fire protection district a false alarm of fire, knowing
14  at the time of the transmission that there is no
15  reasonable ground for believing that the fire exists;
16  (3) Transmits or causes to be transmitted in any
17  manner to another a false alarm to the effect that a bomb
18  or other explosive of any nature or a container holding
19  poison gas, a deadly biological or chemical contaminant,
20  or radioactive substance is concealed in a place where its
21  explosion or release would endanger human life, knowing at
22  the time of the transmission that there is no reasonable
23  ground for believing that the bomb, explosive or a
24  container holding poison gas, a deadly biological or

 

 

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1  chemical contaminant, or radioactive substance is
2  concealed in the place;
3  (3.5) Transmits or causes to be transmitted in any
4  manner a threat of destruction of a school building or
5  school property, or a threat of violence, death, or bodily
6  harm directed against persons at a school, school
7  function, or school event, whether or not school is in
8  session;
9  (4) Transmits or causes to be transmitted in any
10  manner to any peace officer, public officer or public
11  employee a report to the effect that an offense will be
12  committed, is being committed, or has been committed,
13  knowing at the time of the transmission that there is no
14  reasonable ground for believing that the offense will be
15  committed, is being committed, or has been committed;
16  (5) Transmits or causes to be transmitted in any
17  manner a false report to any public safety agency without
18  the reasonable grounds necessary to believe that
19  transmitting the report is necessary for the safety and
20  welfare of the public; or
21  (6) Calls or texts the number "911" or transmits or
22  causes to be transmitted in any manner to a public safety
23  agency or public safety answering point for the purpose of
24  making or transmitting a false alarm or complaint and
25  reporting information when, at the time the call, text, or
26  transmission is made, the person knows there is no

 

 

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1  reasonable ground for making the call, text, or
2  transmission and further knows that the call, text, or
3  transmission could result in the emergency response of any
4  public safety agency;
5  (7) Transmits or causes to be transmitted in any
6  manner a false report to the Department of Children and
7  Family Services under Section 4 of the Abused and
8  Neglected Child Reporting Act;
9  (8) Transmits or causes to be transmitted in any
10  manner a false report to the Department of Public Health
11  under the Nursing Home Care Act, the Specialized Mental
12  Health Rehabilitation Act of 2013, the ID/DD Community
13  Care Act, or the MC/DD Act;
14  (9) Transmits or causes to be transmitted in any
15  manner to the police department or fire department of any
16  municipality or fire protection district, or any privately
17  owned and operated ambulance service, a false request for
18  an ambulance, emergency medical technician-ambulance or
19  emergency medical technician-paramedic knowing at the time
20  there is no reasonable ground for believing that the
21  assistance is required;
22  (10) Transmits or causes to be transmitted in any
23  manner a false report under Article II of Public Act
24  83-1432;
25  (11) Enters upon the property of another and for a
26  lewd or unlawful purpose deliberately looks into a

 

 

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1  dwelling on the property through any window or other
2  opening in it; or
3  (12) While acting as a collection agency as defined in
4  the Collection Agency Act or as an employee of the
5  collection agency, and while attempting to collect an
6  alleged debt, makes a telephone call to the alleged debtor
7  which is designed to harass, annoy or intimidate the
8  alleged debtor.
9  (b) Sentence. A violation of subsection (a)(1) of this
10  Section is a Class C misdemeanor. A violation of subsection
11  (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
12  violation of subsection (a)(8) or (a)(10) of this Section is a
13  Class B misdemeanor. A violation of subsection (a)(2),
14  (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
15  a Class 4 felony. A violation of subsection (a)(3) of this
16  Section is a Class 3 felony, for which a fine of not less than
17  $3,000 and no more than $10,000 shall be assessed in addition
18  to any other penalty imposed.
19  A violation of subsection (a)(12) of this Section is a
20  Business Offense and shall be punished by a fine not to exceed
21  $3,000. A second or subsequent violation of subsection (a)(7)
22  or (a)(5) of this Section is a Class 4 felony. A third or
23  subsequent violation of subsection (a)(11) of this Section is
24  a Class 4 felony.
25  (c) In addition to any other sentence that may be imposed,
26  a court shall order any person convicted of disorderly conduct

 

 

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1  to perform community service for not less than 30 and not more
2  than 120 hours, if community service is available in the
3  jurisdiction and is funded and approved by the county board of
4  the county where the offense was committed. In addition,
5  whenever any person is placed on supervision for an alleged
6  offense under this Section, the supervision shall be
7  conditioned upon the performance of the community service.
8  This subsection does not apply when the court imposes a
9  sentence of incarceration.
10  (d) In addition to any other sentence that may be imposed,
11  the court shall order any person convicted of disorderly
12  conduct under paragraph (3) of subsection (a) involving a
13  false alarm of a threat that a bomb or explosive device has
14  been placed in a school that requires an emergency response to
15  reimburse the unit of government that employs the emergency
16  response officer or officers that were dispatched to the
17  school for the cost of the response. If the court determines
18  that the person convicted of disorderly conduct that requires
19  an emergency response to a school is indigent, the provisions
20  of this subsection (d) do not apply.
21  (e) In addition to any other sentence that may be imposed,
22  the court shall order any person convicted of disorderly
23  conduct under paragraph (3.5) or (6) of subsection (a) to
24  reimburse the public agency for the reasonable costs of the
25  emergency response by the public agency up to $10,000. If the
26  court determines that the person convicted of disorderly

 

 

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1  conduct under paragraph (3.5) or (6) of subsection (a) is
2  indigent, the provisions of this subsection (e) do not apply.
3  (f) For the purposes of this Section, "emergency response"
4  means any condition that results in, or could result in, the
5  response of a public official in an authorized emergency
6  vehicle, any condition that jeopardizes or could jeopardize
7  public safety and results in, or could result in, the
8  evacuation of any area, building, structure, vehicle, or of
9  any other place that any person may enter, or any incident
10  requiring a response by a police officer, a firefighter, a
11  State Fire Marshal employee, or an ambulance.
12  (Source: P.A. 101-238, eff. 1-1-20.)

 

 

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