HB3940 EnrolledLRB103 25395 AWJ 51742 b HB3940 Enrolled LRB103 25395 AWJ 51742 b HB3940 Enrolled LRB103 25395 AWJ 51742 b 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15.5, 20, 30, 35, 40, 50, and 99 as follows: 10 (50 ILCS 750/2) (from Ch. 134, par. 32) 11 (Section scheduled to be repealed on December 31, 2023) 12 Sec. 2.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 HB3940 Enrolled LRB103 25395 AWJ 51742 b HB3940 Enrolled- 2 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 2 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 2 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 2 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 3 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 3 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 3 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 3 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 4 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 4 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 4 - LRB103 25395 AWJ 51742 b 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. HB3940 Enrolled - 4 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 5 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 5 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 5 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 5 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 6 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 6 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 6 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 6 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 7 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 7 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 7 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 7 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 8 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 8 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 8 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 8 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 9 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 9 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 9 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 9 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 10 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 10 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 10 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 10 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 11 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 11 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 11 - LRB103 25395 AWJ 51742 b 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; HB3940 Enrolled - 11 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 12 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 12 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 12 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 12 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 13 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 13 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 13 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 13 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 14 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 14 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 14 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 14 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 15 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 15 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 15 - LRB103 25395 AWJ 51742 b 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. HB3940 Enrolled - 15 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 16 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 16 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 16 - LRB103 25395 AWJ 51742 b 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. HB3940 Enrolled - 16 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 17 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 17 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 17 - LRB103 25395 AWJ 51742 b 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, HB3940 Enrolled - 17 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 18 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 18 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 18 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 18 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 19 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 19 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 19 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 19 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 20 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 20 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 20 - LRB103 25395 AWJ 51742 b 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.) HB3940 Enrolled - 20 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 21 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 21 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 21 - LRB103 25395 AWJ 51742 b 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.) HB3940 Enrolled - 21 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 22 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 22 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 22 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 22 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 23 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 23 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 23 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 23 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 24 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 24 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 24 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 24 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 25 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 25 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 25 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 25 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 26 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 26 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 26 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 26 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 27 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 27 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 27 - LRB103 25395 AWJ 51742 b 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; HB3940 Enrolled - 27 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 28 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 28 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 28 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 28 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 29 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 29 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 29 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 29 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled- 30 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 30 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 30 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 30 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 31 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 31 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 31 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 31 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 32 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 32 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 32 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 32 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 33 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 33 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 33 - LRB103 25395 AWJ 51742 b 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, HB3940 Enrolled - 33 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 34 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 34 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 34 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 34 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 35 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 35 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 35 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 35 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 36 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 36 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 36 - LRB103 25395 AWJ 51742 b 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) HB3940 Enrolled - 36 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 37 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 37 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 37 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 37 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 38 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 38 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 38 - LRB103 25395 AWJ 51742 b 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. HB3940 Enrolled - 38 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 39 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 39 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 39 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 39 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 40 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 40 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 40 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 40 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 41 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 41 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 41 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 41 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 42 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 42 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 42 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 42 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 43 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 43 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 43 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 43 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 44 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 44 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 44 - LRB103 25395 AWJ 51742 b 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) HB3940 Enrolled - 44 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 45 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 45 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 45 - LRB103 25395 AWJ 51742 b 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, HB3940 Enrolled - 45 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 46 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 46 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 46 - LRB103 25395 AWJ 51742 b 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 26 Illinois State Police, either by check or electronic funds HB3940 Enrolled - 46 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 47 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 47 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 47 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 47 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 48 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 48 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 48 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 48 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 49 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 49 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 49 - LRB103 25395 AWJ 51742 b 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. HB3940 Enrolled - 49 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 50 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 50 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 50 - LRB103 25395 AWJ 51742 b 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: HB3940 Enrolled - 50 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 51 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 51 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 51 - LRB103 25395 AWJ 51742 b 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, HB3940 Enrolled - 51 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 52 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 52 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 52 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 52 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 53 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 53 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 53 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 53 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 54 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 54 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 54 - LRB103 25395 AWJ 51742 b 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, HB3940 Enrolled - 54 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 55 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 55 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 55 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 55 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 56 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 56 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 56 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 56 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 57 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 57 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 57 - LRB103 25395 AWJ 51742 b 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, HB3940 Enrolled - 57 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 58 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 58 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 58 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 58 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 59 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 59 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 59 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 59 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 60 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 60 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 60 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 60 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 61 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 61 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 61 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 61 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 62 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 62 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 62 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 62 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 63 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 63 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 63 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 63 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 64 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 64 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 64 - LRB103 25395 AWJ 51742 b 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. HB3940 Enrolled - 64 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 65 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 65 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 65 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 65 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 66 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 66 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 66 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 66 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 67 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 67 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 67 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 67 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 68 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 68 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 68 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 68 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 69 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 69 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 69 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 69 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 70 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 70 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 70 - LRB103 25395 AWJ 51742 b 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 HB3940 Enrolled - 70 - LRB103 25395 AWJ 51742 b HB3940 Enrolled- 71 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 71 - LRB103 25395 AWJ 51742 b HB3940 Enrolled - 71 - LRB103 25395 AWJ 51742 b 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.) HB3940 Enrolled - 71 - LRB103 25395 AWJ 51742 b