Illinois 2023-2024 Regular Session

Illinois House Bill HB3940 Compare Versions

OldNewDifferences
1-Public Act 103-0366
21 HB3940 EnrolledLRB103 25395 AWJ 51742 b HB3940 Enrolled LRB103 25395 AWJ 51742 b
32 HB3940 Enrolled LRB103 25395 AWJ 51742 b
4-An Act concerning local government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-(30 ILCS 105/5.531 rep.)
8-Section 5. The State Finance Act is amended by repealing
9-Section 5.531.
10-Section 10. The Emergency Telephone System Act is amended
11-by changing Sections 2, 3, 6.2, 11.5, 14, 15.2, 15.3, 15.3a,
12-15.4, 15.4b, 15.5, 20, 30, 35, 40, 50, and 99 as follows:
13-(50 ILCS 750/2) (from Ch. 134, par. 32)
14-(Section scheduled to be repealed on December 31, 2023)
15-Sec. 2. Definitions. As used in this Act, unless the
16-context otherwise requires:
17-"9-1-1 network" means the network used for the delivery of
18-9-1-1 calls and messages over dedicated and redundant
19-facilities to a primary or backup 9-1-1 PSAP that meets the
20-appropriate grade of service.
21-"9-1-1 system" means the geographic area that has been
22-granted an order of authority by the Commission or the
23-Statewide 9-1-1 Administrator to use "9-1-1" as the primary
24-emergency telephone number, including, but not limited to, the
25-network, software applications, databases, CPE components and
3+1 An Act concerning local government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 (30 ILCS 105/5.531 rep.)
7+5 Section 5. The State Finance Act is amended by repealing
8+6 Section 5.531.
9+7 Section 10. The Emergency Telephone System Act is amended
10+8 by changing Sections 2, 3, 6.2, 11.5, 14, 15.2, 15.3, 15.3a,
11+9 15.4, 15.4b, 15.5, 20, 30, 35, 40, 50, and 99 as follows:
12+10 (50 ILCS 750/2) (from Ch. 134, par. 32)
13+11 (Section scheduled to be repealed on December 31, 2023)
14+12 Sec. 2. Definitions. As used in this Act, unless the
15+13 context otherwise requires:
16+14 "9-1-1 network" means the network used for the delivery of
17+15 9-1-1 calls and messages over dedicated and redundant
18+16 facilities to a primary or backup 9-1-1 PSAP that meets the
19+17 appropriate grade of service.
20+18 "9-1-1 system" means the geographic area that has been
21+19 granted an order of authority by the Commission or the
22+20 Statewide 9-1-1 Administrator to use "9-1-1" as the primary
23+21 emergency telephone number, including, but not limited to, the
24+22 network, software applications, databases, CPE components and
2625
2726
2827
2928 HB3940 Enrolled LRB103 25395 AWJ 51742 b
3029
3130
32-operational and management procedures required to provide
33-9-1-1 service.
34-"9-1-1 Authority" means an Emergency Telephone System
35-Board or Joint Emergency Telephone System Board that provides
36-for the management and operation of a 9-1-1 system. "9-1-1
37-Authority" includes the Illinois State Police only to the
38-extent it provides 9-1-1 services under this Act.
39-"9-1-1 System Manager" means the manager, director,
40-administrator, or coordinator who at the direction of his or
41-her Emergency Telephone System Board is responsible for the
42-implementation and execution of the order of authority issued
43-by the Commission or the Statewide 9-1-1 Administrator through
44-the programs, policies, procedures, and daily operations of
45-the 9-1-1 system consistent with the provisions of this Act.
46-"Administrator" means the Statewide 9-1-1 Administrator.
47-"Advanced service" means any telecommunications service
48-with or without dynamic bandwidth allocation, including, but
49-not limited to, ISDN Primary Rate Interface (PRI), that,
50-through the use of a DS-1, T-1, or other un-channelized or
51-multi-channel transmission facility, is capable of
52-transporting either the subscriber's inter-premises voice
53-telecommunications services to the public switched network or
54-the subscriber's 9-1-1 calls to the public agency.
55-"Aggregator" means an entity that ingresses 9-1-1 calls of
56-multiple traffic types or 9-1-1 calls from multiple
57-originating service providers and combines them on a trunk
58-
59-
60-group or groups (or equivalent egress connection arrangement
61-to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
62-system), and that uses the routing information provided in the
63-received call setup signaling to select the appropriate trunk
64-group and proceeds to signal call setup toward the 9-1-1
65-system provider. "Aggregator" includes an originating service
66-provider that provides aggregation functions for its own 9-1-1
67-calls. "Aggregator" also includes an aggregation network or an
68-aggregation entity that provides aggregator services for other
69-types of system providers, such as cloud-based services or
70-enterprise networks as its client.
71-"ALI" or "automatic location identification" means the
72-automatic display at the public safety answering point of the
73-address or location of the caller's telephone and
74-supplementary emergency services information of the location
75-from which a call originates.
76-"ANI" or "automatic number identification" means the
77-automatic display of the 10-digit telephone number associated
78-with the caller's telephone number.
79-"Automatic alarm" and "automatic alerting device" mean any
80-device that will access the 9-1-1 system for emergency
81-services upon activation and does not provide for two-way
82-communication.
83-"Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
84-Backup Answering Point, or VAP.
85-"Authorized entity" means an answering point or
86-
87-
88-participating agency other than a decommissioned PSAP.
89-"Backup PSAP" means an answering point that meets the
90-appropriate standards of service and serves as an alternate to
91-the PSAP operating independently from the PSAP at a different
92-location that has the capability to direct dispatch for the
93-PSAP or otherwise transfer emergency calls directly to an
94-authorized entity. A backup PSAP may accept overflow calls
95-from the PSAP or be activated if the primary PSAP is disabled.
96-"Board" means an Emergency Telephone System Board or a
97-Joint Emergency Telephone System Board created pursuant to
98-Section 15.4.
99-"Call back number" means a number used by a PSAP to
100-recontact a location from which a 9-1-1 call was placed,
101-regardless of whether that number is a direct-dial number for
102-a station used to originate a 9-1-1 call.
103-"Carrier" includes a telecommunications carrier and a
104-wireless carrier.
105-"Commission" means the Illinois Commerce Commission.
106-"Computer aided dispatch" or "CAD" means a computer-based
107-system that aids public safety telecommunicators by automating
108-selected dispatching and recordkeeping activities.
109-"Direct dispatch" means a 9-1-1 service wherein upon
110-receipt of an emergency call, a public safety telecommunicator
111-transmits - without delay, transfer, relay, or referral - all
112-relevant available information to the appropriate public
113-safety personnel or emergency responders.
114-
115-
116-"Dispatchable location" means the street address of a
117-9-1-1 caller and additional information, such as room number,
118-floor number, or similar information, necessary to identify
119-the location of the 9-1-1 caller.
120-"Decommissioned" means the revocation of a PSAPs authority
121-to handle 9-1-1 calls as an answering point within the 9-1-1
122-network.
123-"DS-1, T-1, or similar un-channelized or multi-channel
124-transmission facility" means a facility that can transmit and
125-receive a bit rate of at least 1.544 megabits per second
126-(Mbps).
127-"Dynamic bandwidth allocation" means the ability of the
128-facility or customer to drop and add channels, or adjust
129-bandwidth, when needed in real time for voice or data
130-purposes.
131-"Emergency call" means any type of request for emergency
132-assistance through a 9-1-1 network either to the digits 9-1-1
133-or the emergency 24/7 10-digit telephone number for all
134-answering points. An emergency call is not limited to a voice
135-telephone call. It could be a two-way video call, an
136-interactive text, Teletypewriter (TTY), an SMS, an Instant
137-Message, or any new mechanism for communications available in
138-the future. An emergency call occurs when the request for
139-emergency assistance is received by a public safety
140-telecommunicator.
141-"EMS personnel" has the meaning given to that term in
142-
143-
144-Section 3.5 of the Emergency Medical Services (EMS) Systems
145-Act.
146-"Enhanced 9-1-1" or "E9-1-1" means a telephone system that
147-includes network switching, database and PSAP premise elements
148-capable of providing automatic location identification data,
149-selective routing, selective transfer, fixed transfer, and a
150-call back number, including any enhanced 9-1-1 service so
151-designated by the Federal Communications Commission in its
152-report and order in WC Dockets Nos. 04-36 and 05-196, or any
153-successor proceeding.
154-"ETSB" means an emergency telephone system board appointed
155-by the corporate authorities of any county or municipality
156-that provides for the management and operation of a 9-1-1
157-system.
158-"First responder" means someone designated by a public
159-safety agency who is charged with responding to emergency
160-service requests, including emergency communications
161-professionals, public safety telecommunicators, public safety
162-telecommunicator supervisors, and police, fire, and EMS
163-personnel who operate in the field.
164-"Grade of service" means P.01 for E9-1-1 enhanced 9-1-1
165-services or the equivalent for NENA Baseline NG9-1-1 as set
166-forth in the NENA i3 Solution adopted standard for NG9-1-1.
167-"Hearing-impaired individual" means a person with a
168-permanent hearing loss who can regularly and routinely
169-communicate by telephone only through the aid of devices which
170-
171-
172-can send and receive written messages over the telephone
173-network.
174-"Hosted supplemental 9-1-1 service" means a database
175-service that:
176-(1) electronically provides information to 9-1-1 call
177-takers when a call is placed to 9-1-1;
178-(2) allows telephone subscribers to provide
179-information to 9-1-1 to be used in emergency scenarios;
180-(3) collects a variety of formatted data relevant to
181-9-1-1 and first responder needs, which may include, but is
182-not limited to, photographs of the telephone subscribers,
183-physical descriptions, medical information, household
184-data, and emergency contacts;
185-(4) allows for information to be entered by telephone
186-subscribers through a secure website where they can elect
187-to provide as little or as much information as they
188-choose;
189-(5) automatically displays data provided by telephone
190-subscribers to 9-1-1 call takers for all types of
191-telephones when a call is placed to 9-1-1 from a
192-registered and confirmed phone number;
193-(6) supports the delivery of telephone subscriber
194-information through a secure internet connection to all
195-emergency telephone system boards;
196-(7) works across all 9-1-1 call taking equipment and
197-allows for the easy transfer of information into a
198-
199-
200-computer aided dispatch system; and
201-(8) may be used to collect information pursuant to an
202-Illinois Premise Alert Program as defined in the Illinois
203-Premise Alert Program (PAP) Act.
204-"Interconnected voice over Internet protocol provider" or
205-"Interconnected VoIP provider" has the meaning given to that
206-term under Section 13-235 of the Public Utilities Act.
207-"Joint ETSB" means a Joint Emergency Telephone System
208-Board established by intergovernmental agreement of two or
209-more municipalities or counties, or a combination thereof, to
210-provide for the management and operation of a 9-1-1 system.
211-"Key telephone system" means a type of MLTS designed to
212-provide shared access to several outside lines through buttons
213-or keys typically offering identified access lines with direct
214-line appearance or termination on a given telephone set.
215-"Local public agency" means any unit of local government
216-or special purpose district located in whole or in part within
217-this State that provides or has authority to provide
218-firefighting, police, ambulance, medical, or other emergency
219-services.
220-"Mechanical dialer" means any device that accesses the
221-9-1-1 system without human intervention and does not provide
222-for two-way communication.
223-"Master Street Address Guide" or "MSAG" is a database of
224-street names and house ranges within their associated
225-communities defining emergency service zones (ESZs) and their
226-
227-
228-associated emergency service numbers (ESNs) to enable proper
229-routing of 9-1-1 calls.
230-"Mobile telephone number" or "MTN" means the telephone
231-number assigned to a wireless telephone at the time of initial
232-activation.
233-"Multi-line telephone system" or "MLTS" means a system
234-that is comprised of a common control unit or units, telephone
235-sets, control hardware and software, and adjunct systems and
236-that enables users to make and receive telephone calls using
237-shared resources, such as telephone network trunks or data
238-link bandwidth. The terms "multi-line telephone system" and
239-"MLTS" include, but are not limited to: network-based and
240-premises-based systems, such as Centrex service;
241-premises-based, hosted, and cloud-based VoIP systems; PBX,
242-hybrid, and key telephone systems (as classified by the
243-Federal Communications Commission under 47 CFR Part 68 or any
244-successor rules); and systems owned or leased by governmental
245-agencies, nonprofit entities, and for-profit businesses.
246-"Network connections" means the number of voice grade
247-communications channels directly between a subscriber and a
248-telecommunications carrier's public switched network, without
249-the intervention of any other telecommunications carrier's
250-switched network, which would be required to carry the
251-subscriber's inter-premises traffic and which connection
252-either (1) is capable of providing access through the public
253-switched network to a 9-1-1 Emergency Telephone System, if one
254-
255-
256-exists, or (2) if no system exists at the time a surcharge is
257-imposed under Section 15.3, that would be capable of providing
258-access through the public switched network to the local 9-1-1
259-Emergency Telephone System if one existed. Where multiple
260-voice grade communications channels are connected to a
261-telecommunications carrier's public switched network through a
262-private branch exchange (PBX) service, there shall be
263-determined to be one network connection for each trunk line
264-capable of transporting either the subscriber's inter-premises
265-traffic to the public switched network or the subscriber's
266-9-1-1 calls to the public agency. Where multiple voice grade
267-communications channels are connected to an OSP's public
268-switched network through Centrex type service, the number of
269-network connections shall be equal to the number of PBX trunk
270-equivalents for the subscriber's service or other multiple
271-voice grade communication channels facility, as determined by
272-reference to any generally applicable exchange access service
273-tariff filed by the subscriber's telecommunications carrier
274-with the Commission.
275-"Network costs" means those recurring costs that directly
276-relate to the operation of the 9-1-1 network as determined by
277-the Statewide 9-1-1 Administrator with the advice of the
278-Statewide 9-1-1 Advisory Board, which may include, but need
279-not be limited to, some or all of the following: costs for
280-interoffice trunks, selective routing charges, transfer lines
281-and toll charges for 9-1-1 services, Automatic Location
282-
283-
284-Information (ALI) database charges, independent local exchange
285-carrier charges and non-system provider charges, carrier
286-charges for third party database for on-site customer premises
287-equipment, back-up PSAP trunks for non-system providers,
288-periodic database updates as provided by carrier (also known
289-as "ALI data dump"), regional ALI storage charges, circuits
290-for call delivery (fiber or circuit connection), NG9-1-1
291-costs, and all associated fees, taxes, and surcharges on each
292-invoice. "Network costs" shall not include radio circuits or
293-toll charges that are other than for 9-1-1 services.
294-"Next generation 9-1-1" or "NG9-1-1" means a secure
295-Internet Protocol-based (IP-based) open-standards system
296-comprised of hardware, software, data, and operational
297-policies and procedures that:
298-(A) provides standardized interfaces from
299-emergency call and message services to support
300-emergency communications;
301-(B) processes all types of emergency calls,
302-including voice, text, data, and multimedia
303-information;
304-(C) acquires and integrates additional emergency
305-call data useful to call routing and handling;
306-(D) delivers the emergency calls, messages, and
307-data to the appropriate public safety answering point
308-and other appropriate emergency entities based on the
309-location of the caller;
310-
311-
312-(E) supports data, video, and other communications
313-needs for coordinated incident response and
314-management; and
315-(F) interoperates with services and networks used
316-by first responders to facilitate emergency response.
317-"NG9-1-1 costs" means those recurring costs that directly
318-relate to the Next Generation 9-1-1 service as determined by
319-the Statewide 9-1-1 Administrator with the advice of the
320-Statewide 9-1-1 Advisory Board, which may include, but need
321-not be limited to, costs for NENA i3 Core Components (Border
322-Control Function (BCF), Emergency Call Routing Function
323-(ECRF), Location Validation Function (LVF), Emergency Services
324-Routing Proxy (ESRP), Policy Store/Policy Routing Functions
325-(PSPRF), and Location Information Servers (LIS)), Statewide
326-ESInet, software external to the PSAP (data collection,
327-identity management, aggregation, and GIS functionality), and
328-gateways (legacy 9-1-1 tandems or gateways or both).
329-"Originating service provider" or "OSP" means the entity
330-that provides services to end users that may be used to
331-originate voice or nonvoice 9-1-1 requests for assistance and
332-who would interconnect, in any of various fashions, to the
333-9-1-1 system provider for purposes of delivering 9-1-1 traffic
334-to the public safety answering points.
335-"Private branch exchange" or "PBX" means a private
336-telephone system and associated equipment located on the
337-user's property that provides communications between internal
338-
339-
340-stations and external networks.
341-"Private business switch service" means network and
342-premises based systems including a VoIP, Centrex type service,
343-or PBX service, even though key telephone systems or
344-equivalent telephone systems registered with the Federal
345-Communications Commission under 47 CFR Part 68 are directly
346-connected to Centrex type and PBX systems. "Private business
347-switch service" does not include key telephone systems or
348-equivalent telephone systems registered with the Federal
349-Communications Commission under 47 CFR Part 68 when not used
350-in conjunction with a VoIP, Centrex type, or PBX systems.
351-"Private business switch service" typically includes, but is
352-not limited to, private businesses, corporations, and
353-industries where the telecommunications service is primarily
354-for conducting business.
355-"Private residential switch service" means network and
356-premise based systems including a VoIP, Centrex type service,
357-or PBX service or key telephone systems or equivalent
358-telephone systems registered with the Federal Communications
359-Commission under 47 CFR Part 68 that are directly connected to
360-a VoIP, Centrex type service, or PBX systems equipped for
361-switched local network connections or 9-1-1 system access to
362-residential end users through a private telephone switch.
363-"Private residential switch service" does not include key
364-telephone systems or equivalent telephone systems registered
365-with the Federal Communications Commission under 47 CFR Part
366-
367-
368-68 when not used in conjunction with a VoIP, Centrex type, or
369-PBX systems. "Private residential switch service" typically
370-includes, but is not limited to, apartment complexes,
371-condominiums, and campus or university environments where
372-shared tenant service is provided and where the usage of the
373-telecommunications service is primarily residential.
374-"Public agency" means the State, and any unit of local
375-government or special purpose district located in whole or in
376-part within this State, that provides or has authority to
377-provide firefighting, police, ambulance, medical, or other
378-emergency services.
379-"Public safety agency" means a functional division of a
380-public agency that provides firefighting, police, medical, or
381-other emergency services to respond to and manage emergency
382-incidents. For the purpose of providing wireless service to
383-users of 9-1-1 emergency services, as expressly provided for
384-in this Act, the Illinois State Police may be considered a
385-public safety agency.
386-"Public safety answering point" or "PSAP" means the
387-primary answering location of an emergency call that meets the
388-appropriate standards of service and is responsible for
389-receiving and processing those calls and events according to a
390-specified operational policy.
391-"PSAP representative" means the manager or supervisor of a
392-Public Safety Answering Point (PSAP) who oversees the daily
393-operational functions and is responsible for the overall
394-
395-
396-management and administration of the PSAP.
397-"Public safety telecommunicator" means any person employed
398-in a full-time or part-time capacity at an answering point
399-whose duties or responsibilities include answering, receiving,
400-or transferring an emergency call for dispatch to the
401-appropriate emergency responder.
402-"Public safety telecommunicator supervisor" means any
403-person employed in a full-time or part-time capacity at an
404-answering point or by a 9-1-1 Authority, whose primary duties
405-or responsibilities are to direct, administer, or manage any
406-public safety telecommunicator and whose responsibilities
407-include answering, receiving, or transferring an emergency
408-call for dispatch to the appropriate emergency responders.
409-"Referral" means a 9-1-1 service in which the public
410-safety telecommunicator provides the calling party with the
411-telephone number of the appropriate public safety agency or
412-other provider of emergency services.
413-"Regular service" means any telecommunications service,
414-other than advanced service, that is capable of transporting
415-either the subscriber's inter-premises voice
416-telecommunications services to the public switched network or
417-the subscriber's 9-1-1 calls to the public agency.
418-"Relay" means a 9-1-1 service in which the public safety
419-telecommunicator takes the pertinent information from a caller
420-and relays that information to the appropriate public safety
421-agency or other provider of emergency services.
422-
423-
424-"Remit period" means the billing period, one month in
425-duration, for which a wireless carrier remits a surcharge and
426-provides subscriber information by zip code to the Illinois
427-State Police, in accordance with Section 20 of this Act.
428-"Secondary Answering Point" or "SAP" means a location,
429-other than a PSAP, that is able to receive the voice, data, and
430-call back number of E9-1-1 or NG9-1-1 emergency calls
431-transferred from a PSAP and completes the call taking process
432-by dispatching police, medical, fire, or other emergency
433-responders.
434-"Shared residential MLTS service" means the use of one or
435-more MLTS or MLTS services to provide telephone service to
436-residential facilities, including, but not limited to,
437-single-family dwellings and multi-family dwellings, such as
438-apartments, even if the service is not individually billed.
439-"Shared telecommunications services" means the provision
440-of telecommunications and information management services and
441-equipment within a user group located in discrete private
442-premises in building complexes, campuses, or high-rise
443-buildings by a commercial shared services provider or by a
444-user association, through privately owned customer premises
445-equipment and associated data processing and information
446-management services. The term "shared telecommunications
447-services" includes the provisioning of connections to the
448-facilities of a local exchange carrier or an interexchange
449-carrier.
450-
451-
452-"Statewide wireless emergency 9-1-1 system" means all
453-areas of the State where an emergency telephone system board
454-has not declared its intention for one or more of its public
455-safety answering points to serve as a primary wireless 9-1-1
456-public safety answering point for its jurisdiction. The
457-operator of the statewide wireless emergency 9-1-1 system
458-shall be the Illinois State Police.
459-"System" means the communications equipment and related
460-software applications required to produce a response by the
461-appropriate emergency public safety agency or other provider
462-of emergency services as a result of an emergency call being
463-placed to 9-1-1.
464-"System provider" means the contracted entity providing
465-9-1-1 network and database services.
466-"Telecommunications carrier" means those entities included
467-within the definition specified in Section 13-202 of the
468-Public Utilities Act, and includes those carriers acting as
469-resellers of telecommunications services. "Telecommunications
470-carrier" includes telephone systems operating as mutual
471-concerns. "Telecommunications carrier" does not include a
472-wireless carrier.
473-"Telecommunications technology" means equipment that can
474-send and receive written messages over the telephone network.
475-"Temporary residence MLTS" means the use of a MLTS or MLTS
476-service to provide telephone service to occupants of temporary
477-or transient dwellings, including, but not limited to,
478-
479-
480-dormitories, hotels, motels, health care facilities, and
481-nursing homes, or other similar facilities.
482-"Transfer" means a 9-1-1 service in which the public
483-safety telecommunicator, who receives an emergency call,
484-transmits, redirects, or conferences that call to the
485-appropriate public safety agency or other provider of
486-emergency services. "Transfer" shall not include a relay or
487-referral of the information without transferring the caller.
488-"Transmitting messages" shall have the meaning given to
489-that term under Section 8-11-2 of the Illinois Municipal Code.
490-"Trunk line" means a transmission path, or group of
491-transmission paths, connecting a subscriber's PBX to a
492-telecommunications carrier's public switched network. In the
493-case of regular service, each voice grade communications
494-channel or equivalent amount of bandwidth capable of
495-transporting either the subscriber's inter-premises voice
496-telecommunications services to the public switched network or
497-the subscriber's 9-1-1 calls to the public agency shall be
498-considered a trunk line, even if it is bundled with other
499-channels or additional bandwidth. In the case of advanced
500-service, each DS-1, T-1, or other un-channelized or
501-multi-channel transmission facility that is capable of
502-transporting either the subscriber's inter-premises voice
503-telecommunications services to the public switched network or
504-the subscriber's 9-1-1 calls to the public agency shall be
505-considered a single trunk line, even if it contains multiple
506-
507-
508-voice grade communications channels or otherwise supports 2 or
509-more voice grade calls at a time; provided, however, that each
510-additional increment of up to 24 voice grade channels of
511-transmission capacity that is capable of transporting either
512-the subscriber's inter-premises voice telecommunications
513-services to the public switched network or the subscriber's
514-9-1-1 calls to the public agency shall be considered an
515-additional trunk line.
516-"Unmanned backup answering point" means an answering point
517-that serves as an alternate to the PSAP at an alternate
518-location and is typically unmanned but can be activated if the
519-primary PSAP is disabled.
520-"Virtual answering point" or "VAP" means a temporary or
521-nonpermanent location that is capable of receiving an
522-emergency call, contains a fully functional worksite that is
523-not bound to a specific location, but rather is portable and
524-scalable, connecting public safety telecommunicators to the
525-work process, and is capable of completing the call
526-dispatching process.
527-"Voice-impaired individual" means a person with a
528-permanent speech disability which precludes oral
529-communication, who can regularly and routinely communicate by
530-telephone only through the aid of devices which can send and
531-receive written messages over the telephone network.
532-"Wireless carrier" means a provider of two-way cellular,
533-broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
534-
535-
536-Mobile Radio Service (CMRS), Wireless Communications Service
537-(WCS), or other Commercial Mobile Radio Service (CMRS), as
538-defined by the Federal Communications Commission, offering
539-radio communications that may provide fixed, mobile, radio
540-location, or satellite communication services to individuals
541-or businesses within its assigned spectrum block and
542-geographical area or that offers real-time, two-way voice
543-service that is interconnected with the public switched
544-network, including a reseller of such service.
545-"Wireless enhanced 9-1-1" means the ability to relay the
546-telephone number of the originator of a 9-1-1 call and
547-location information from any mobile handset or text telephone
548-device accessing the wireless system to the designated
549-wireless public safety answering point as set forth in the
550-order of the Federal Communications Commission, FCC Docket No.
551-94-102, adopted June 12, 1996, with an effective date of
552-October 1, 1996, and any subsequent amendment thereto.
553-"Wireless public safety answering point" means the
554-functional division of a 9-1-1 authority accepting wireless
555-9-1-1 calls.
556-"Wireless subscriber" means an individual or entity to
557-whom a wireless service account or number has been assigned by
558-a wireless carrier, other than an account or number associated
559-with prepaid wireless telecommunication service.
560-(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
561-102-813, eff. 5-13-22; 102-983, eff. 5-27-22.)
562-
563-
564-(50 ILCS 750/3) (from Ch. 134, par. 33)
565-(Section scheduled to be repealed on December 31, 2023)
566-Sec. 3. (a) By July 1, 2017, every local public agency
567-shall be within the jurisdiction of a 9-1-1 system.
568-(b) Within 36 18 months of the awarding of a contract to a
569-vendor certified under Section 13-900 of the Public Utilities
570-Act to provide Next Generation 9-1-1 service, every 9-1-1
571-system in Illinois, except in a municipality with a population
572-over 500,000, shall provide Next Generation 9-1-1 service. A
573-municipality with a population over 500,000 shall provide Next
574-Generation 9-1-1 service by July 1, 2024 December 31, 2023.
575-(c) Nothing in this Act shall be construed to prohibit or
576-discourage in any way the formation of multijurisdictional or
577-regional systems, and any system established pursuant to this
578-Act may include the territory of more than one public agency or
579-may include a segment of the territory of a public agency.
580-(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
581-(50 ILCS 750/6.2)
582-(Section scheduled to be repealed on December 31, 2023)
583-Sec. 6.2. Every 9-1-1 system shall be able to accept text
584-to 9-1-1 no later than July 1, 2024 January 1, 2023. The
585-Illinois State Police shall adopt rules for the implementation
586-of this Section.
587-(Source: P.A. 102-9, eff. 6-3-21.)
588-
589-
590-(50 ILCS 750/11.5)
591-(Section scheduled to be repealed on December 31, 2023)
592-Sec. 11.5. Aggregator and originating service provider
593-responsibilities.
594-(a) Each aggregator, and the originating service providers
595-whose 9-1-1 calls are being aggregated by the aggregator,
596-shall comply with their respective requirements in 83 Ill.
597-Adm. Code 725.410.
598-(b) Beginning February 1, 2024 and every February 1
599-thereafter July 1, 2021, each aggregator that is operating
600-within the State must submit email the Office of the Statewide
601-9-1-1 Administrator to provide the following information that
602-supports the implementation of and the migration to the
603-Statewide NG9-1-1 system to the Office of the Statewide 9-1-1
604-Administrator on a form prescribed and made available by the
605-Illinois State Police for this purpose:
606-(1) A company 9-1-1 contact, address, email, and phone
607-number.
608-(2) A list of originating service providers that the
609-aggregator transports 9-1-1 calls for and then to the
610-appropriate 9-1-1 system provider. New or current
611-aggregators must update the required information within 30
612-days of implementing any changes in information required
613-by this subsection.
614-(c) Each aggregator shall establish procedures for
615-
616-
617-receiving No Record Found errors from the 9-1-1 System
618-Provider, identifying the originating service provider who
619-delivered the call to the aggregator, and referring the No
620-Record Found errors to that originating service provider.
621-(d) Each originating service provider shall establish
622-procedures with the 9-1-1 system provider for preventing and
623-resolving No Record Found errors in the 9-1-1 database and
624-make every effort to ensure 9-1-1 calls are sent to the
625-appropriate public safety answering point.
626-(e) If a 9-1-1 system is being transitioned to NG9-1-1
627-service or to a new provider, each aggregator shall be
628-responsible for coordinating any modifications that are needed
629-to ensure that the originating service provider provides the
630-required level of service to its customers. Each aggregator
631-shall coordinate those network changes or additions for those
632-migrations in a timely manner with the appropriate 9-1-1
633-system provider who shall be managing its respective
634-implementation schedule and cut over. Each aggregator shall
635-send notice to its originating service provider customers of
636-the aggregator's successful turn up of the network changes or
637-additions supporting the migration and include the necessary
638-information for the originating service provider's migration
639-(such as public safety answering point name, Federal
640-Communications Commission Identification, and Emergency
641-Services Routing Number). The notice shall be provided to the
642-originating service providers within 2 weeks of acceptance
643-
644-
645-testing and conversion activities between the aggregator and
646-the 9-1-1 system provider.
647-(f) The 9-1-1 system provider shall coordinate directly
648-with the originating service providers (unless the aggregator
649-separately agrees to coordinate with the originating service
650-providers) for migration, but in no case shall that migration
651-exceed 30 days after receipt of notice from the aggregator,
652-unless agreed to by the originating service provider and 9-1-1
653-system provider.
654-(g) Each aggregator shall coordinate test calls with the
655-9-1-1 system provider and the 9-1-1 Authority when turning up
656-new circuits or making network changes. Each originating
657-service provider shall perform testing of its network and
658-provisioning upon notification from the aggregator that the
659-network has been tested and accepted with the 9-1-1 system
660-provider.
661-(h) Each aggregator and originating service provider
662-customer shall deliver all 9-1-1 calls, audio, data, and
663-location to the 9-1-1 system at a location determined by the
664-State.
665-(Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21.)
666-(50 ILCS 750/14) (from Ch. 134, par. 44)
667-(Section scheduled to be repealed on December 31, 2023)
668-Sec. 14. The General Assembly declares that a major
669-purpose of this Act is to ensure that 9-1-1 systems have
670-
671-
672-redundant methods of dispatch for: (1) each public safety
673-agency within its jurisdiction, herein known as participating
674-agencies; and (2) 9-1-1 systems whose jurisdictional
675-boundaries are contiguous, herein known as adjacent 9-1-1
676-systems, when an emergency request for service is received for
677-a public safety agency that needs to be dispatched by the
678-adjacent 9-1-1 system. Another primary purpose of this Section
679-is to eliminate instances in which a public safety agency
680-refuses, once dispatched, to render aid outside of the
681-jurisdictional boundaries of the public safety agency.
682-Therefore, in implementing a 9-1-1 system under this Act, all
683-9-1-1 authorities shall enter into call handling and aid
684-outside jurisdictional boundaries agreements with each
685-participating agency and adjacent 9-1-1 system. The agreements
686-shall provide a primary and secondary means of dispatch. It
687-must also provide that, once an emergency unit is dispatched
688-in response to a request through the system, such unit shall
689-render its services to the requesting party without regard to
690-whether the unit is operating outside its normal
691-jurisdictional boundaries. The call handling and aid outside
692-jurisdictional boundaries agreements shall be incorporated
693-into the plan filed under Section 11. Notice of any changes to
694-call handling and aid outside jurisdictional boundaries
695-agreements must be made annually during the financial
696-reporting process Certified notification of the continuation
697-of call handling and aid outside jurisdictional boundaries
698-
699-
700-agreements shall be made among the involved parties on an
701-annual basis. The Illinois State Police may adopt rules for
702-the administration of this Section.
703-(Source: P.A. 102-9, eff. 6-3-21.)
704-(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
705-(Section scheduled to be repealed on December 31, 2023)
706-Sec. 15.2. Any person placing a call or text an "emergency
707-call" to the number "911" or causing a transmission, in any
708-manner, to a public safety agency or public safety answering
709-point for the purpose of making an alarm or complaint and
710-reporting false information when, at the time the call, text,
711-or transmission is made, the person knows there is no
712-reasonable ground for making the call, text, or transmission
713-and further knows that the call , text, or transmission could
714-result in the emergency response of any public safety agency,
715-is subject to the provisions of Section 26-1 of the Criminal
716-Code of 2012.
717-(Source: P.A. 102-9, eff. 6-3-21.)
718-(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
719-(Section scheduled to be repealed on December 31, 2023)
720-Sec. 15.3. Local non-wireless surcharge.
721-(a) Except as provided in subsection (l) of this Section,
722-the corporate authorities of any municipality or any county
723-may, subject to the limitations of subsections (c), (d), and
724-
725-
726-(h), and in addition to any tax levied pursuant to the
727-Simplified Municipal Telecommunications Tax Act, impose a
728-monthly surcharge on billed subscribers of network connection
729-provided by telecommunication carriers engaged in the business
730-of transmitting messages by means of electricity originating
731-within the corporate limits of the municipality or county
732-imposing the surcharge at a rate per network connection
733-determined in accordance with subsection (c), however the
734-monthly surcharge shall not apply to a network connection
735-provided for use with pay telephone services. Provided,
736-however, that where multiple voice grade communications
737-channels are connected between the subscriber's premises and a
738-public switched network through private branch exchange (PBX)
739-or centrex type service, a municipality imposing a surcharge
740-at a rate per network connection, as determined in accordance
741-with this Act, shall impose:
742-(i) in a municipality with a population of 500,000 or
743-less or in any county, 5 such surcharges per network
744-connection, as defined under Section 2 of this Act, for
745-both regular service and advanced service provisioned
746-trunk lines;
747-(ii) in a municipality with a population, prior to
748-March 1, 2010, of 500,000 or more, 5 surcharges per
749-network connection, as defined under Section 2 of this
750-Act, for both regular service and advanced service
751-provisioned trunk lines;
752-
753-
754-(iii) in a municipality with a population, as of March
755-1, 2010, of 500,000 or more, 5 surcharges per network
756-connection, as defined under Section 2 of this Act, for
757-regular service provisioned trunk lines, and 12 surcharges
758-per network connection, as defined under Section 2 of this
759-Act, for advanced service provisioned trunk lines, except
760-where an advanced service provisioned trunk line supports
761-at least 2 but fewer than 23 simultaneous voice grade
762-calls ("VGC's"), a telecommunication carrier may elect to
763-impose fewer than 12 surcharges per trunk line as provided
764-in subsection (iv) of this Section; or
765-(iv) for an advanced service provisioned trunk line
766-connected between the subscriber's premises and the public
767-switched network through a P.B.X., where the advanced
768-service provisioned trunk line is capable of transporting
769-at least 2 but fewer than 23 simultaneous VGC's per trunk
770-line, the telecommunications carrier collecting the
771-surcharge may elect to impose surcharges in accordance
772-with the table provided in this Section, without limiting
773-any telecommunications carrier's obligations to otherwise
774-keep and maintain records. Any telecommunications carrier
775-electing to impose fewer than 12 surcharges per an
776-advanced service provisioned trunk line shall keep and
777-maintain records adequately to demonstrate the VGC
778-capability of each advanced service provisioned trunk line
779-with fewer than 12 surcharges imposed, provided that 12
780-
781-
782-surcharges shall be imposed on an advanced service
783-provisioned trunk line regardless of the VGC capability
784-where a telecommunications carrier cannot demonstrate the
785-VGC capability of the advanced service provisioned trunk
786-line.
787-Facility VGC's 911 Surcharges Advanced service provisioned trunk line 18-23 12 Advanced service provisioned trunk line 12-17 10 Advanced service provisioned trunk line 2-11 8 Facility VGC's 911 Surcharges Advanced service provisioned trunk line 18-23 12 Advanced service provisioned trunk line 12-17 10 Advanced service provisioned trunk line 2-11 8
788-Facility VGC's 911 Surcharges
789-Advanced service provisioned trunk line 18-23 12
790-Advanced service provisioned trunk line 12-17 10
791-Advanced service provisioned trunk line 2-11 8
792-Subsections (i), (ii), (iii), and (iv) are not intended to
793-make any change in the meaning of this Section, but are
794-intended to remove possible ambiguity, thereby confirming the
795-intent of paragraph (a) as it existed prior to and following
796-the effective date of this amendatory Act of the 97th General
797-Assembly.
798-For mobile telecommunications services, if a surcharge is
799-imposed it shall be imposed based upon the municipality or
800-county that encompasses the customer's place of primary use as
801-defined in the Mobile Telecommunications Sourcing Conformity
802-Act. A municipality may enter into an intergovernmental
803-agreement with any county in which it is partially located,
804-when the county has adopted an ordinance to impose a surcharge
805-as provided in subsection (c), to include that portion of the
806-municipality lying outside the county in that county's
807-
808-
809-Facility VGC's 911 Surcharges
810-Advanced service provisioned trunk line 18-23 12
811-Advanced service provisioned trunk line 12-17 10
812-Advanced service provisioned trunk line 2-11 8
813-
814-
815-surcharge referendum. If the county's surcharge referendum is
816-approved, the portion of the municipality identified in the
817-intergovernmental agreement shall automatically be
818-disconnected from the county in which it lies and connected to
819-the county which approved the referendum for purposes of a
820-surcharge on telecommunications carriers.
821-(b) For purposes of computing the surcharge imposed by
822-subsection (a), the network connections to which the surcharge
823-shall apply shall be those in-service network connections,
824-other than those network connections assigned to the
825-municipality or county, where the service address for each
826-such network connection or connections is located within the
827-corporate limits of the municipality or county levying the
828-surcharge. Except for mobile telecommunication services, the
829-"service address" shall mean the location of the primary use
830-of the network connection or connections. For mobile
831-telecommunication services, "service address" means the
832-customer's place of primary use as defined in the Mobile
833-Telecommunications Sourcing Conformity Act.
834-(c) Upon the passage of an ordinance to impose a surcharge
835-under this Section the clerk of the municipality or county
836-shall certify the question of whether the surcharge may be
837-imposed to the proper election authority who shall submit the
838-public question to the electors of the municipality or county
839-in accordance with the general election law; provided that
840-such question shall not be submitted at a consolidated primary
841-
842-
843-election. The public question shall be in substantially the
844-following form:
845--------------------------------------------------------------
846-Shall the county (or city, village
847-or incorporated town) of ..... impose YES
848-a surcharge of up to ... per month per
849-network connection, which surcharge will
850-be added to the monthly bill you receive ------------------
851-for telephone or telecommunications
852-charges, for the purpose of installing
853-(or improving) a 9-1-1 Emergency NO
854-Telephone System?
855--------------------------------------------------------------
856-If a majority of the votes cast upon the public question
857-are in favor thereof, the surcharge shall be imposed.
858-However, if a Joint Emergency Telephone System Board is to
859-be created pursuant to an intergovernmental agreement under
860-Section 15.4, the ordinance to impose the surcharge shall be
861-subject to the approval of a majority of the total number of
862-votes cast upon the public question by the electors of all of
863-the municipalities or counties, or combination thereof, that
864-are parties to the intergovernmental agreement.
865-The referendum requirement of this subsection (c) shall
866-not apply to any municipality with a population over 500,000
867-or to any county in which a proposition as to whether a
868-sophisticated 9-1-1 Emergency Telephone System should be
869-
870-
871-installed in the county, at a cost not to exceed a specified
872-monthly amount per network connection, has previously been
873-approved by a majority of the electors of the county voting on
874-the proposition at an election conducted before the effective
875-date of this amendatory Act of 1987.
876-(d) A county may not impose a surcharge, unless requested
877-by a municipality, in any incorporated area which has
878-previously approved a surcharge as provided in subsection (c)
879-or in any incorporated area where the corporate authorities of
880-the municipality have previously entered into a binding
881-contract or letter of intent with a telecommunications carrier
882-to provide sophisticated 9-1-1 service through municipal
883-funds.
884-(e) A municipality or county may at any time by ordinance
885-change the rate of the surcharge imposed under this Section if
886-the new rate does not exceed the rate specified in the
887-referendum held pursuant to subsection (c).
888-(f) The surcharge authorized by this Section shall be
889-collected from the subscriber by the telecommunications
890-carrier providing the subscriber the network connection as a
891-separately stated item on the subscriber's bill.
892-(g) The amount of surcharge collected by the
893-telecommunications carrier shall be paid to the particular
894-municipality or county or Joint Emergency Telephone System
895-Board not later than 30 days after the surcharge is collected,
896-net of any network or other 9-1-1 or sophisticated 9-1-1
897-
898-
899-system charges then due the particular telecommunications
900-carrier, as shown on an itemized bill. The telecommunications
901-carrier collecting the surcharge shall also be entitled to
902-deduct 3% of the gross amount of surcharge collected to
903-reimburse the telecommunications carrier for the expense of
904-accounting and collecting the surcharge.
905-(h) Except as expressly provided in subsection (a) of this
906-Section, on or after the effective date of this amendatory Act
907-of the 98th General Assembly and until December 31, 2017, a
908-municipality with a population of 500,000 or more shall not
909-impose a monthly surcharge per network connection in excess of
910-the highest monthly surcharge imposed as of January 1, 2014 by
911-any county or municipality under subsection (c) of this
912-Section. Beginning January 1, 2018 and until December 31, 2025
913-2023, a municipality with a population over 500,000 may not
914-impose a monthly surcharge in excess of $5.00 per network
915-connection. On or after January 1, 2026 2024, a municipality
916-with a population over 500,000 may not impose a monthly
917-surcharge in excess of $2.50 per network connection.
918-(i) Any municipality or county or joint emergency
919-telephone system board that has imposed a surcharge pursuant
920-to this Section prior to the effective date of this amendatory
921-Act of 1990 shall hereafter impose the surcharge in accordance
922-with subsection (b) of this Section.
923-(j) The corporate authorities of any municipality or
924-county may issue, in accordance with Illinois law, bonds,
925-
926-
927-notes or other obligations secured in whole or in part by the
928-proceeds of the surcharge described in this Section. The State
929-of Illinois pledges and agrees that it will not limit or alter
930-the rights and powers vested in municipalities and counties by
931-this Section to impose the surcharge so as to impair the terms
932-of or affect the security for bonds, notes or other
933-obligations secured in whole or in part with the proceeds of
934-the surcharge described in this Section. The pledge and
935-agreement set forth in this Section survive the termination of
936-the surcharge under subsection (l) by virtue of the
937-replacement of the surcharge monies guaranteed under Section
938-20; the State of Illinois pledges and agrees that it will not
939-limit or alter the rights vested in municipalities and
940-counties to the surcharge replacement funds guaranteed under
941-Section 20 so as to impair the terms of or affect the security
942-for bonds, notes or other obligations secured in whole or in
943-part with the proceeds of the surcharge described in this
944-Section.
945-(k) Any surcharge collected by or imposed on a
946-telecommunications carrier pursuant to this Section shall be
947-held to be a special fund in trust for the municipality, county
948-or Joint Emergency Telephone Board imposing the surcharge.
949-Except for the 3% deduction provided in subsection (g) above,
950-the special fund shall not be subject to the claims of
951-creditors of the telecommunication carrier.
952-(l) Any surcharge imposed pursuant to this Section by a
953-
954-
955-county or municipality, other than a municipality with a
956-population in excess of 500,000, shall cease to be imposed on
957-January 1, 2016.
958-(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
959-(50 ILCS 750/15.3a)
960-(Section scheduled to be repealed on December 31, 2023)
961-Sec. 15.3a. Local wireless surcharge.
962-(a) Notwithstanding any other provision of this Act, a
963-unit of local government or emergency telephone system board
964-providing wireless 9-1-1 service and imposing and collecting a
965-wireless carrier surcharge prior to July 1, 1998 may continue
966-its practices of imposing and collecting its wireless carrier
967-surcharge, but, except as provided in subsection (b) of this
968-Section, in no event shall that monthly surcharge exceed $2.50
969-per commercial mobile radio service (CMRS) connection or
970-in-service telephone number billed on a monthly basis. For
971-mobile telecommunications services provided on and after
972-August 1, 2002, any surcharge imposed shall be imposed based
973-upon the municipality or county that encompasses the
974-customer's place of primary use as defined in the Mobile
975-Telecommunications Sourcing Conformity Act.
976-(b) Until December 31, 2017, the corporate authorities of
977-a municipality with a population in excess of 500,000 on the
978-effective date of this amendatory Act of the 99th General
979-Assembly may by ordinance continue to impose and collect a
980-
981-
982-monthly surcharge per commercial mobile radio service (CMRS)
983-connection or in-service telephone number billed on a monthly
984-basis that does not exceed the highest monthly surcharge
985-imposed as of January 1, 2014 by any county or municipality
986-under subsection (c) of Section 15.3 of this Act. Beginning
987-January 1, 2018, and until December 31, 2025 2023, a
988-municipality with a population in excess of 500,000 may by
989-ordinance continue to impose and collect a monthly surcharge
990-per commercial mobile radio service (CMRS) connection or
991-in-service telephone number billed on a monthly basis that
992-does not exceed $5.00. On or after January 1, 2026 2024, the
993-municipality may continue imposing and collecting its wireless
994-carrier surcharge as provided in and subject to the
995-limitations of subsection (a) of this Section.
996-(c) In addition to any other lawful purpose, a
997-municipality with a population over 500,000 may use the moneys
998-collected under this Section for any anti-terrorism or
999-emergency preparedness measures, including, but not limited
1000-to, preparedness planning, providing local matching funds for
1001-federal or State grants, personnel training, and specialized
1002-equipment, including surveillance cameras, as needed to deal
1003-with natural and terrorist-inspired emergency situations or
1004-events.
1005-(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
1006-(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
1007-
1008-
1009-(Section scheduled to be repealed on December 31, 2023)
1010-Sec. 15.4. Emergency Telephone System Board; powers.
1011-(a) Except as provided in subsection (e) of this Section,
1012-the corporate authorities of any county or municipality may
1013-establish an Emergency Telephone System Board.
1014-The corporate authorities shall provide for the manner of
1015-appointment and the number of members of the Board, provided
1016-that the board shall consist of not fewer than 5 members, one
1017-of whom must be a public member who is a resident of the local
1018-exchange service territory included in the 9-1-1 coverage
1019-area, one of whom (in counties with a population less than
1020-100,000) may be a member of the county board, and at least 3 of
1021-whom shall be representative of the 9-1-1 public safety
1022-agencies, including but not limited to police departments,
1023-fire departments, emergency medical services providers, and
1024-emergency services and disaster agencies, and appointed on the
1025-basis of their ability or experience. In counties with a
1026-population of more than 100,000 but less than 2,000,000, a
1027-member of the county board may serve on the Emergency
1028-Telephone System Board. Elected officials, including members
1029-of a county board, are also eligible to serve on the board.
1030-Members of the board shall serve without compensation but
1031-shall be reimbursed for their actual and necessary expenses.
1032-Any 2 or more municipalities, counties, or combination
1033-thereof, may, instead of establishing individual boards,
1034-establish by intergovernmental agreement a Joint Emergency
1035-
1036-
1037-Telephone System Board pursuant to this Section. The manner of
1038-appointment of such a joint board shall be prescribed in the
1039-agreement. On or after the effective date of this amendatory
1040-Act of the 100th General Assembly, any new intergovernmental
1041-agreement entered into to establish or join a Joint Emergency
1042-Telephone System Board shall provide for the appointment of a
1043-PSAP representative to the board.
1044-Upon the effective date of this amendatory Act of the 98th
1045-General Assembly, appointed members of the Emergency Telephone
1046-System Board shall serve staggered 3-year terms if: (1) the
1047-Board serves a county with a population of 100,000 or less; and
1048-(2) appointments, on the effective date of this amendatory Act
1049-of the 98th General Assembly, are not for a stated term. The
1050-corporate authorities of the county or municipality shall
1051-assign terms to the board members serving on the effective
1052-date of this amendatory Act of the 98th General Assembly in the
1053-following manner: (1) one-third of board members' terms shall
1054-expire on January 1, 2015; (2) one-third of board members'
1055-terms shall expire on January 1, 2016; and (3) remaining board
1056-members' terms shall expire on January 1, 2017. Board members
1057-may be re-appointed upon the expiration of their terms by the
1058-corporate authorities of the county or municipality.
1059-The corporate authorities of a county or municipality may,
1060-by a vote of the majority of the members elected, remove an
1061-Emergency Telephone System Board member for misconduct,
1062-official misconduct, or neglect of office.
1063-
1064-
1065-(b) The powers and duties of the board shall be defined by
1066-ordinance of the municipality or county, or by
1067-intergovernmental agreement in the case of a joint board. The
1068-powers and duties shall include, but need not be limited to the
1069-following:
1070-(1) Planning a 9-1-1 system.
1071-(2) Coordinating and supervising the implementation,
1072-upgrading, or maintenance of the system, including the
1073-establishment of equipment specifications and coding
1074-systems.
1075-(3) Receiving moneys from the surcharge imposed under
1076-Section 15.3, or disbursed to it under Section 30, and
1077-from any other source, for deposit into the Emergency
1078-Telephone System Fund.
1079-(4) Authorizing all disbursements from the fund.
1080-(5) Hiring any staff necessary for the implementation
1081-or upgrade of the system.
1082-(6) (Blank).
1083-(7) Designating a 9-1-1 System Manager, whose duties
1084-and responsibilities shall be set forth by the Emergency
1085-Telephone System Board in writing.
1086-(c) All moneys received by a board pursuant to a surcharge
1087-imposed under Section 15.3, or disbursed to it under Section
1088-30, shall be deposited into a separate interest-bearing
1089-Emergency Telephone System Fund account. The treasurer of the
1090-municipality or county that has established the board or, in
1091-
1092-
1093-the case of a joint board, any municipal or county treasurer
1094-designated in the intergovernmental agreement, shall be
1095-custodian of the fund. All interest accruing on the fund shall
1096-remain in the fund. No expenditures may be made from such fund
1097-except upon the direction of the board by resolution passed by
1098-a majority of all members of the board.
1099-(d) The board shall complete and maintain a Next
1100-Generation 9-1-1 GIS database in accordance with NENA
1101-Standards before implementation of the NG9-1-1 system. The
1102-MSAG and GIS data standardizing and synchronization must reach
1103-a 98% or greater match rate, with an option of matching with
1104-ALI, before using GIS data for NG9-1-1 a Master Street Address
1105-Guide database before implementation of the 9-1-1 system. The
1106-error ratio of the database shall not at any time exceed 1% of
1107-the total database.
1108-(e) On and after January 1, 2016, no municipality or
1109-county may create an Emergency Telephone System Board unless
1110-the board is a Joint Emergency Telephone System Board. The
1111-corporate authorities of any county or municipality entering
1112-into an intergovernmental agreement to create or join a Joint
1113-Emergency Telephone System Board shall rescind an ordinance or
1114-ordinances creating a single Emergency Telephone System Board
1115-and shall eliminate the single Emergency Telephone System
1116-Board, effective upon the creation of the Joint Emergency
1117-Telephone System Board, with regulatory approval by the
1118-Administrator, or joining of the Joint Emergency Telephone
1119-
1120-
1121-System Board. Nothing in this Section shall be construed to
1122-require the dissolution of an Emergency Telephone System Board
1123-that is not succeeded by a Joint Emergency Telephone System
1124-Board or is not required to consolidate under Section 15.4a of
1125-this Act.
1126-(f) Within one year after the effective date of this
1127-amendatory Act of the 100th General Assembly, any corporate
1128-authorities of a county or municipality, other than a
1129-municipality with a population of more than 500,000, operating
1130-a 9-1-1 system without an Emergency Telephone System Board or
1131-Joint Emergency Telephone System Board shall create or join a
1132-Joint Emergency Telephone System Board.
1133-(Source: P.A. 102-9, eff. 6-3-21.)
1134-(50 ILCS 750/15.4b)
1135-(Section scheduled to be repealed on December 31, 2023)
1136-Sec. 15.4b. Consolidation grants.
1137-(a) The Administrator, with the advice and recommendation
1138-of the Statewide 9-1-1 Advisory Board, shall administer a
1139-9-1-1 System Consolidation Grant Program to defray costs
1140-associated with 9-1-1 system consolidation of systems outside
1141-of a municipality with a population in excess of 500,000. The
1142-awarded grants will be used to offset non-recurring costs
1143-associated with the consolidation of 9-1-1 systems and shall
1144-not be used for ongoing operating costs associated with the
1145-consolidated system. The Illinois State Police, in
1146-
1147-
1148-consultation with the Administrator and the Statewide 9-1-1
1149-Advisory Board, shall adopt rules defining the grant process
1150-and criteria for issuing the grants. The grants should be
1151-awarded based on criteria that include, but are not limited
1152-to:
1153-(1) reducing the number of transfers of a 9-1-1 call;
1154-(2) reducing the infrastructure required to adequately
1155-provide 9-1-1 network services;
1156-(3) promoting cost savings from resource sharing among
1157-9-1-1 systems;
1158-(4) facilitating interoperability and resiliency for
1159-the receipt of 9-1-1 calls;
1160-(5) reducing the number of 9-1-1 systems or reducing
1161-the number of PSAPs within a 9-1-1 system;
1162-(6) cost saving resulting from 9-1-1 system
1163-consolidation; and
1164-(7) expanding NG9-1-1 E9-1-1 service coverage as a
1165-result of 9-1-1 system consolidation including to areas
1166-without E9-1-1 service.
1167-Priority shall be given first to counties not providing
1168-9-1-1 service as of January 1, 2016, and next to other entities
1169-consolidating as required under Section 15.4a of this Act.
1170-(b) The 9-1-1 System Consolidation Grant application, as
1171-defined by Illinois State Police rules, shall be submitted
1172-electronically using the State's grant management system by
1173-February 1, 2024 and every February 1 to the Administrator
1174-
1175-
1176-starting January 2, 2016, and every January 2 thereafter. The
1177-application shall include a modified 9-1-1 system plan as
1178-required by this Act in support of the consolidation plan. The
1179-Administrator shall have until June 30, 2016 and every June 30
1180-thereafter to approve 9-1-1 System Consolidation grants and
1181-modified 9-1-1 system plans. Payment under the approved 9-1-1
1182-System Consolidation grants shall be contingent upon the final
1183-approval of a modified 9-1-1 system plan.
1184-(c) (Blank). Existing and previously completed
1185-consolidation projects shall be eligible to apply for
1186-reimbursement of costs related to the consolidation incurred
1187-between 2010 and the State fiscal year of the application.
1188-(d) The 9-1-1 systems that receive grants under this
1189-Section shall provide a report detailing grant fund usage to
1190-the Administrator pursuant to Section 40 of this Act.
1191-(Source: P.A. 102-538, eff. 8-20-21.)
1192-(50 ILCS 750/15.5)
1193-(Section scheduled to be repealed on December 31, 2023)
1194-Sec. 15.5. Grandfathered private residential switch or
1195-MLTS 9-1-1 service.
1196-(a) An entity that manages or operates a private
1197-residential switch service or shared residential or temporary
1198-residential MLTS service that was installed on or before
1199-February 16, 2020 shall ensure that the system is connected to
1200-the public switched telephone network so that calls to 9-1-1
1201-
1202-
1203-route to the appropriate 9-1-1 jurisdiction and shall ensure
1204-that the system includes, but is not limited to, the
1205-capability to provide ANI, the extension number, and the ALI
1206-containing the street address of the 9-1-1 caller who
1207-dispatchable location that is the source of the call to 9-1-1.
1208-(b) The private residential switch or shared residential
1209-or temporary residential MLTS service operator is responsible
1210-for forwarding end user ANI and ALI record information to the
1211-9-1-1 system provider according to the format, frequency, and
1212-procedures established by that system provider.
1213-(c) This Act does not apply to any MLTS telephone
1214-extension that uses radio transmissions to convey electrical
1215-signals directly between the telephone extension and the
1216-serving MLTS.
1217-(d) An entity that violates this Section is guilty of a
1218-business offense and shall be fined not less than $1,000 and
1219-not more than $5,000.
1220-(e) Nothing in this Section shall be construed to preclude
1221-the Attorney General on behalf of the Illinois State Police or
1222-on his or her own initiative, or any other interested person,
1223-from seeking judicial relief, by mandamus, injunction, or
1224-otherwise, to compel compliance with this Section.
1225-(Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
1226-(50 ILCS 750/20)
1227-(Section scheduled to be repealed on December 31, 2023)
1228-
1229-
1230-Sec. 20. Statewide surcharge.
1231-(a) On and after January 1, 2016, and except with respect
1232-to those customers who are subject to surcharges as provided
1233-in Sections 15.3 and 15.3a of this Act, a monthly surcharge
1234-shall be imposed on all customers of telecommunications
1235-carriers and wireless carriers as follows:
1236-(1) Each telecommunications carrier shall impose a
1237-monthly surcharge per network connection; provided,
1238-however, the monthly surcharge shall not apply to a
1239-network connection provided for use with pay telephone
1240-services. Where multiple voice grade communications
1241-channels are connected between the subscriber's premises
1242-and a public switched network through private branch
1243-exchange (PBX), Centrex type service, or other multiple
1244-voice grade communication channels facility, there shall
1245-be imposed 5 such surcharges per network connection for
1246-both regular service and advanced service provisioned
1247-trunk lines. Until December 31, 2017, the surcharge shall
1248-be $0.87 per network connection and on and after January
1249-1, 2018, the surcharge shall be $1.50 per network
1250-connection.
1251-(2) Each wireless carrier shall impose and collect a
1252-monthly surcharge per CMRS connection that either has a
1253-telephone number within an area code assigned to Illinois
1254-by the North American Numbering Plan Administrator or has
1255-a billing address in this State. Until December 31, 2017,
1256-
1257-
1258-the surcharge shall be $0.87 per connection and on and
1259-after January 1, 2018, the surcharge shall be $1.50 per
1260-connection.
1261-(b) State and local taxes shall not apply to the
1262-surcharges imposed under this Section.
1263-(c) The surcharges imposed by this Section shall be stated
1264-as a separately stated item on subscriber bills.
1265-(d) The telecommunications carrier collecting the
1266-surcharge may deduct and retain 1.74% of the gross amount of
1267-surcharge collected to reimburse the telecommunications
1268-carrier for the expense of accounting and collecting the
1269-surcharge. On and after July 1, 2022, the wireless carrier
1270-collecting a surcharge under this Section may deduct and
1271-retain 1.74% of the gross amount of the surcharge collected to
1272-reimburse the wireless carrier for the expense of accounting
1273-and collecting the surcharge.
1274-(d-5) Notwithstanding the provisions of subsection (d) of
1275-this Section, an amount not greater than 2.5% may be deducted
1276-and retained if the telecommunications or wireless carrier can
1277-support, through documentation, expenses that exceed the 1.74%
1278-allowed. The documentation shall be submitted to the Illinois
1279-State Police and input obtained from the Statewide 9-1-1
1280-Advisory Board prior to approval of the deduction.
1281-(e) Surcharges imposed under this Section shall be
1282-collected by the carriers and shall be remitted to the
1283-Illinois State Police, either by check or electronic funds
1284-
1285-
1286-transfer, by the end of the next calendar month after the
1287-calendar month in which it was collected for deposit into the
1288-Statewide 9-1-1 Fund. Carriers are not required to remit
1289-surcharge moneys that are billed to subscribers but not yet
1290-collected.
1291-The first remittance by wireless carriers shall include
1292-the number of subscribers by zip code, and the 9-digit zip code
1293-if currently being used or later implemented by the carrier,
1294-that shall be the means by which the Illinois State Police
1295-shall determine distributions from the Statewide 9-1-1 Fund.
1296-This information shall be updated at least once each year. Any
1297-carrier that fails to provide the zip code information
1298-required under this subsection (e) shall be subject to the
1299-penalty set forth in subsection (g) of this Section.
1300-(f) If, within 8 calendar days after it is due under
1301-subsection (e) of this Section, a carrier does not remit the
1302-surcharge or any portion thereof required under this Section,
1303-then the surcharge or portion thereof shall be deemed
1304-delinquent until paid in full, and the Illinois State Police
1305-may impose a penalty against the carrier in an amount equal to
1306-the greater of:
1307-(1) $25 for each month or portion of a month from the
1308-time an amount becomes delinquent until the amount is paid
1309-in full; or
1310-(2) an amount equal to the product of 1% and the sum of
1311-all delinquent amounts for each month or portion of a
1312-
1313-
1314-month that the delinquent amounts remain unpaid.
1315-A penalty imposed in accordance with this subsection (f)
1316-for a portion of a month during which the carrier pays the
1317-delinquent amount in full shall be prorated for each day of
1318-that month that the delinquent amount was paid in full. Any
1319-penalty imposed under this subsection (f) is in addition to
1320-the amount of the delinquency and is in addition to any other
1321-penalty imposed under this Section.
1322-(g) If, within 8 calendar days after it is due, a wireless
1323-carrier does not provide the number of subscribers by zip code
1324-as required under subsection (e) of this Section, then the
1325-report is deemed delinquent and the Illinois State Police may
1326-impose a penalty against the carrier in an amount equal to the
1327-greater of:
1328-(1) $25 for each month or portion of a month that the
1329-report is delinquent; or
1330-(2) an amount equal to the product of $0.01 and the
1331-number of subscribers served by the carrier for each month
1332-or portion of a month that the delinquent report is not
1333-provided.
1334-A penalty imposed in accordance with this subsection (g)
1335-for a portion of a month during which the carrier provides the
1336-number of subscribers by zip code as required under subsection
1337-(e) of this Section shall be prorated for each day of that
1338-month during which the carrier had not provided the number of
1339-subscribers by zip code as required under subsection (e) of
1340-
1341-
1342-this Section. Any penalty imposed under this subsection (g) is
1343-in addition to any other penalty imposed under this Section.
1344-(h) A penalty imposed and collected in accordance with
1345-subsection (f) or (g) of this Section shall be deposited into
1346-the Statewide 9-1-1 Fund for distribution according to Section
1347-30 of this Act.
1348-(i) The Illinois State Police may enforce the collection
1349-of any delinquent amount and any penalty due and unpaid under
1350-this Section by legal action or in any other manner by which
1351-the collection of debts due the State of Illinois may be
1352-enforced under the laws of this State. The Illinois State
1353-Police may excuse the payment of any penalty imposed under
1354-this Section if the Administrator determines that the
1355-enforcement of this penalty is unjust.
1356-(j) Notwithstanding any provision of law to the contrary,
1357-nothing shall impair the right of wireless carriers to recover
1358-unreimbursed compliance costs for all emergency communications
1359-services that are not reimbursed out of the Wireless Carrier
1360-Reimbursement Fund directly from their wireless subscribers by
1361-line-item charges on the wireless subscriber's bill. Those
1362-compliance costs include all costs incurred by wireless
1363-carriers in complying with local, State, and federal
1364-regulatory or legislative mandates that require the
1365-transmission and receipt of emergency communications to and
1366-from the general public, including, but not limited to,
1367-E9-1-1.
1368-
1369-
1370-(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1371-102-813, eff. 5-13-22.)
1372-(50 ILCS 750/30)
1373-(Section scheduled to be repealed on December 31, 2023)
1374-Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1375-(a) A special fund in the State treasury known as the
1376-Wireless Service Emergency Fund shall be renamed the Statewide
1377-9-1-1 Fund. Any appropriations made from the Wireless Service
1378-Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1379-The Fund shall consist of the following:
1380-(1) (Blank). 9-1-1 wireless surcharges assessed under
1381-the Wireless Emergency Telephone Safety Act.
1382-(2) 9-1-1 surcharges assessed under Section 20 of this
1383-Act.
1384-(3) Prepaid wireless 9-1-1 surcharges assessed under
1385-Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1386-(4) Any appropriations, grants, or gifts made to the
1387-Fund.
1388-(5) Any income from interest, premiums, gains, or
1389-other earnings on moneys in the Fund.
1390-(6) Money from any other source that is deposited in
1391-or transferred to the Fund.
1392-(b) Subject to appropriation and availability of funds,
1393-the Illinois State Police shall distribute the 9-1-1
1394-surcharges monthly as follows:
1395-
1396-
1397-(1) From each surcharge collected and remitted under
1398-Section 20 of this Act:
1399-(A) $0.013 shall be distributed monthly in equal
1400-amounts to each County Emergency Telephone System
1401-Board in counties with a population under 100,000
1402-according to the most recent census data which is
1403-authorized to serve as a primary wireless 9-1-1 public
1404-safety answering point for the county and to provide
1405-wireless 9-1-1 service as prescribed by subsection (b)
1406-of Section 15.6a of this Act, and which does provide
1407-such service.
1408-(B) (Blank). $0.033 shall be transferred by the
1409-Comptroller at the direction of the Illinois State
1410-Police to the Wireless Carrier Reimbursement Fund
1411-until June 30, 2017; from July 1, 2017 through June 30,
1412-2018, $0.026 shall be transferred; from July 1, 2018
1413-through June 30, 2019, $0.020 shall be transferred;
1414-from July 1, 2019, through June 30, 2020, $0.013 shall
1415-be transferred; from July 1, 2020 through June 30,
1416-2021, $0.007 will be transferred; and after June 30,
1417-2021, no transfer shall be made to the Wireless
1418-Carrier Reimbursement Fund.
1419-(C) Until December 31, 2017, $0.007 and on and
1420-after January 1, 2018, $0.017 shall be used to cover
1421-the Illinois State Police's administrative costs.
1422-(D) Beginning January 1, 2018, until June 30,
1423-
1424-
1425-2020, $0.12, and on and after July 1, 2020, $0.04 shall
1426-be used to make monthly disbursements proportional
1427-grants to the appropriate 9-1-1 Authority currently
1428-taking wireless 9-1-1 based upon the United States
1429-Postal Zip Code of the billing addresses of
1430-subscribers wireless carriers.
1431-(E) Until June 30, 2023, $0.05 shall be used by the
1432-Illinois State Police for grants for NG9-1-1 expenses,
1433-with priority given to 9-1-1 Authorities that provide
1434-9-1-1 service within the territory of a Large Electing
1435-Provider as defined in Section 13-406.1 of the Public
1436-Utilities Act.
1437-(F) On and after July 1, 2020, $0.13 shall be used
1438-for the implementation of and continuing expenses for
1439-the Statewide NG9-1-1 system.
1440-(1.5) Beginning on the effective date of this
1441-amendatory Act of the 103rd General Assembly, to assist
1442-with the implementation of the statewide Next Generation
1443-9-1-1 network, the Illinois State Police's administrative
1444-costs include the one-time capital cost of upgrading the
1445-Illinois State Police's call-handling equipment to meet
1446-the standards necessary to access and increase
1447-interoperability with the statewide Next Generation 9-1-1
1448-network.
1449-(A) Upon completion of the Illinois State Police's
1450-call-handling equipment upgrades, but no later than
1451-
1452-
1453-June 30, 2024, surplus moneys in excess of $1,000,000
1454-from subparagraph (C) of paragraph (1) not utilized by
1455-the Illinois State Police for administrative costs
1456-shall be distributed to the 9-1-1 Authorities in
1457-accordance with subparagraph (E) of paragraph (2) on
1458-an annual basis at the end of the State fiscal year.
1459-Any remaining surplus money may also be distributed
1460-consistent with this paragraph (1.5) at the discretion
1461-of the Illinois State Police.
1462-(B) Upon implementation of the Statewide NG9-1-1
1463-system, but no later than June 30, 2024, surplus
1464-moneys in excess of $5,000,000 from subparagraph (F)
1465-of paragraph (1) not utilized by the Illinois State
1466-Police for the implementation of and continuing
1467-expenses for the Statewide NG9-1-1 system shall be
1468-distributed to the 9-1-1 Authorities in accordance
1469-with subparagraph (E) of subsection (2) on an annual
1470-basis at the end of the State fiscal year. Any
1471-remaining surplus money may also be distributed
1472-consistent with this paragraph (1.5) at the discretion
1473-of the Illinois State Police.
1474-(2) After disbursements under paragraph (1) of this
1475-subsection (b), all remaining funds in the Statewide 9-1-1
1476-Fund shall be disbursed in the following priority order:
1477-(A) The Fund shall pay monthly to:
1478-(i) the 9-1-1 Authorities that imposed
1479-
1480-
1481-surcharges under Section 15.3 of this Act and were
1482-required to report to the Illinois Commerce
1483-Commission under Section 27 of the Wireless
1484-Emergency Telephone Safety Act on October 1, 2014,
1485-except a 9-1-1 Authority in a municipality with a
1486-population in excess of 500,000, an amount equal
1487-to the average monthly wireline and VoIP surcharge
1488-revenue attributable to the most recent 12-month
1489-period reported to the Illinois State Police under
1490-that Section for the October 1, 2014 filing,
1491-subject to the power of the Illinois State Police
1492-to investigate the amount reported and adjust the
1493-number by order under Article X of the Public
1494-Utilities Act, so that the monthly amount paid
1495-under this item accurately reflects one-twelfth of
1496-the aggregate wireline and VoIP surcharge revenue
1497-properly attributable to the most recent 12-month
1498-period reported to the Commission; or
1499-(ii) county qualified governmental entities
1500-that did not impose a surcharge under Section 15.3
1501-as of December 31, 2015, and counties that did not
1502-impose a surcharge as of June 30, 2015, an amount
1503-equivalent to their population multiplied by .37
1504-multiplied by the rate of $0.69; counties that are
1505-not county qualified governmental entities and
1506-that did not impose a surcharge as of December 31,
1507-
1508-
1509-2015, shall not begin to receive the payment
1510-provided for in this subsection until E9-1-1 and
1511-wireless E9-1-1 services are provided within their
1512-counties; or
1513-(iii) counties without 9-1-1 service that had
1514-a surcharge in place by December 31, 2015, an
1515-amount equivalent to their population multiplied
1516-by .37 multiplied by their surcharge rate as
1517-established by the referendum.
1518-(B) All 9-1-1 network costs for systems outside of
1519-municipalities with a population of at least 500,000
1520-shall be paid by the Illinois State Police directly to
1521-the vendors.
1522-(C) All expenses incurred by the Administrator and
1523-the Statewide 9-1-1 Advisory Board and costs
1524-associated with procurement under Section 15.6b
1525-including requests for information and requests for
1526-proposals.
1527-(D) Funds may be held in reserve by the Statewide
1528-9-1-1 Advisory Board and disbursed by the Illinois
1529-State Police for grants under Section 15.4b of this
1530-Act and for NG9-1-1 expenses up to $12.5 million per
1531-year in State fiscal years 2016 and 2017; up to $20
1532-million in State fiscal year 2018; up to $20.9 million
1533-in State fiscal year 2019; up to $15.3 million in State
1534-fiscal year 2020; up to $16.2 million in State fiscal
1535-
1536-
1537-year 2021; up to $23.1 million in State fiscal year
1538-2022; and up to $17.0 million per year for State fiscal
1539-year 2023 and each year thereafter. The amount held in
1540-reserve in State fiscal years 2021, 2022, and 2023
1541-shall not be less than $6.5 million. Disbursements
1542-under this subparagraph (D) shall be prioritized as
1543-follows: (i) consolidation grants prioritized under
1544-subsection (a) of Section 15.4b of this Act; (ii)
1545-NG9-1-1 expenses; and (iii) consolidation grants under
1546-Section 15.4b of this Act for consolidation expenses
1547-incurred between January 1, 2010, and January 1, 2016.
1548-(E) All remaining funds per remit month shall be
1549-used to make monthly disbursements proportional grants
1550-to the appropriate 9-1-1 Authority currently taking
1551-wireless 9-1-1 based upon the United States Postal Zip
1552-Code of the billing addresses of subscribers of
1553-wireless carriers.
1554-(c) The moneys deposited into the Statewide 9-1-1 Fund
1555-under this Section shall not be subject to administrative
1556-charges or chargebacks unless otherwise authorized by this
1557-Act.
1558-(d) Whenever two or more 9-1-1 Authorities consolidate,
1559-the resulting Joint Emergency Telephone System Board shall be
1560-entitled to the monthly payments that had theretofore been
1561-made to each consolidating 9-1-1 Authority. Any reserves held
1562-by any consolidating 9-1-1 Authority shall be transferred to
1563-
1564-
1565-the resulting Joint Emergency Telephone System Board. Whenever
1566-a county that has no 9-1-1 service as of January 1, 2016 enters
1567-into an agreement to consolidate to create or join a Joint
1568-Emergency Telephone System Board, the Joint Emergency
1569-Telephone System Board shall be entitled to the monthly
1570-payments that would have otherwise been paid to the county if
1571-it had provided 9-1-1 service.
1572-(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
1573-102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1574-(50 ILCS 750/35)
1575-(Section scheduled to be repealed on December 31, 2023)
1576-Sec. 35. 9-1-1 surcharge; allowable expenditures.
1577-(a) Except as otherwise provided in this Act, expenditures
1578-from surcharge revenues received under this Act shall may be
1579-made consistent with 47 CFR 9.23, which include by
1580-municipalities, counties, and 9-1-1 Authorities only to pay
1581-for the costs associated with the following:
1582-(1) support and implementation of 9-1-1 services
1583-provided by or in the State or taxing jurisdiction
1584-imposing the fee or charge; and The design of the
1585-Emergency Telephone System.
1586-(2) operational expenses of public safety answering
1587-points within the State. Examples of allowable
1588-expenditures include, but are not limited to:
1589-(A) PSAP operating costs, including lease,
1590-
1591-
1592-purchase, maintenance, replacement, and upgrade of
1593-customer premises equipment (hardware and software),
1594-CAD equipment (hardware and software), and the PSAP
1595-building and facility and including NG9-1-1,
1596-cybersecurity, pre-arrival instructions, and emergency
1597-notification systems. PSAP operating costs include
1598-technological innovation that supports 9-1-1;
1599-(B) PSAP personnel costs, including
1600-telecommunicators' salaries and training;
1601-(C) PSAP administration, including costs for
1602-administration of 9-1-1 services and travel expenses
1603-associated with the provision of 9-1-1 services;
1604-(D) integrating public safety and first responder
1605-dispatch and 9-1-1 systems, including lease, purchase,
1606-maintenance, and upgrade of CAD equipment (hardware
1607-and software) to support integrated 9-1-1 and public
1608-safety dispatch operations; and
1609-(E) providing the interoperability of 9-1-1
1610-systems with one another and with public safety and
1611-first responder radio systems The coding of an initial
1612-Master Street Address Guide database, and update and
1613-maintenance thereof.
1614-(3) (Blank). The repayment of any moneys advanced for
1615-the implementation of the system.
1616-(4) (Blank). The charges for Automatic Number
1617-Identification and Automatic Location Identification
1618-
1619-
1620-equipment, a computer aided dispatch system that records,
1621-maintains, and integrates information, mobile data
1622-transmitters equipped with automatic vehicle locators, and
1623-maintenance, replacement, and update thereof to increase
1624-operational efficiency and improve the provision of
1625-emergency services.
1626-(5) (Blank). The non-recurring charges related to
1627-installation of the Emergency Telephone System.
1628-(6) (Blank). The initial acquisition and installation,
1629-or the reimbursement of costs therefor to other
1630-governmental bodies that have incurred those costs, of
1631-road or street signs that are essential to the
1632-implementation of the Emergency Telephone System and that
1633-are not duplicative of signs that are the responsibility
1634-of the jurisdiction charged with maintaining road and
1635-street signs. Funds may not be used for ongoing expenses
1636-associated with road or street sign maintenance and
1637-replacement.
1638-(7) (Blank). Other products and services necessary for
1639-the implementation, upgrade, and maintenance of the system
1640-and any other purpose related to the operation of the
1641-system, including costs attributable directly to the
1642-construction, leasing, or maintenance of any buildings or
1643-facilities or costs of personnel attributable directly to
1644-the operation of the system. Costs attributable directly
1645-to the operation of an emergency telephone system do not
1646-
1647-
1648-include the costs of public safety agency personnel who
1649-are and equipment that is dispatched in response to an
1650-emergency call.
1651-(8) (Blank). The defraying of expenses incurred to
1652-implement Next Generation 9-1-1, subject to the conditions
1653-set forth in this Act.
1654-(9) (Blank). The implementation of a computer aided
1655-dispatch system or hosted supplemental 9-1-1 services.
1656-(10) (Blank). The design, implementation, operation,
1657-maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
1658-NG9-1-1 emergency services and public safety answering
1659-points.
1660-(b) The obligation or expenditure of surcharge revenues
1661-received under this Act for a purpose or function inconsistent
1662-with 47 CFR 9.23 and this Section shall constitute diversion,
1663-which undermines the purpose of this Act by depriving the
1664-9-1-1 system of the funds it needs to function effectively and
1665-to modernize 9-1-1 operations. Examples of diversion include,
1666-but are not limited to:
1667-(1) transfer of 9-1-1 fees into a State or other
1668-jurisdiction's general fund or other fund for non-9-1-1
1669-purposes;
1670-(2) use of surcharge revenues for equipment or
1671-infrastructure for constructing or expanding
1672-non-public-safety communications networks (e.g.,
1673-commercial cellular networks); and
1674-
1675-
1676-(3) use of surcharge revenues for equipment or
1677-infrastructure for law enforcement, firefighters, and
1678-other public safety or first responder entities that does
1679-not directly support providing 9-1-1 services.
1680-(c) In the case of a municipality with a population over
1681-500,000, moneys may also be used for any anti-terrorism or
1682-emergency preparedness measures, including, but not limited
1683-to, preparedness planning, providing local matching funds for
1684-federal or State grants, personnel training, and specialized
1685-equipment, including surveillance cameras, as needed to deal
1686-with natural and terrorist-inspired emergency situations or
1687-events.
1688-(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
1689-(50 ILCS 750/40)
1690-(Section scheduled to be repealed on December 31, 2023)
1691-Sec. 40. Financial reports.
1692-(a) The Illinois State Police shall create uniform
1693-accounting procedures, with such modification as may be
1694-required to give effect to statutory provisions applicable
1695-only to municipalities with a population in excess of 500,000,
1696-that any emergency telephone system board or unit of local
1697-government receiving surcharge money pursuant to Section 15.3,
1698-15.3a, or 30 of this Act must follow.
1699-(b) By January 31, 2018, and every January 31 thereafter,
1700-each emergency telephone system board or unit of local
1701-
1702-
1703-government receiving surcharge money pursuant to Section 15.3,
1704-15.3a, or 30 shall report to the Illinois State Police audited
1705-financial statements showing total revenue and expenditures
1706-for the period beginning with the end of the period covered by
1707-the last submitted report through the end of the previous
1708-calendar year in a form and manner as prescribed by the
1709-Illinois State Police. Such financial information shall
1710-include:
1711-(1) a detailed summary of revenue from all sources
1712-including, but not limited to, local, State, federal, and
1713-private revenues, and any other funds received;
1714-(2) all expenditures made during the reporting period
1715-from distributions under this Act;
1716-(3) call data and statistics, when available, from the
1717-reporting period, as specified by the Illinois State
1718-Police and collected in accordance with any reporting
1719-method established or required by the Illinois State
1720-Police;
1721-(4) all costs associated with dispatching appropriate
1722-public safety agencies to respond to 9-1-1 calls received
1723-by the PSAP; and
1724-(5) all funding sources and amounts of funding used
1725-for costs described in paragraph (4) of this subsection
1726-(b).
1727-The emergency telephone system board or unit of local
1728-government is responsible for any costs associated with
1729-
1730-
1731-auditing such financial statements. The Illinois State Police
1732-shall post annual financial reports the audited financial
1733-statements on the Illinois State Police's website.
1734-(c) Along with its audited financial statement, each
1735-emergency telephone system board or unit of local government
1736-receiving a grant under Section 15.4b of this Act shall
1737-include a report of the amount of grant moneys received and how
1738-the grant moneys were used. In case of a conflict between this
1739-requirement and the Grant Accountability and Transparency Act,
1740-or with the rules of the Governor's Office of Management and
1741-Budget adopted thereunder, that Act and those rules shall
1742-control.
1743-(d) If an emergency telephone system board that receives
1744-funds from the Statewide 9-1-1 Fund fails to file the 9-1-1
1745-system financial reports as required under this Section, the
1746-Illinois State Police shall suspend and withhold monthly
1747-disbursements otherwise due to the emergency telephone system
1748-board under Section 30 of this Act until the report is filed.
1749-Any monthly disbursements that have been withheld for 12
1750-months or more shall be forfeited by the emergency telephone
1751-system board and shall be distributed proportionally by the
1752-Illinois State Police to compliant emergency telephone system
1753-boards that receive funds from the Statewide 9-1-1 Fund.
1754-Any emergency telephone system board not in compliance
1755-with this Section shall be ineligible to receive any
1756-consolidation grant or infrastructure grant issued under this
1757-
1758-
1759-Act.
1760-(e) The Illinois State Police may adopt emergency rules
1761-necessary to implement the provisions of this Section.
1762-(f) Any findings or decisions of the Illinois State Police
1763-under this Section shall be deemed a final administrative
1764-decision and shall be subject to judicial review under the
1765-Administrative Review Law.
1766-(g) Beginning October 1, 2017, the Illinois State Police
1767-shall provide a quarterly report to the Statewide 9-1-1
1768-Advisory Board of its expenditures from the Statewide 9-1-1
1769-Fund for the prior fiscal quarter.
1770-(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1771-102-813, eff. 5-13-22.)
1772-(50 ILCS 750/50)
1773-(Section scheduled to be repealed on December 31, 2023)
1774-Sec. 50. Fund audits. The Auditor General shall conduct as
1775-a part of its bi-annual audit, an audit of the Statewide 9-1-1
1776-Fund and the Wireless Carrier Reimbursement Fund for
1777-compliance with the requirements of this Act. The audit shall
1778-include, but not be limited to, the following determinations:
1779-(1) Whether detailed records of all receipts and
1780-disbursements from the Statewide 9-1-1 Fund and the
1781-Wireless Carrier Reimbursement Fund are being maintained.
1782-(2) Whether administrative costs charged to the funds
1783-are adequately documented and are reasonable.
1784-
1785-
1786-(3) Whether the procedures for making disbursements
1787-and grants and providing reimbursements in accordance with
1788-the Act are adequate.
1789-(4) The status of the implementation of statewide
1790-9-1-1 service and Next Generation 9-1-1 service in
1791-Illinois.
1792-The Illinois Commerce Commission, the Illinois State
1793-Police, and any other entity or person that may have
1794-information relevant to the audit shall cooperate fully and
1795-promptly with the Office of the Auditor General in conducting
1796-the audit. The Auditor General shall commence the audit as
1797-soon as possible and distribute the report upon completion in
1798-accordance with Section 3-14 of the Illinois State Auditing
1799-Act.
1800-(Source: P.A. 102-538, eff. 8-20-21.)
1801-(50 ILCS 750/99)
1802-(Section scheduled to be repealed on December 31, 2023)
1803-Sec. 99. Repealer. This Act is repealed on December 31,
1804-2025 2023.
1805-(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
1806-(50 ILCS 750/15 rep.)
1807-(50 ILCS 750/15.2c rep.)
1808-(50 ILCS 750/45 rep.)
1809-Section 15. The Emergency Telephone System Act is amended
1810-
1811-
1812-by repealing Sections 15, 15.2c, and 45.
1813-Section 20. The Criminal Code of 2012 is amended by
1814-changing Section 26-1 as follows:
1815-(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
1816-Sec. 26-1. Disorderly conduct.
1817-(a) A person commits disorderly conduct when he or she
1818-knowingly:
1819-(1) Does any act in such unreasonable manner as to
1820-alarm or disturb another and to provoke a breach of the
1821-peace;
1822-(2) Transmits or causes to be transmitted in any
1823-manner to the fire department of any city, town, village
1824-or fire protection district a false alarm of fire, knowing
1825-at the time of the transmission that there is no
1826-reasonable ground for believing that the fire exists;
1827-(3) Transmits or causes to be transmitted in any
1828-manner to another a false alarm to the effect that a bomb
1829-or other explosive of any nature or a container holding
1830-poison gas, a deadly biological or chemical contaminant,
1831-or radioactive substance is concealed in a place where its
1832-explosion or release would endanger human life, knowing at
1833-the time of the transmission that there is no reasonable
1834-ground for believing that the bomb, explosive or a
1835-container holding poison gas, a deadly biological or
1836-
1837-
1838-chemical contaminant, or radioactive substance is
1839-concealed in the place;
1840-(3.5) Transmits or causes to be transmitted in any
1841-manner a threat of destruction of a school building or
1842-school property, or a threat of violence, death, or bodily
1843-harm directed against persons at a school, school
1844-function, or school event, whether or not school is in
1845-session;
1846-(4) Transmits or causes to be transmitted in any
1847-manner to any peace officer, public officer or public
1848-employee a report to the effect that an offense will be
1849-committed, is being committed, or has been committed,
1850-knowing at the time of the transmission that there is no
1851-reasonable ground for believing that the offense will be
1852-committed, is being committed, or has been committed;
1853-(5) Transmits or causes to be transmitted in any
1854-manner a false report to any public safety agency without
1855-the reasonable grounds necessary to believe that
1856-transmitting the report is necessary for the safety and
1857-welfare of the public; or
1858-(6) Calls or texts the number "911" or transmits or
1859-causes to be transmitted in any manner to a public safety
1860-agency or public safety answering point for the purpose of
1861-making or transmitting a false alarm or complaint and
1862-reporting information when, at the time the call, text, or
1863-transmission is made, the person knows there is no
1864-
1865-
1866-reasonable ground for making the call, text, or
1867-transmission and further knows that the call, text, or
1868-transmission could result in the emergency response of any
1869-public safety agency;
1870-(7) Transmits or causes to be transmitted in any
1871-manner a false report to the Department of Children and
1872-Family Services under Section 4 of the Abused and
1873-Neglected Child Reporting Act;
1874-(8) Transmits or causes to be transmitted in any
1875-manner a false report to the Department of Public Health
1876-under the Nursing Home Care Act, the Specialized Mental
1877-Health Rehabilitation Act of 2013, the ID/DD Community
1878-Care Act, or the MC/DD Act;
1879-(9) Transmits or causes to be transmitted in any
1880-manner to the police department or fire department of any
1881-municipality or fire protection district, or any privately
1882-owned and operated ambulance service, a false request for
1883-an ambulance, emergency medical technician-ambulance or
1884-emergency medical technician-paramedic knowing at the time
1885-there is no reasonable ground for believing that the
1886-assistance is required;
1887-(10) Transmits or causes to be transmitted in any
1888-manner a false report under Article II of Public Act
1889-83-1432;
1890-(11) Enters upon the property of another and for a
1891-lewd or unlawful purpose deliberately looks into a
1892-
1893-
1894-dwelling on the property through any window or other
1895-opening in it; or
1896-(12) While acting as a collection agency as defined in
1897-the Collection Agency Act or as an employee of the
1898-collection agency, and while attempting to collect an
1899-alleged debt, makes a telephone call to the alleged debtor
1900-which is designed to harass, annoy or intimidate the
1901-alleged debtor.
1902-(b) Sentence. A violation of subsection (a)(1) of this
1903-Section is a Class C misdemeanor. A violation of subsection
1904-(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
1905-violation of subsection (a)(8) or (a)(10) of this Section is a
1906-Class B misdemeanor. A violation of subsection (a)(2),
1907-(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
1908-a Class 4 felony. A violation of subsection (a)(3) of this
1909-Section is a Class 3 felony, for which a fine of not less than
1910-$3,000 and no more than $10,000 shall be assessed in addition
1911-to any other penalty imposed.
1912-A violation of subsection (a)(12) of this Section is a
1913-Business Offense and shall be punished by a fine not to exceed
1914-$3,000. A second or subsequent violation of subsection (a)(7)
1915-or (a)(5) of this Section is a Class 4 felony. A third or
1916-subsequent violation of subsection (a)(11) of this Section is
1917-a Class 4 felony.
1918-(c) In addition to any other sentence that may be imposed,
1919-a court shall order any person convicted of disorderly conduct
1920-
1921-
1922-to perform community service for not less than 30 and not more
1923-than 120 hours, if community service is available in the
1924-jurisdiction and is funded and approved by the county board of
1925-the county where the offense was committed. In addition,
1926-whenever any person is placed on supervision for an alleged
1927-offense under this Section, the supervision shall be
1928-conditioned upon the performance of the community service.
1929-This subsection does not apply when the court imposes a
1930-sentence of incarceration.
1931-(d) In addition to any other sentence that may be imposed,
1932-the court shall order any person convicted of disorderly
1933-conduct under paragraph (3) of subsection (a) involving a
1934-false alarm of a threat that a bomb or explosive device has
1935-been placed in a school that requires an emergency response to
1936-reimburse the unit of government that employs the emergency
1937-response officer or officers that were dispatched to the
1938-school for the cost of the response. If the court determines
1939-that the person convicted of disorderly conduct that requires
1940-an emergency response to a school is indigent, the provisions
1941-of this subsection (d) do not apply.
1942-(e) In addition to any other sentence that may be imposed,
1943-the court shall order any person convicted of disorderly
1944-conduct under paragraph (3.5) or (6) of subsection (a) to
1945-reimburse the public agency for the reasonable costs of the
1946-emergency response by the public agency up to $10,000. If the
1947-court determines that the person convicted of disorderly
1948-
1949-
1950-conduct under paragraph (3.5) or (6) of subsection (a) is
1951-indigent, the provisions of this subsection (e) do not apply.
1952-(f) For the purposes of this Section, "emergency response"
1953-means any condition that results in, or could result in, the
1954-response of a public official in an authorized emergency
1955-vehicle, any condition that jeopardizes or could jeopardize
1956-public safety and results in, or could result in, the
1957-evacuation of any area, building, structure, vehicle, or of
1958-any other place that any person may enter, or any incident
1959-requiring a response by a police officer, a firefighter, a
1960-State Fire Marshal employee, or an ambulance.
1961-(Source: P.A. 101-238, eff. 1-1-20.)
31+HB3940 Enrolled- 2 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 2 - LRB103 25395 AWJ 51742 b
32+ HB3940 Enrolled - 2 - LRB103 25395 AWJ 51742 b
33+1 operational and management procedures required to provide
34+2 9-1-1 service.
35+3 "9-1-1 Authority" means an Emergency Telephone System
36+4 Board or Joint Emergency Telephone System Board that provides
37+5 for the management and operation of a 9-1-1 system. "9-1-1
38+6 Authority" includes the Illinois State Police only to the
39+7 extent it provides 9-1-1 services under this Act.
40+8 "9-1-1 System Manager" means the manager, director,
41+9 administrator, or coordinator who at the direction of his or
42+10 her Emergency Telephone System Board is responsible for the
43+11 implementation and execution of the order of authority issued
44+12 by the Commission or the Statewide 9-1-1 Administrator through
45+13 the programs, policies, procedures, and daily operations of
46+14 the 9-1-1 system consistent with the provisions of this Act.
47+15 "Administrator" means the Statewide 9-1-1 Administrator.
48+16 "Advanced service" means any telecommunications service
49+17 with or without dynamic bandwidth allocation, including, but
50+18 not limited to, ISDN Primary Rate Interface (PRI), that,
51+19 through the use of a DS-1, T-1, or other un-channelized or
52+20 multi-channel transmission facility, is capable of
53+21 transporting either the subscriber's inter-premises voice
54+22 telecommunications services to the public switched network or
55+23 the subscriber's 9-1-1 calls to the public agency.
56+24 "Aggregator" means an entity that ingresses 9-1-1 calls of
57+25 multiple traffic types or 9-1-1 calls from multiple
58+26 originating service providers and combines them on a trunk
59+
60+
61+
62+
63+
64+ HB3940 Enrolled - 2 - LRB103 25395 AWJ 51742 b
65+
66+
67+HB3940 Enrolled- 3 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 3 - LRB103 25395 AWJ 51742 b
68+ HB3940 Enrolled - 3 - LRB103 25395 AWJ 51742 b
69+1 group or groups (or equivalent egress connection arrangement
70+2 to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
71+3 system), and that uses the routing information provided in the
72+4 received call setup signaling to select the appropriate trunk
73+5 group and proceeds to signal call setup toward the 9-1-1
74+6 system provider. "Aggregator" includes an originating service
75+7 provider that provides aggregation functions for its own 9-1-1
76+8 calls. "Aggregator" also includes an aggregation network or an
77+9 aggregation entity that provides aggregator services for other
78+10 types of system providers, such as cloud-based services or
79+11 enterprise networks as its client.
80+12 "ALI" or "automatic location identification" means the
81+13 automatic display at the public safety answering point of the
82+14 address or location of the caller's telephone and
83+15 supplementary emergency services information of the location
84+16 from which a call originates.
85+17 "ANI" or "automatic number identification" means the
86+18 automatic display of the 10-digit telephone number associated
87+19 with the caller's telephone number.
88+20 "Automatic alarm" and "automatic alerting device" mean any
89+21 device that will access the 9-1-1 system for emergency
90+22 services upon activation and does not provide for two-way
91+23 communication.
92+24 "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
93+25 Backup Answering Point, or VAP.
94+26 "Authorized entity" means an answering point or
95+
96+
97+
98+
99+
100+ HB3940 Enrolled - 3 - LRB103 25395 AWJ 51742 b
101+
102+
103+HB3940 Enrolled- 4 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 4 - LRB103 25395 AWJ 51742 b
104+ HB3940 Enrolled - 4 - LRB103 25395 AWJ 51742 b
105+1 participating agency other than a decommissioned PSAP.
106+2 "Backup PSAP" means an answering point that meets the
107+3 appropriate standards of service and serves as an alternate to
108+4 the PSAP operating independently from the PSAP at a different
109+5 location that has the capability to direct dispatch for the
110+6 PSAP or otherwise transfer emergency calls directly to an
111+7 authorized entity. A backup PSAP may accept overflow calls
112+8 from the PSAP or be activated if the primary PSAP is disabled.
113+9 "Board" means an Emergency Telephone System Board or a
114+10 Joint Emergency Telephone System Board created pursuant to
115+11 Section 15.4.
116+12 "Call back number" means a number used by a PSAP to
117+13 recontact a location from which a 9-1-1 call was placed,
118+14 regardless of whether that number is a direct-dial number for
119+15 a station used to originate a 9-1-1 call.
120+16 "Carrier" includes a telecommunications carrier and a
121+17 wireless carrier.
122+18 "Commission" means the Illinois Commerce Commission.
123+19 "Computer aided dispatch" or "CAD" means a computer-based
124+20 system that aids public safety telecommunicators by automating
125+21 selected dispatching and recordkeeping activities.
126+22 "Direct dispatch" means a 9-1-1 service wherein upon
127+23 receipt of an emergency call, a public safety telecommunicator
128+24 transmits - without delay, transfer, relay, or referral - all
129+25 relevant available information to the appropriate public
130+26 safety personnel or emergency responders.
131+
132+
133+
134+
135+
136+ HB3940 Enrolled - 4 - LRB103 25395 AWJ 51742 b
137+
138+
139+HB3940 Enrolled- 5 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 5 - LRB103 25395 AWJ 51742 b
140+ HB3940 Enrolled - 5 - LRB103 25395 AWJ 51742 b
141+1 "Dispatchable location" means the street address of a
142+2 9-1-1 caller and additional information, such as room number,
143+3 floor number, or similar information, necessary to identify
144+4 the location of the 9-1-1 caller.
145+5 "Decommissioned" means the revocation of a PSAPs authority
146+6 to handle 9-1-1 calls as an answering point within the 9-1-1
147+7 network.
148+8 "DS-1, T-1, or similar un-channelized or multi-channel
149+9 transmission facility" means a facility that can transmit and
150+10 receive a bit rate of at least 1.544 megabits per second
151+11 (Mbps).
152+12 "Dynamic bandwidth allocation" means the ability of the
153+13 facility or customer to drop and add channels, or adjust
154+14 bandwidth, when needed in real time for voice or data
155+15 purposes.
156+16 "Emergency call" means any type of request for emergency
157+17 assistance through a 9-1-1 network either to the digits 9-1-1
158+18 or the emergency 24/7 10-digit telephone number for all
159+19 answering points. An emergency call is not limited to a voice
160+20 telephone call. It could be a two-way video call, an
161+21 interactive text, Teletypewriter (TTY), an SMS, an Instant
162+22 Message, or any new mechanism for communications available in
163+23 the future. An emergency call occurs when the request for
164+24 emergency assistance is received by a public safety
165+25 telecommunicator.
166+26 "EMS personnel" has the meaning given to that term in
167+
168+
169+
170+
171+
172+ HB3940 Enrolled - 5 - LRB103 25395 AWJ 51742 b
173+
174+
175+HB3940 Enrolled- 6 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 6 - LRB103 25395 AWJ 51742 b
176+ HB3940 Enrolled - 6 - LRB103 25395 AWJ 51742 b
177+1 Section 3.5 of the Emergency Medical Services (EMS) Systems
178+2 Act.
179+3 "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
180+4 includes network switching, database and PSAP premise elements
181+5 capable of providing automatic location identification data,
182+6 selective routing, selective transfer, fixed transfer, and a
183+7 call back number, including any enhanced 9-1-1 service so
184+8 designated by the Federal Communications Commission in its
185+9 report and order in WC Dockets Nos. 04-36 and 05-196, or any
186+10 successor proceeding.
187+11 "ETSB" means an emergency telephone system board appointed
188+12 by the corporate authorities of any county or municipality
189+13 that provides for the management and operation of a 9-1-1
190+14 system.
191+15 "First responder" means someone designated by a public
192+16 safety agency who is charged with responding to emergency
193+17 service requests, including emergency communications
194+18 professionals, public safety telecommunicators, public safety
195+19 telecommunicator supervisors, and police, fire, and EMS
196+20 personnel who operate in the field.
197+21 "Grade of service" means P.01 for E9-1-1 enhanced 9-1-1
198+22 services or the equivalent for NENA Baseline NG9-1-1 as set
199+23 forth in the NENA i3 Solution adopted standard for NG9-1-1.
200+24 "Hearing-impaired individual" means a person with a
201+25 permanent hearing loss who can regularly and routinely
202+26 communicate by telephone only through the aid of devices which
203+
204+
205+
206+
207+
208+ HB3940 Enrolled - 6 - LRB103 25395 AWJ 51742 b
209+
210+
211+HB3940 Enrolled- 7 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 7 - LRB103 25395 AWJ 51742 b
212+ HB3940 Enrolled - 7 - LRB103 25395 AWJ 51742 b
213+1 can send and receive written messages over the telephone
214+2 network.
215+3 "Hosted supplemental 9-1-1 service" means a database
216+4 service that:
217+5 (1) electronically provides information to 9-1-1 call
218+6 takers when a call is placed to 9-1-1;
219+7 (2) allows telephone subscribers to provide
220+8 information to 9-1-1 to be used in emergency scenarios;
221+9 (3) collects a variety of formatted data relevant to
222+10 9-1-1 and first responder needs, which may include, but is
223+11 not limited to, photographs of the telephone subscribers,
224+12 physical descriptions, medical information, household
225+13 data, and emergency contacts;
226+14 (4) allows for information to be entered by telephone
227+15 subscribers through a secure website where they can elect
228+16 to provide as little or as much information as they
229+17 choose;
230+18 (5) automatically displays data provided by telephone
231+19 subscribers to 9-1-1 call takers for all types of
232+20 telephones when a call is placed to 9-1-1 from a
233+21 registered and confirmed phone number;
234+22 (6) supports the delivery of telephone subscriber
235+23 information through a secure internet connection to all
236+24 emergency telephone system boards;
237+25 (7) works across all 9-1-1 call taking equipment and
238+26 allows for the easy transfer of information into a
239+
240+
241+
242+
243+
244+ HB3940 Enrolled - 7 - LRB103 25395 AWJ 51742 b
245+
246+
247+HB3940 Enrolled- 8 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 8 - LRB103 25395 AWJ 51742 b
248+ HB3940 Enrolled - 8 - LRB103 25395 AWJ 51742 b
249+1 computer aided dispatch system; and
250+2 (8) may be used to collect information pursuant to an
251+3 Illinois Premise Alert Program as defined in the Illinois
252+4 Premise Alert Program (PAP) Act.
253+5 "Interconnected voice over Internet protocol provider" or
254+6 "Interconnected VoIP provider" has the meaning given to that
255+7 term under Section 13-235 of the Public Utilities Act.
256+8 "Joint ETSB" means a Joint Emergency Telephone System
257+9 Board established by intergovernmental agreement of two or
258+10 more municipalities or counties, or a combination thereof, to
259+11 provide for the management and operation of a 9-1-1 system.
260+12 "Key telephone system" means a type of MLTS designed to
261+13 provide shared access to several outside lines through buttons
262+14 or keys typically offering identified access lines with direct
263+15 line appearance or termination on a given telephone set.
264+16 "Local public agency" means any unit of local government
265+17 or special purpose district located in whole or in part within
266+18 this State that provides or has authority to provide
267+19 firefighting, police, ambulance, medical, or other emergency
268+20 services.
269+21 "Mechanical dialer" means any device that accesses the
270+22 9-1-1 system without human intervention and does not provide
271+23 for two-way communication.
272+24 "Master Street Address Guide" or "MSAG" is a database of
273+25 street names and house ranges within their associated
274+26 communities defining emergency service zones (ESZs) and their
275+
276+
277+
278+
279+
280+ HB3940 Enrolled - 8 - LRB103 25395 AWJ 51742 b
281+
282+
283+HB3940 Enrolled- 9 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 9 - LRB103 25395 AWJ 51742 b
284+ HB3940 Enrolled - 9 - LRB103 25395 AWJ 51742 b
285+1 associated emergency service numbers (ESNs) to enable proper
286+2 routing of 9-1-1 calls.
287+3 "Mobile telephone number" or "MTN" means the telephone
288+4 number assigned to a wireless telephone at the time of initial
289+5 activation.
290+6 "Multi-line telephone system" or "MLTS" means a system
291+7 that is comprised of a common control unit or units, telephone
292+8 sets, control hardware and software, and adjunct systems and
293+9 that enables users to make and receive telephone calls using
294+10 shared resources, such as telephone network trunks or data
295+11 link bandwidth. The terms "multi-line telephone system" and
296+12 "MLTS" include, but are not limited to: network-based and
297+13 premises-based systems, such as Centrex service;
298+14 premises-based, hosted, and cloud-based VoIP systems; PBX,
299+15 hybrid, and key telephone systems (as classified by the
300+16 Federal Communications Commission under 47 CFR Part 68 or any
301+17 successor rules); and systems owned or leased by governmental
302+18 agencies, nonprofit entities, and for-profit businesses.
303+19 "Network connections" means the number of voice grade
304+20 communications channels directly between a subscriber and a
305+21 telecommunications carrier's public switched network, without
306+22 the intervention of any other telecommunications carrier's
307+23 switched network, which would be required to carry the
308+24 subscriber's inter-premises traffic and which connection
309+25 either (1) is capable of providing access through the public
310+26 switched network to a 9-1-1 Emergency Telephone System, if one
311+
312+
313+
314+
315+
316+ HB3940 Enrolled - 9 - LRB103 25395 AWJ 51742 b
317+
318+
319+HB3940 Enrolled- 10 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 10 - LRB103 25395 AWJ 51742 b
320+ HB3940 Enrolled - 10 - LRB103 25395 AWJ 51742 b
321+1 exists, or (2) if no system exists at the time a surcharge is
322+2 imposed under Section 15.3, that would be capable of providing
323+3 access through the public switched network to the local 9-1-1
324+4 Emergency Telephone System if one existed. Where multiple
325+5 voice grade communications channels are connected to a
326+6 telecommunications carrier's public switched network through a
327+7 private branch exchange (PBX) service, there shall be
328+8 determined to be one network connection for each trunk line
329+9 capable of transporting either the subscriber's inter-premises
330+10 traffic to the public switched network or the subscriber's
331+11 9-1-1 calls to the public agency. Where multiple voice grade
332+12 communications channels are connected to an OSP's public
333+13 switched network through Centrex type service, the number of
334+14 network connections shall be equal to the number of PBX trunk
335+15 equivalents for the subscriber's service or other multiple
336+16 voice grade communication channels facility, as determined by
337+17 reference to any generally applicable exchange access service
338+18 tariff filed by the subscriber's telecommunications carrier
339+19 with the Commission.
340+20 "Network costs" means those recurring costs that directly
341+21 relate to the operation of the 9-1-1 network as determined by
342+22 the Statewide 9-1-1 Administrator with the advice of the
343+23 Statewide 9-1-1 Advisory Board, which may include, but need
344+24 not be limited to, some or all of the following: costs for
345+25 interoffice trunks, selective routing charges, transfer lines
346+26 and toll charges for 9-1-1 services, Automatic Location
347+
348+
349+
350+
351+
352+ HB3940 Enrolled - 10 - LRB103 25395 AWJ 51742 b
353+
354+
355+HB3940 Enrolled- 11 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 11 - LRB103 25395 AWJ 51742 b
356+ HB3940 Enrolled - 11 - LRB103 25395 AWJ 51742 b
357+1 Information (ALI) database charges, independent local exchange
358+2 carrier charges and non-system provider charges, carrier
359+3 charges for third party database for on-site customer premises
360+4 equipment, back-up PSAP trunks for non-system providers,
361+5 periodic database updates as provided by carrier (also known
362+6 as "ALI data dump"), regional ALI storage charges, circuits
363+7 for call delivery (fiber or circuit connection), NG9-1-1
364+8 costs, and all associated fees, taxes, and surcharges on each
365+9 invoice. "Network costs" shall not include radio circuits or
366+10 toll charges that are other than for 9-1-1 services.
367+11 "Next generation 9-1-1" or "NG9-1-1" means a secure
368+12 Internet Protocol-based (IP-based) open-standards system
369+13 comprised of hardware, software, data, and operational
370+14 policies and procedures that:
371+15 (A) provides standardized interfaces from
372+16 emergency call and message services to support
373+17 emergency communications;
374+18 (B) processes all types of emergency calls,
375+19 including voice, text, data, and multimedia
376+20 information;
377+21 (C) acquires and integrates additional emergency
378+22 call data useful to call routing and handling;
379+23 (D) delivers the emergency calls, messages, and
380+24 data to the appropriate public safety answering point
381+25 and other appropriate emergency entities based on the
382+26 location of the caller;
383+
384+
385+
386+
387+
388+ HB3940 Enrolled - 11 - LRB103 25395 AWJ 51742 b
389+
390+
391+HB3940 Enrolled- 12 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 12 - LRB103 25395 AWJ 51742 b
392+ HB3940 Enrolled - 12 - LRB103 25395 AWJ 51742 b
393+1 (E) supports data, video, and other communications
394+2 needs for coordinated incident response and
395+3 management; and
396+4 (F) interoperates with services and networks used
397+5 by first responders to facilitate emergency response.
398+6 "NG9-1-1 costs" means those recurring costs that directly
399+7 relate to the Next Generation 9-1-1 service as determined by
400+8 the Statewide 9-1-1 Administrator with the advice of the
401+9 Statewide 9-1-1 Advisory Board, which may include, but need
402+10 not be limited to, costs for NENA i3 Core Components (Border
403+11 Control Function (BCF), Emergency Call Routing Function
404+12 (ECRF), Location Validation Function (LVF), Emergency Services
405+13 Routing Proxy (ESRP), Policy Store/Policy Routing Functions
406+14 (PSPRF), and Location Information Servers (LIS)), Statewide
407+15 ESInet, software external to the PSAP (data collection,
408+16 identity management, aggregation, and GIS functionality), and
409+17 gateways (legacy 9-1-1 tandems or gateways or both).
410+18 "Originating service provider" or "OSP" means the entity
411+19 that provides services to end users that may be used to
412+20 originate voice or nonvoice 9-1-1 requests for assistance and
413+21 who would interconnect, in any of various fashions, to the
414+22 9-1-1 system provider for purposes of delivering 9-1-1 traffic
415+23 to the public safety answering points.
416+24 "Private branch exchange" or "PBX" means a private
417+25 telephone system and associated equipment located on the
418+26 user's property that provides communications between internal
419+
420+
421+
422+
423+
424+ HB3940 Enrolled - 12 - LRB103 25395 AWJ 51742 b
425+
426+
427+HB3940 Enrolled- 13 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 13 - LRB103 25395 AWJ 51742 b
428+ HB3940 Enrolled - 13 - LRB103 25395 AWJ 51742 b
429+1 stations and external networks.
430+2 "Private business switch service" means network and
431+3 premises based systems including a VoIP, Centrex type service,
432+4 or PBX service, even though key telephone systems or
433+5 equivalent telephone systems registered with the Federal
434+6 Communications Commission under 47 CFR Part 68 are directly
435+7 connected to Centrex type and PBX systems. "Private business
436+8 switch service" does not include key telephone systems or
437+9 equivalent telephone systems registered with the Federal
438+10 Communications Commission under 47 CFR Part 68 when not used
439+11 in conjunction with a VoIP, Centrex type, or PBX systems.
440+12 "Private business switch service" typically includes, but is
441+13 not limited to, private businesses, corporations, and
442+14 industries where the telecommunications service is primarily
443+15 for conducting business.
444+16 "Private residential switch service" means network and
445+17 premise based systems including a VoIP, Centrex type service,
446+18 or PBX service or key telephone systems or equivalent
447+19 telephone systems registered with the Federal Communications
448+20 Commission under 47 CFR Part 68 that are directly connected to
449+21 a VoIP, Centrex type service, or PBX systems equipped for
450+22 switched local network connections or 9-1-1 system access to
451+23 residential end users through a private telephone switch.
452+24 "Private residential switch service" does not include key
453+25 telephone systems or equivalent telephone systems registered
454+26 with the Federal Communications Commission under 47 CFR Part
455+
456+
457+
458+
459+
460+ HB3940 Enrolled - 13 - LRB103 25395 AWJ 51742 b
461+
462+
463+HB3940 Enrolled- 14 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 14 - LRB103 25395 AWJ 51742 b
464+ HB3940 Enrolled - 14 - LRB103 25395 AWJ 51742 b
465+1 68 when not used in conjunction with a VoIP, Centrex type, or
466+2 PBX systems. "Private residential switch service" typically
467+3 includes, but is not limited to, apartment complexes,
468+4 condominiums, and campus or university environments where
469+5 shared tenant service is provided and where the usage of the
470+6 telecommunications service is primarily residential.
471+7 "Public agency" means the State, and any unit of local
472+8 government or special purpose district located in whole or in
473+9 part within this State, that provides or has authority to
474+10 provide firefighting, police, ambulance, medical, or other
475+11 emergency services.
476+12 "Public safety agency" means a functional division of a
477+13 public agency that provides firefighting, police, medical, or
478+14 other emergency services to respond to and manage emergency
479+15 incidents. For the purpose of providing wireless service to
480+16 users of 9-1-1 emergency services, as expressly provided for
481+17 in this Act, the Illinois State Police may be considered a
482+18 public safety agency.
483+19 "Public safety answering point" or "PSAP" means the
484+20 primary answering location of an emergency call that meets the
485+21 appropriate standards of service and is responsible for
486+22 receiving and processing those calls and events according to a
487+23 specified operational policy.
488+24 "PSAP representative" means the manager or supervisor of a
489+25 Public Safety Answering Point (PSAP) who oversees the daily
490+26 operational functions and is responsible for the overall
491+
492+
493+
494+
495+
496+ HB3940 Enrolled - 14 - LRB103 25395 AWJ 51742 b
497+
498+
499+HB3940 Enrolled- 15 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 15 - LRB103 25395 AWJ 51742 b
500+ HB3940 Enrolled - 15 - LRB103 25395 AWJ 51742 b
501+1 management and administration of the PSAP.
502+2 "Public safety telecommunicator" means any person employed
503+3 in a full-time or part-time capacity at an answering point
504+4 whose duties or responsibilities include answering, receiving,
505+5 or transferring an emergency call for dispatch to the
506+6 appropriate emergency responder.
507+7 "Public safety telecommunicator supervisor" means any
508+8 person employed in a full-time or part-time capacity at an
509+9 answering point or by a 9-1-1 Authority, whose primary duties
510+10 or responsibilities are to direct, administer, or manage any
511+11 public safety telecommunicator and whose responsibilities
512+12 include answering, receiving, or transferring an emergency
513+13 call for dispatch to the appropriate emergency responders.
514+14 "Referral" means a 9-1-1 service in which the public
515+15 safety telecommunicator provides the calling party with the
516+16 telephone number of the appropriate public safety agency or
517+17 other provider of emergency services.
518+18 "Regular service" means any telecommunications service,
519+19 other than advanced service, that is capable of transporting
520+20 either the subscriber's inter-premises voice
521+21 telecommunications services to the public switched network or
522+22 the subscriber's 9-1-1 calls to the public agency.
523+23 "Relay" means a 9-1-1 service in which the public safety
524+24 telecommunicator takes the pertinent information from a caller
525+25 and relays that information to the appropriate public safety
526+26 agency or other provider of emergency services.
527+
528+
529+
530+
531+
532+ HB3940 Enrolled - 15 - LRB103 25395 AWJ 51742 b
533+
534+
535+HB3940 Enrolled- 16 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 16 - LRB103 25395 AWJ 51742 b
536+ HB3940 Enrolled - 16 - LRB103 25395 AWJ 51742 b
537+1 "Remit period" means the billing period, one month in
538+2 duration, for which a wireless carrier remits a surcharge and
539+3 provides subscriber information by zip code to the Illinois
540+4 State Police, in accordance with Section 20 of this Act.
541+5 "Secondary Answering Point" or "SAP" means a location,
542+6 other than a PSAP, that is able to receive the voice, data, and
543+7 call back number of E9-1-1 or NG9-1-1 emergency calls
544+8 transferred from a PSAP and completes the call taking process
545+9 by dispatching police, medical, fire, or other emergency
546+10 responders.
547+11 "Shared residential MLTS service" means the use of one or
548+12 more MLTS or MLTS services to provide telephone service to
549+13 residential facilities, including, but not limited to,
550+14 single-family dwellings and multi-family dwellings, such as
551+15 apartments, even if the service is not individually billed.
552+16 "Shared telecommunications services" means the provision
553+17 of telecommunications and information management services and
554+18 equipment within a user group located in discrete private
555+19 premises in building complexes, campuses, or high-rise
556+20 buildings by a commercial shared services provider or by a
557+21 user association, through privately owned customer premises
558+22 equipment and associated data processing and information
559+23 management services. The term "shared telecommunications
560+24 services" includes the provisioning of connections to the
561+25 facilities of a local exchange carrier or an interexchange
562+26 carrier.
563+
564+
565+
566+
567+
568+ HB3940 Enrolled - 16 - LRB103 25395 AWJ 51742 b
569+
570+
571+HB3940 Enrolled- 17 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 17 - LRB103 25395 AWJ 51742 b
572+ HB3940 Enrolled - 17 - LRB103 25395 AWJ 51742 b
573+1 "Statewide wireless emergency 9-1-1 system" means all
574+2 areas of the State where an emergency telephone system board
575+3 has not declared its intention for one or more of its public
576+4 safety answering points to serve as a primary wireless 9-1-1
577+5 public safety answering point for its jurisdiction. The
578+6 operator of the statewide wireless emergency 9-1-1 system
579+7 shall be the Illinois State Police.
580+8 "System" means the communications equipment and related
581+9 software applications required to produce a response by the
582+10 appropriate emergency public safety agency or other provider
583+11 of emergency services as a result of an emergency call being
584+12 placed to 9-1-1.
585+13 "System provider" means the contracted entity providing
586+14 9-1-1 network and database services.
587+15 "Telecommunications carrier" means those entities included
588+16 within the definition specified in Section 13-202 of the
589+17 Public Utilities Act, and includes those carriers acting as
590+18 resellers of telecommunications services. "Telecommunications
591+19 carrier" includes telephone systems operating as mutual
592+20 concerns. "Telecommunications carrier" does not include a
593+21 wireless carrier.
594+22 "Telecommunications technology" means equipment that can
595+23 send and receive written messages over the telephone network.
596+24 "Temporary residence MLTS" means the use of a MLTS or MLTS
597+25 service to provide telephone service to occupants of temporary
598+26 or transient dwellings, including, but not limited to,
599+
600+
601+
602+
603+
604+ HB3940 Enrolled - 17 - LRB103 25395 AWJ 51742 b
605+
606+
607+HB3940 Enrolled- 18 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 18 - LRB103 25395 AWJ 51742 b
608+ HB3940 Enrolled - 18 - LRB103 25395 AWJ 51742 b
609+1 dormitories, hotels, motels, health care facilities, and
610+2 nursing homes, or other similar facilities.
611+3 "Transfer" means a 9-1-1 service in which the public
612+4 safety telecommunicator, who receives an emergency call,
613+5 transmits, redirects, or conferences that call to the
614+6 appropriate public safety agency or other provider of
615+7 emergency services. "Transfer" shall not include a relay or
616+8 referral of the information without transferring the caller.
617+9 "Transmitting messages" shall have the meaning given to
618+10 that term under Section 8-11-2 of the Illinois Municipal Code.
619+11 "Trunk line" means a transmission path, or group of
620+12 transmission paths, connecting a subscriber's PBX to a
621+13 telecommunications carrier's public switched network. In the
622+14 case of regular service, each voice grade communications
623+15 channel or equivalent amount of bandwidth capable of
624+16 transporting either the subscriber's inter-premises voice
625+17 telecommunications services to the public switched network or
626+18 the subscriber's 9-1-1 calls to the public agency shall be
627+19 considered a trunk line, even if it is bundled with other
628+20 channels or additional bandwidth. In the case of advanced
629+21 service, each DS-1, T-1, or other un-channelized or
630+22 multi-channel transmission facility that is capable of
631+23 transporting either the subscriber's inter-premises voice
632+24 telecommunications services to the public switched network or
633+25 the subscriber's 9-1-1 calls to the public agency shall be
634+26 considered a single trunk line, even if it contains multiple
635+
636+
637+
638+
639+
640+ HB3940 Enrolled - 18 - LRB103 25395 AWJ 51742 b
641+
642+
643+HB3940 Enrolled- 19 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 19 - LRB103 25395 AWJ 51742 b
644+ HB3940 Enrolled - 19 - LRB103 25395 AWJ 51742 b
645+1 voice grade communications channels or otherwise supports 2 or
646+2 more voice grade calls at a time; provided, however, that each
647+3 additional increment of up to 24 voice grade channels of
648+4 transmission capacity that is capable of transporting either
649+5 the subscriber's inter-premises voice telecommunications
650+6 services to the public switched network or the subscriber's
651+7 9-1-1 calls to the public agency shall be considered an
652+8 additional trunk line.
653+9 "Unmanned backup answering point" means an answering point
654+10 that serves as an alternate to the PSAP at an alternate
655+11 location and is typically unmanned but can be activated if the
656+12 primary PSAP is disabled.
657+13 "Virtual answering point" or "VAP" means a temporary or
658+14 nonpermanent location that is capable of receiving an
659+15 emergency call, contains a fully functional worksite that is
660+16 not bound to a specific location, but rather is portable and
661+17 scalable, connecting public safety telecommunicators to the
662+18 work process, and is capable of completing the call
663+19 dispatching process.
664+20 "Voice-impaired individual" means a person with a
665+21 permanent speech disability which precludes oral
666+22 communication, who can regularly and routinely communicate by
667+23 telephone only through the aid of devices which can send and
668+24 receive written messages over the telephone network.
669+25 "Wireless carrier" means a provider of two-way cellular,
670+26 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
671+
672+
673+
674+
675+
676+ HB3940 Enrolled - 19 - LRB103 25395 AWJ 51742 b
677+
678+
679+HB3940 Enrolled- 20 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 20 - LRB103 25395 AWJ 51742 b
680+ HB3940 Enrolled - 20 - LRB103 25395 AWJ 51742 b
681+1 Mobile Radio Service (CMRS), Wireless Communications Service
682+2 (WCS), or other Commercial Mobile Radio Service (CMRS), as
683+3 defined by the Federal Communications Commission, offering
684+4 radio communications that may provide fixed, mobile, radio
685+5 location, or satellite communication services to individuals
686+6 or businesses within its assigned spectrum block and
687+7 geographical area or that offers real-time, two-way voice
688+8 service that is interconnected with the public switched
689+9 network, including a reseller of such service.
690+10 "Wireless enhanced 9-1-1" means the ability to relay the
691+11 telephone number of the originator of a 9-1-1 call and
692+12 location information from any mobile handset or text telephone
693+13 device accessing the wireless system to the designated
694+14 wireless public safety answering point as set forth in the
695+15 order of the Federal Communications Commission, FCC Docket No.
696+16 94-102, adopted June 12, 1996, with an effective date of
697+17 October 1, 1996, and any subsequent amendment thereto.
698+18 "Wireless public safety answering point" means the
699+19 functional division of a 9-1-1 authority accepting wireless
700+20 9-1-1 calls.
701+21 "Wireless subscriber" means an individual or entity to
702+22 whom a wireless service account or number has been assigned by
703+23 a wireless carrier, other than an account or number associated
704+24 with prepaid wireless telecommunication service.
705+25 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
706+26 102-813, eff. 5-13-22; 102-983, eff. 5-27-22.)
707+
708+
709+
710+
711+
712+ HB3940 Enrolled - 20 - LRB103 25395 AWJ 51742 b
713+
714+
715+HB3940 Enrolled- 21 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 21 - LRB103 25395 AWJ 51742 b
716+ HB3940 Enrolled - 21 - LRB103 25395 AWJ 51742 b
717+1 (50 ILCS 750/3) (from Ch. 134, par. 33)
718+2 (Section scheduled to be repealed on December 31, 2023)
719+3 Sec. 3. (a) By July 1, 2017, every local public agency
720+4 shall be within the jurisdiction of a 9-1-1 system.
721+5 (b) Within 36 18 months of the awarding of a contract to a
722+6 vendor certified under Section 13-900 of the Public Utilities
723+7 Act to provide Next Generation 9-1-1 service, every 9-1-1
724+8 system in Illinois, except in a municipality with a population
725+9 over 500,000, shall provide Next Generation 9-1-1 service. A
726+10 municipality with a population over 500,000 shall provide Next
727+11 Generation 9-1-1 service by July 1, 2024 December 31, 2023.
728+12 (c) Nothing in this Act shall be construed to prohibit or
729+13 discourage in any way the formation of multijurisdictional or
730+14 regional systems, and any system established pursuant to this
731+15 Act may include the territory of more than one public agency or
732+16 may include a segment of the territory of a public agency.
733+17 (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
734+18 (50 ILCS 750/6.2)
735+19 (Section scheduled to be repealed on December 31, 2023)
736+20 Sec. 6.2. Every 9-1-1 system shall be able to accept text
737+21 to 9-1-1 no later than July 1, 2024 January 1, 2023. The
738+22 Illinois State Police shall adopt rules for the implementation
739+23 of this Section.
740+24 (Source: P.A. 102-9, eff. 6-3-21.)
741+
742+
743+
744+
745+
746+ HB3940 Enrolled - 21 - LRB103 25395 AWJ 51742 b
747+
748+
749+HB3940 Enrolled- 22 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 22 - LRB103 25395 AWJ 51742 b
750+ HB3940 Enrolled - 22 - LRB103 25395 AWJ 51742 b
751+1 (50 ILCS 750/11.5)
752+2 (Section scheduled to be repealed on December 31, 2023)
753+3 Sec. 11.5. Aggregator and originating service provider
754+4 responsibilities.
755+5 (a) Each aggregator, and the originating service providers
756+6 whose 9-1-1 calls are being aggregated by the aggregator,
757+7 shall comply with their respective requirements in 83 Ill.
758+8 Adm. Code 725.410.
759+9 (b) Beginning February 1, 2024 and every February 1
760+10 thereafter July 1, 2021, each aggregator that is operating
761+11 within the State must submit email the Office of the Statewide
762+12 9-1-1 Administrator to provide the following information that
763+13 supports the implementation of and the migration to the
764+14 Statewide NG9-1-1 system to the Office of the Statewide 9-1-1
765+15 Administrator on a form prescribed and made available by the
766+16 Illinois State Police for this purpose:
767+17 (1) A company 9-1-1 contact, address, email, and phone
768+18 number.
769+19 (2) A list of originating service providers that the
770+20 aggregator transports 9-1-1 calls for and then to the
771+21 appropriate 9-1-1 system provider. New or current
772+22 aggregators must update the required information within 30
773+23 days of implementing any changes in information required
774+24 by this subsection.
775+25 (c) Each aggregator shall establish procedures for
776+
777+
778+
779+
780+
781+ HB3940 Enrolled - 22 - LRB103 25395 AWJ 51742 b
782+
783+
784+HB3940 Enrolled- 23 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 23 - LRB103 25395 AWJ 51742 b
785+ HB3940 Enrolled - 23 - LRB103 25395 AWJ 51742 b
786+1 receiving No Record Found errors from the 9-1-1 System
787+2 Provider, identifying the originating service provider who
788+3 delivered the call to the aggregator, and referring the No
789+4 Record Found errors to that originating service provider.
790+5 (d) Each originating service provider shall establish
791+6 procedures with the 9-1-1 system provider for preventing and
792+7 resolving No Record Found errors in the 9-1-1 database and
793+8 make every effort to ensure 9-1-1 calls are sent to the
794+9 appropriate public safety answering point.
795+10 (e) If a 9-1-1 system is being transitioned to NG9-1-1
796+11 service or to a new provider, each aggregator shall be
797+12 responsible for coordinating any modifications that are needed
798+13 to ensure that the originating service provider provides the
799+14 required level of service to its customers. Each aggregator
800+15 shall coordinate those network changes or additions for those
801+16 migrations in a timely manner with the appropriate 9-1-1
802+17 system provider who shall be managing its respective
803+18 implementation schedule and cut over. Each aggregator shall
804+19 send notice to its originating service provider customers of
805+20 the aggregator's successful turn up of the network changes or
806+21 additions supporting the migration and include the necessary
807+22 information for the originating service provider's migration
808+23 (such as public safety answering point name, Federal
809+24 Communications Commission Identification, and Emergency
810+25 Services Routing Number). The notice shall be provided to the
811+26 originating service providers within 2 weeks of acceptance
812+
813+
814+
815+
816+
817+ HB3940 Enrolled - 23 - LRB103 25395 AWJ 51742 b
818+
819+
820+HB3940 Enrolled- 24 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 24 - LRB103 25395 AWJ 51742 b
821+ HB3940 Enrolled - 24 - LRB103 25395 AWJ 51742 b
822+1 testing and conversion activities between the aggregator and
823+2 the 9-1-1 system provider.
824+3 (f) The 9-1-1 system provider shall coordinate directly
825+4 with the originating service providers (unless the aggregator
826+5 separately agrees to coordinate with the originating service
827+6 providers) for migration, but in no case shall that migration
828+7 exceed 30 days after receipt of notice from the aggregator,
829+8 unless agreed to by the originating service provider and 9-1-1
830+9 system provider.
831+10 (g) Each aggregator shall coordinate test calls with the
832+11 9-1-1 system provider and the 9-1-1 Authority when turning up
833+12 new circuits or making network changes. Each originating
834+13 service provider shall perform testing of its network and
835+14 provisioning upon notification from the aggregator that the
836+15 network has been tested and accepted with the 9-1-1 system
837+16 provider.
838+17 (h) Each aggregator and originating service provider
839+18 customer shall deliver all 9-1-1 calls, audio, data, and
840+19 location to the 9-1-1 system at a location determined by the
841+20 State.
842+21 (Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21.)
843+22 (50 ILCS 750/14) (from Ch. 134, par. 44)
844+23 (Section scheduled to be repealed on December 31, 2023)
845+24 Sec. 14. The General Assembly declares that a major
846+25 purpose of this Act is to ensure that 9-1-1 systems have
847+
848+
849+
850+
851+
852+ HB3940 Enrolled - 24 - LRB103 25395 AWJ 51742 b
853+
854+
855+HB3940 Enrolled- 25 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 25 - LRB103 25395 AWJ 51742 b
856+ HB3940 Enrolled - 25 - LRB103 25395 AWJ 51742 b
857+1 redundant methods of dispatch for: (1) each public safety
858+2 agency within its jurisdiction, herein known as participating
859+3 agencies; and (2) 9-1-1 systems whose jurisdictional
860+4 boundaries are contiguous, herein known as adjacent 9-1-1
861+5 systems, when an emergency request for service is received for
862+6 a public safety agency that needs to be dispatched by the
863+7 adjacent 9-1-1 system. Another primary purpose of this Section
864+8 is to eliminate instances in which a public safety agency
865+9 refuses, once dispatched, to render aid outside of the
866+10 jurisdictional boundaries of the public safety agency.
867+11 Therefore, in implementing a 9-1-1 system under this Act, all
868+12 9-1-1 authorities shall enter into call handling and aid
869+13 outside jurisdictional boundaries agreements with each
870+14 participating agency and adjacent 9-1-1 system. The agreements
871+15 shall provide a primary and secondary means of dispatch. It
872+16 must also provide that, once an emergency unit is dispatched
873+17 in response to a request through the system, such unit shall
874+18 render its services to the requesting party without regard to
875+19 whether the unit is operating outside its normal
876+20 jurisdictional boundaries. The call handling and aid outside
877+21 jurisdictional boundaries agreements shall be incorporated
878+22 into the plan filed under Section 11. Notice of any changes to
879+23 call handling and aid outside jurisdictional boundaries
880+24 agreements must be made annually during the financial
881+25 reporting process Certified notification of the continuation
882+26 of call handling and aid outside jurisdictional boundaries
883+
884+
885+
886+
887+
888+ HB3940 Enrolled - 25 - LRB103 25395 AWJ 51742 b
889+
890+
891+HB3940 Enrolled- 26 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 26 - LRB103 25395 AWJ 51742 b
892+ HB3940 Enrolled - 26 - LRB103 25395 AWJ 51742 b
893+1 agreements shall be made among the involved parties on an
894+2 annual basis. The Illinois State Police may adopt rules for
895+3 the administration of this Section.
896+4 (Source: P.A. 102-9, eff. 6-3-21.)
897+5 (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
898+6 (Section scheduled to be repealed on December 31, 2023)
899+7 Sec. 15.2. Any person placing a call or text an "emergency
900+8 call" to the number "911" or causing a transmission, in any
901+9 manner, to a public safety agency or public safety answering
902+10 point for the purpose of making an alarm or complaint and
903+11 reporting false information when, at the time the call, text,
904+12 or transmission is made, the person knows there is no
905+13 reasonable ground for making the call, text, or transmission
906+14 and further knows that the call , text, or transmission could
907+15 result in the emergency response of any public safety agency,
908+16 is subject to the provisions of Section 26-1 of the Criminal
909+17 Code of 2012.
910+18 (Source: P.A. 102-9, eff. 6-3-21.)
911+19 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
912+20 (Section scheduled to be repealed on December 31, 2023)
913+21 Sec. 15.3. Local non-wireless surcharge.
914+22 (a) Except as provided in subsection (l) of this Section,
915+23 the corporate authorities of any municipality or any county
916+24 may, subject to the limitations of subsections (c), (d), and
917+
918+
919+
920+
921+
922+ HB3940 Enrolled - 26 - LRB103 25395 AWJ 51742 b
923+
924+
925+HB3940 Enrolled- 27 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 27 - LRB103 25395 AWJ 51742 b
926+ HB3940 Enrolled - 27 - LRB103 25395 AWJ 51742 b
927+1 (h), and in addition to any tax levied pursuant to the
928+2 Simplified Municipal Telecommunications Tax Act, impose a
929+3 monthly surcharge on billed subscribers of network connection
930+4 provided by telecommunication carriers engaged in the business
931+5 of transmitting messages by means of electricity originating
932+6 within the corporate limits of the municipality or county
933+7 imposing the surcharge at a rate per network connection
934+8 determined in accordance with subsection (c), however the
935+9 monthly surcharge shall not apply to a network connection
936+10 provided for use with pay telephone services. Provided,
937+11 however, that where multiple voice grade communications
938+12 channels are connected between the subscriber's premises and a
939+13 public switched network through private branch exchange (PBX)
940+14 or centrex type service, a municipality imposing a surcharge
941+15 at a rate per network connection, as determined in accordance
942+16 with this Act, shall impose:
943+17 (i) in a municipality with a population of 500,000 or
944+18 less or in any county, 5 such surcharges per network
945+19 connection, as defined under Section 2 of this Act, for
946+20 both regular service and advanced service provisioned
947+21 trunk lines;
948+22 (ii) in a municipality with a population, prior to
949+23 March 1, 2010, of 500,000 or more, 5 surcharges per
950+24 network connection, as defined under Section 2 of this
951+25 Act, for both regular service and advanced service
952+26 provisioned trunk lines;
953+
954+
955+
956+
957+
958+ HB3940 Enrolled - 27 - LRB103 25395 AWJ 51742 b
959+
960+
961+HB3940 Enrolled- 28 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 28 - LRB103 25395 AWJ 51742 b
962+ HB3940 Enrolled - 28 - LRB103 25395 AWJ 51742 b
963+1 (iii) in a municipality with a population, as of March
964+2 1, 2010, of 500,000 or more, 5 surcharges per network
965+3 connection, as defined under Section 2 of this Act, for
966+4 regular service provisioned trunk lines, and 12 surcharges
967+5 per network connection, as defined under Section 2 of this
968+6 Act, for advanced service provisioned trunk lines, except
969+7 where an advanced service provisioned trunk line supports
970+8 at least 2 but fewer than 23 simultaneous voice grade
971+9 calls ("VGC's"), a telecommunication carrier may elect to
972+10 impose fewer than 12 surcharges per trunk line as provided
973+11 in subsection (iv) of this Section; or
974+12 (iv) for an advanced service provisioned trunk line
975+13 connected between the subscriber's premises and the public
976+14 switched network through a P.B.X., where the advanced
977+15 service provisioned trunk line is capable of transporting
978+16 at least 2 but fewer than 23 simultaneous VGC's per trunk
979+17 line, the telecommunications carrier collecting the
980+18 surcharge may elect to impose surcharges in accordance
981+19 with the table provided in this Section, without limiting
982+20 any telecommunications carrier's obligations to otherwise
983+21 keep and maintain records. Any telecommunications carrier
984+22 electing to impose fewer than 12 surcharges per an
985+23 advanced service provisioned trunk line shall keep and
986+24 maintain records adequately to demonstrate the VGC
987+25 capability of each advanced service provisioned trunk line
988+26 with fewer than 12 surcharges imposed, provided that 12
989+
990+
991+
992+
993+
994+ HB3940 Enrolled - 28 - LRB103 25395 AWJ 51742 b
995+
996+
997+HB3940 Enrolled- 29 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 29 - LRB103 25395 AWJ 51742 b
998+ HB3940 Enrolled - 29 - LRB103 25395 AWJ 51742 b
999+1 surcharges shall be imposed on an advanced service
1000+2 provisioned trunk line regardless of the VGC capability
1001+3 where a telecommunications carrier cannot demonstrate the
1002+4 VGC capability of the advanced service provisioned trunk
1003+5 line.
1004+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
1005+6 Facility VGC's 911 Surcharges
1006+7 Advanced service provisioned trunk line 18-23 12
1007+8 Advanced service provisioned trunk line 12-17 10
1008+9 Advanced service provisioned trunk line 2-11 8
1009+10 Subsections (i), (ii), (iii), and (iv) are not intended to
1010+11 make any change in the meaning of this Section, but are
1011+12 intended to remove possible ambiguity, thereby confirming the
1012+13 intent of paragraph (a) as it existed prior to and following
1013+14 the effective date of this amendatory Act of the 97th General
1014+15 Assembly.
1015+16 For mobile telecommunications services, if a surcharge is
1016+17 imposed it shall be imposed based upon the municipality or
1017+18 county that encompasses the customer's place of primary use as
1018+19 defined in the Mobile Telecommunications Sourcing Conformity
1019+20 Act. A municipality may enter into an intergovernmental
1020+21 agreement with any county in which it is partially located,
1021+22 when the county has adopted an ordinance to impose a surcharge
1022+23 as provided in subsection (c), to include that portion of the
1023+24 municipality lying outside the county in that county's
1024+
1025+
1026+
1027+
1028+
1029+ HB3940 Enrolled - 29 - LRB103 25395 AWJ 51742 b
1030+
1031+
1032+6 Facility VGC's 911 Surcharges
1033+7 Advanced service provisioned trunk line 18-23 12
1034+8 Advanced service provisioned trunk line 12-17 10
1035+9 Advanced service provisioned trunk line 2-11 8
1036+
1037+
1038+HB3940 Enrolled- 30 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 30 - LRB103 25395 AWJ 51742 b
1039+ HB3940 Enrolled - 30 - LRB103 25395 AWJ 51742 b
1040+1 surcharge referendum. If the county's surcharge referendum is
1041+2 approved, the portion of the municipality identified in the
1042+3 intergovernmental agreement shall automatically be
1043+4 disconnected from the county in which it lies and connected to
1044+5 the county which approved the referendum for purposes of a
1045+6 surcharge on telecommunications carriers.
1046+7 (b) For purposes of computing the surcharge imposed by
1047+8 subsection (a), the network connections to which the surcharge
1048+9 shall apply shall be those in-service network connections,
1049+10 other than those network connections assigned to the
1050+11 municipality or county, where the service address for each
1051+12 such network connection or connections is located within the
1052+13 corporate limits of the municipality or county levying the
1053+14 surcharge. Except for mobile telecommunication services, the
1054+15 "service address" shall mean the location of the primary use
1055+16 of the network connection or connections. For mobile
1056+17 telecommunication services, "service address" means the
1057+18 customer's place of primary use as defined in the Mobile
1058+19 Telecommunications Sourcing Conformity Act.
1059+20 (c) Upon the passage of an ordinance to impose a surcharge
1060+21 under this Section the clerk of the municipality or county
1061+22 shall certify the question of whether the surcharge may be
1062+23 imposed to the proper election authority who shall submit the
1063+24 public question to the electors of the municipality or county
1064+25 in accordance with the general election law; provided that
1065+26 such question shall not be submitted at a consolidated primary
1066+
1067+
1068+
1069+
1070+
1071+ HB3940 Enrolled - 30 - LRB103 25395 AWJ 51742 b
1072+
1073+
1074+HB3940 Enrolled- 31 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 31 - LRB103 25395 AWJ 51742 b
1075+ HB3940 Enrolled - 31 - LRB103 25395 AWJ 51742 b
1076+1 election. The public question shall be in substantially the
1077+2 following form:
1078+3 -------------------------------------------------------------
1079+4 Shall the county (or city, village
1080+5 or incorporated town) of ..... impose YES
1081+6 a surcharge of up to ... per month per
1082+7 network connection, which surcharge will
1083+8 be added to the monthly bill you receive ------------------
1084+9 for telephone or telecommunications
1085+10 charges, for the purpose of installing
1086+11 (or improving) a 9-1-1 Emergency NO
1087+12 Telephone System?
1088+13 -------------------------------------------------------------
1089+14 If a majority of the votes cast upon the public question
1090+15 are in favor thereof, the surcharge shall be imposed.
1091+16 However, if a Joint Emergency Telephone System Board is to
1092+17 be created pursuant to an intergovernmental agreement under
1093+18 Section 15.4, the ordinance to impose the surcharge shall be
1094+19 subject to the approval of a majority of the total number of
1095+20 votes cast upon the public question by the electors of all of
1096+21 the municipalities or counties, or combination thereof, that
1097+22 are parties to the intergovernmental agreement.
1098+23 The referendum requirement of this subsection (c) shall
1099+24 not apply to any municipality with a population over 500,000
1100+25 or to any county in which a proposition as to whether a
1101+26 sophisticated 9-1-1 Emergency Telephone System should be
1102+
1103+
1104+
1105+
1106+
1107+ HB3940 Enrolled - 31 - LRB103 25395 AWJ 51742 b
1108+
1109+
1110+HB3940 Enrolled- 32 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 32 - LRB103 25395 AWJ 51742 b
1111+ HB3940 Enrolled - 32 - LRB103 25395 AWJ 51742 b
1112+1 installed in the county, at a cost not to exceed a specified
1113+2 monthly amount per network connection, has previously been
1114+3 approved by a majority of the electors of the county voting on
1115+4 the proposition at an election conducted before the effective
1116+5 date of this amendatory Act of 1987.
1117+6 (d) A county may not impose a surcharge, unless requested
1118+7 by a municipality, in any incorporated area which has
1119+8 previously approved a surcharge as provided in subsection (c)
1120+9 or in any incorporated area where the corporate authorities of
1121+10 the municipality have previously entered into a binding
1122+11 contract or letter of intent with a telecommunications carrier
1123+12 to provide sophisticated 9-1-1 service through municipal
1124+13 funds.
1125+14 (e) A municipality or county may at any time by ordinance
1126+15 change the rate of the surcharge imposed under this Section if
1127+16 the new rate does not exceed the rate specified in the
1128+17 referendum held pursuant to subsection (c).
1129+18 (f) The surcharge authorized by this Section shall be
1130+19 collected from the subscriber by the telecommunications
1131+20 carrier providing the subscriber the network connection as a
1132+21 separately stated item on the subscriber's bill.
1133+22 (g) The amount of surcharge collected by the
1134+23 telecommunications carrier shall be paid to the particular
1135+24 municipality or county or Joint Emergency Telephone System
1136+25 Board not later than 30 days after the surcharge is collected,
1137+26 net of any network or other 9-1-1 or sophisticated 9-1-1
1138+
1139+
1140+
1141+
1142+
1143+ HB3940 Enrolled - 32 - LRB103 25395 AWJ 51742 b
1144+
1145+
1146+HB3940 Enrolled- 33 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 33 - LRB103 25395 AWJ 51742 b
1147+ HB3940 Enrolled - 33 - LRB103 25395 AWJ 51742 b
1148+1 system charges then due the particular telecommunications
1149+2 carrier, as shown on an itemized bill. The telecommunications
1150+3 carrier collecting the surcharge shall also be entitled to
1151+4 deduct 3% of the gross amount of surcharge collected to
1152+5 reimburse the telecommunications carrier for the expense of
1153+6 accounting and collecting the surcharge.
1154+7 (h) Except as expressly provided in subsection (a) of this
1155+8 Section, on or after the effective date of this amendatory Act
1156+9 of the 98th General Assembly and until December 31, 2017, a
1157+10 municipality with a population of 500,000 or more shall not
1158+11 impose a monthly surcharge per network connection in excess of
1159+12 the highest monthly surcharge imposed as of January 1, 2014 by
1160+13 any county or municipality under subsection (c) of this
1161+14 Section. Beginning January 1, 2018 and until December 31, 2025
1162+15 2023, a municipality with a population over 500,000 may not
1163+16 impose a monthly surcharge in excess of $5.00 per network
1164+17 connection. On or after January 1, 2026 2024, a municipality
1165+18 with a population over 500,000 may not impose a monthly
1166+19 surcharge in excess of $2.50 per network connection.
1167+20 (i) Any municipality or county or joint emergency
1168+21 telephone system board that has imposed a surcharge pursuant
1169+22 to this Section prior to the effective date of this amendatory
1170+23 Act of 1990 shall hereafter impose the surcharge in accordance
1171+24 with subsection (b) of this Section.
1172+25 (j) The corporate authorities of any municipality or
1173+26 county may issue, in accordance with Illinois law, bonds,
1174+
1175+
1176+
1177+
1178+
1179+ HB3940 Enrolled - 33 - LRB103 25395 AWJ 51742 b
1180+
1181+
1182+HB3940 Enrolled- 34 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 34 - LRB103 25395 AWJ 51742 b
1183+ HB3940 Enrolled - 34 - LRB103 25395 AWJ 51742 b
1184+1 notes or other obligations secured in whole or in part by the
1185+2 proceeds of the surcharge described in this Section. The State
1186+3 of Illinois pledges and agrees that it will not limit or alter
1187+4 the rights and powers vested in municipalities and counties by
1188+5 this Section to impose the surcharge so as to impair the terms
1189+6 of or affect the security for bonds, notes or other
1190+7 obligations secured in whole or in part with the proceeds of
1191+8 the surcharge described in this Section. The pledge and
1192+9 agreement set forth in this Section survive the termination of
1193+10 the surcharge under subsection (l) by virtue of the
1194+11 replacement of the surcharge monies guaranteed under Section
1195+12 20; the State of Illinois pledges and agrees that it will not
1196+13 limit or alter the rights vested in municipalities and
1197+14 counties to the surcharge replacement funds guaranteed under
1198+15 Section 20 so as to impair the terms of or affect the security
1199+16 for bonds, notes or other obligations secured in whole or in
1200+17 part with the proceeds of the surcharge described in this
1201+18 Section.
1202+19 (k) Any surcharge collected by or imposed on a
1203+20 telecommunications carrier pursuant to this Section shall be
1204+21 held to be a special fund in trust for the municipality, county
1205+22 or Joint Emergency Telephone Board imposing the surcharge.
1206+23 Except for the 3% deduction provided in subsection (g) above,
1207+24 the special fund shall not be subject to the claims of
1208+25 creditors of the telecommunication carrier.
1209+26 (l) Any surcharge imposed pursuant to this Section by a
1210+
1211+
1212+
1213+
1214+
1215+ HB3940 Enrolled - 34 - LRB103 25395 AWJ 51742 b
1216+
1217+
1218+HB3940 Enrolled- 35 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 35 - LRB103 25395 AWJ 51742 b
1219+ HB3940 Enrolled - 35 - LRB103 25395 AWJ 51742 b
1220+1 county or municipality, other than a municipality with a
1221+2 population in excess of 500,000, shall cease to be imposed on
1222+3 January 1, 2016.
1223+4 (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
1224+5 (50 ILCS 750/15.3a)
1225+6 (Section scheduled to be repealed on December 31, 2023)
1226+7 Sec. 15.3a. Local wireless surcharge.
1227+8 (a) Notwithstanding any other provision of this Act, a
1228+9 unit of local government or emergency telephone system board
1229+10 providing wireless 9-1-1 service and imposing and collecting a
1230+11 wireless carrier surcharge prior to July 1, 1998 may continue
1231+12 its practices of imposing and collecting its wireless carrier
1232+13 surcharge, but, except as provided in subsection (b) of this
1233+14 Section, in no event shall that monthly surcharge exceed $2.50
1234+15 per commercial mobile radio service (CMRS) connection or
1235+16 in-service telephone number billed on a monthly basis. For
1236+17 mobile telecommunications services provided on and after
1237+18 August 1, 2002, any surcharge imposed shall be imposed based
1238+19 upon the municipality or county that encompasses the
1239+20 customer's place of primary use as defined in the Mobile
1240+21 Telecommunications Sourcing Conformity Act.
1241+22 (b) Until December 31, 2017, the corporate authorities of
1242+23 a municipality with a population in excess of 500,000 on the
1243+24 effective date of this amendatory Act of the 99th General
1244+25 Assembly may by ordinance continue to impose and collect a
1245+
1246+
1247+
1248+
1249+
1250+ HB3940 Enrolled - 35 - LRB103 25395 AWJ 51742 b
1251+
1252+
1253+HB3940 Enrolled- 36 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 36 - LRB103 25395 AWJ 51742 b
1254+ HB3940 Enrolled - 36 - LRB103 25395 AWJ 51742 b
1255+1 monthly surcharge per commercial mobile radio service (CMRS)
1256+2 connection or in-service telephone number billed on a monthly
1257+3 basis that does not exceed the highest monthly surcharge
1258+4 imposed as of January 1, 2014 by any county or municipality
1259+5 under subsection (c) of Section 15.3 of this Act. Beginning
1260+6 January 1, 2018, and until December 31, 2025 2023, a
1261+7 municipality with a population in excess of 500,000 may by
1262+8 ordinance continue to impose and collect a monthly surcharge
1263+9 per commercial mobile radio service (CMRS) connection or
1264+10 in-service telephone number billed on a monthly basis that
1265+11 does not exceed $5.00. On or after January 1, 2026 2024, the
1266+12 municipality may continue imposing and collecting its wireless
1267+13 carrier surcharge as provided in and subject to the
1268+14 limitations of subsection (a) of this Section.
1269+15 (c) In addition to any other lawful purpose, a
1270+16 municipality with a population over 500,000 may use the moneys
1271+17 collected under this Section for any anti-terrorism or
1272+18 emergency preparedness measures, including, but not limited
1273+19 to, preparedness planning, providing local matching funds for
1274+20 federal or State grants, personnel training, and specialized
1275+21 equipment, including surveillance cameras, as needed to deal
1276+22 with natural and terrorist-inspired emergency situations or
1277+23 events.
1278+24 (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
1279+25 (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
1280+
1281+
1282+
1283+
1284+
1285+ HB3940 Enrolled - 36 - LRB103 25395 AWJ 51742 b
1286+
1287+
1288+HB3940 Enrolled- 37 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 37 - LRB103 25395 AWJ 51742 b
1289+ HB3940 Enrolled - 37 - LRB103 25395 AWJ 51742 b
1290+1 (Section scheduled to be repealed on December 31, 2023)
1291+2 Sec. 15.4. Emergency Telephone System Board; powers.
1292+3 (a) Except as provided in subsection (e) of this Section,
1293+4 the corporate authorities of any county or municipality may
1294+5 establish an Emergency Telephone System Board.
1295+6 The corporate authorities shall provide for the manner of
1296+7 appointment and the number of members of the Board, provided
1297+8 that the board shall consist of not fewer than 5 members, one
1298+9 of whom must be a public member who is a resident of the local
1299+10 exchange service territory included in the 9-1-1 coverage
1300+11 area, one of whom (in counties with a population less than
1301+12 100,000) may be a member of the county board, and at least 3 of
1302+13 whom shall be representative of the 9-1-1 public safety
1303+14 agencies, including but not limited to police departments,
1304+15 fire departments, emergency medical services providers, and
1305+16 emergency services and disaster agencies, and appointed on the
1306+17 basis of their ability or experience. In counties with a
1307+18 population of more than 100,000 but less than 2,000,000, a
1308+19 member of the county board may serve on the Emergency
1309+20 Telephone System Board. Elected officials, including members
1310+21 of a county board, are also eligible to serve on the board.
1311+22 Members of the board shall serve without compensation but
1312+23 shall be reimbursed for their actual and necessary expenses.
1313+24 Any 2 or more municipalities, counties, or combination
1314+25 thereof, may, instead of establishing individual boards,
1315+26 establish by intergovernmental agreement a Joint Emergency
1316+
1317+
1318+
1319+
1320+
1321+ HB3940 Enrolled - 37 - LRB103 25395 AWJ 51742 b
1322+
1323+
1324+HB3940 Enrolled- 38 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 38 - LRB103 25395 AWJ 51742 b
1325+ HB3940 Enrolled - 38 - LRB103 25395 AWJ 51742 b
1326+1 Telephone System Board pursuant to this Section. The manner of
1327+2 appointment of such a joint board shall be prescribed in the
1328+3 agreement. On or after the effective date of this amendatory
1329+4 Act of the 100th General Assembly, any new intergovernmental
1330+5 agreement entered into to establish or join a Joint Emergency
1331+6 Telephone System Board shall provide for the appointment of a
1332+7 PSAP representative to the board.
1333+8 Upon the effective date of this amendatory Act of the 98th
1334+9 General Assembly, appointed members of the Emergency Telephone
1335+10 System Board shall serve staggered 3-year terms if: (1) the
1336+11 Board serves a county with a population of 100,000 or less; and
1337+12 (2) appointments, on the effective date of this amendatory Act
1338+13 of the 98th General Assembly, are not for a stated term. The
1339+14 corporate authorities of the county or municipality shall
1340+15 assign terms to the board members serving on the effective
1341+16 date of this amendatory Act of the 98th General Assembly in the
1342+17 following manner: (1) one-third of board members' terms shall
1343+18 expire on January 1, 2015; (2) one-third of board members'
1344+19 terms shall expire on January 1, 2016; and (3) remaining board
1345+20 members' terms shall expire on January 1, 2017. Board members
1346+21 may be re-appointed upon the expiration of their terms by the
1347+22 corporate authorities of the county or municipality.
1348+23 The corporate authorities of a county or municipality may,
1349+24 by a vote of the majority of the members elected, remove an
1350+25 Emergency Telephone System Board member for misconduct,
1351+26 official misconduct, or neglect of office.
1352+
1353+
1354+
1355+
1356+
1357+ HB3940 Enrolled - 38 - LRB103 25395 AWJ 51742 b
1358+
1359+
1360+HB3940 Enrolled- 39 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 39 - LRB103 25395 AWJ 51742 b
1361+ HB3940 Enrolled - 39 - LRB103 25395 AWJ 51742 b
1362+1 (b) The powers and duties of the board shall be defined by
1363+2 ordinance of the municipality or county, or by
1364+3 intergovernmental agreement in the case of a joint board. The
1365+4 powers and duties shall include, but need not be limited to the
1366+5 following:
1367+6 (1) Planning a 9-1-1 system.
1368+7 (2) Coordinating and supervising the implementation,
1369+8 upgrading, or maintenance of the system, including the
1370+9 establishment of equipment specifications and coding
1371+10 systems.
1372+11 (3) Receiving moneys from the surcharge imposed under
1373+12 Section 15.3, or disbursed to it under Section 30, and
1374+13 from any other source, for deposit into the Emergency
1375+14 Telephone System Fund.
1376+15 (4) Authorizing all disbursements from the fund.
1377+16 (5) Hiring any staff necessary for the implementation
1378+17 or upgrade of the system.
1379+18 (6) (Blank).
1380+19 (7) Designating a 9-1-1 System Manager, whose duties
1381+20 and responsibilities shall be set forth by the Emergency
1382+21 Telephone System Board in writing.
1383+22 (c) All moneys received by a board pursuant to a surcharge
1384+23 imposed under Section 15.3, or disbursed to it under Section
1385+24 30, shall be deposited into a separate interest-bearing
1386+25 Emergency Telephone System Fund account. The treasurer of the
1387+26 municipality or county that has established the board or, in
1388+
1389+
1390+
1391+
1392+
1393+ HB3940 Enrolled - 39 - LRB103 25395 AWJ 51742 b
1394+
1395+
1396+HB3940 Enrolled- 40 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 40 - LRB103 25395 AWJ 51742 b
1397+ HB3940 Enrolled - 40 - LRB103 25395 AWJ 51742 b
1398+1 the case of a joint board, any municipal or county treasurer
1399+2 designated in the intergovernmental agreement, shall be
1400+3 custodian of the fund. All interest accruing on the fund shall
1401+4 remain in the fund. No expenditures may be made from such fund
1402+5 except upon the direction of the board by resolution passed by
1403+6 a majority of all members of the board.
1404+7 (d) The board shall complete and maintain a Next
1405+8 Generation 9-1-1 GIS database in accordance with NENA
1406+9 Standards before implementation of the NG9-1-1 system. The
1407+10 MSAG and GIS data standardizing and synchronization must reach
1408+11 a 98% or greater match rate, with an option of matching with
1409+12 ALI, before using GIS data for NG9-1-1 a Master Street Address
1410+13 Guide database before implementation of the 9-1-1 system. The
1411+14 error ratio of the database shall not at any time exceed 1% of
1412+15 the total database.
1413+16 (e) On and after January 1, 2016, no municipality or
1414+17 county may create an Emergency Telephone System Board unless
1415+18 the board is a Joint Emergency Telephone System Board. The
1416+19 corporate authorities of any county or municipality entering
1417+20 into an intergovernmental agreement to create or join a Joint
1418+21 Emergency Telephone System Board shall rescind an ordinance or
1419+22 ordinances creating a single Emergency Telephone System Board
1420+23 and shall eliminate the single Emergency Telephone System
1421+24 Board, effective upon the creation of the Joint Emergency
1422+25 Telephone System Board, with regulatory approval by the
1423+26 Administrator, or joining of the Joint Emergency Telephone
1424+
1425+
1426+
1427+
1428+
1429+ HB3940 Enrolled - 40 - LRB103 25395 AWJ 51742 b
1430+
1431+
1432+HB3940 Enrolled- 41 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 41 - LRB103 25395 AWJ 51742 b
1433+ HB3940 Enrolled - 41 - LRB103 25395 AWJ 51742 b
1434+1 System Board. Nothing in this Section shall be construed to
1435+2 require the dissolution of an Emergency Telephone System Board
1436+3 that is not succeeded by a Joint Emergency Telephone System
1437+4 Board or is not required to consolidate under Section 15.4a of
1438+5 this Act.
1439+6 (f) Within one year after the effective date of this
1440+7 amendatory Act of the 100th General Assembly, any corporate
1441+8 authorities of a county or municipality, other than a
1442+9 municipality with a population of more than 500,000, operating
1443+10 a 9-1-1 system without an Emergency Telephone System Board or
1444+11 Joint Emergency Telephone System Board shall create or join a
1445+12 Joint Emergency Telephone System Board.
1446+13 (Source: P.A. 102-9, eff. 6-3-21.)
1447+14 (50 ILCS 750/15.4b)
1448+15 (Section scheduled to be repealed on December 31, 2023)
1449+16 Sec. 15.4b. Consolidation grants.
1450+17 (a) The Administrator, with the advice and recommendation
1451+18 of the Statewide 9-1-1 Advisory Board, shall administer a
1452+19 9-1-1 System Consolidation Grant Program to defray costs
1453+20 associated with 9-1-1 system consolidation of systems outside
1454+21 of a municipality with a population in excess of 500,000. The
1455+22 awarded grants will be used to offset non-recurring costs
1456+23 associated with the consolidation of 9-1-1 systems and shall
1457+24 not be used for ongoing operating costs associated with the
1458+25 consolidated system. The Illinois State Police, in
1459+
1460+
1461+
1462+
1463+
1464+ HB3940 Enrolled - 41 - LRB103 25395 AWJ 51742 b
1465+
1466+
1467+HB3940 Enrolled- 42 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 42 - LRB103 25395 AWJ 51742 b
1468+ HB3940 Enrolled - 42 - LRB103 25395 AWJ 51742 b
1469+1 consultation with the Administrator and the Statewide 9-1-1
1470+2 Advisory Board, shall adopt rules defining the grant process
1471+3 and criteria for issuing the grants. The grants should be
1472+4 awarded based on criteria that include, but are not limited
1473+5 to:
1474+6 (1) reducing the number of transfers of a 9-1-1 call;
1475+7 (2) reducing the infrastructure required to adequately
1476+8 provide 9-1-1 network services;
1477+9 (3) promoting cost savings from resource sharing among
1478+10 9-1-1 systems;
1479+11 (4) facilitating interoperability and resiliency for
1480+12 the receipt of 9-1-1 calls;
1481+13 (5) reducing the number of 9-1-1 systems or reducing
1482+14 the number of PSAPs within a 9-1-1 system;
1483+15 (6) cost saving resulting from 9-1-1 system
1484+16 consolidation; and
1485+17 (7) expanding NG9-1-1 E9-1-1 service coverage as a
1486+18 result of 9-1-1 system consolidation including to areas
1487+19 without E9-1-1 service.
1488+20 Priority shall be given first to counties not providing
1489+21 9-1-1 service as of January 1, 2016, and next to other entities
1490+22 consolidating as required under Section 15.4a of this Act.
1491+23 (b) The 9-1-1 System Consolidation Grant application, as
1492+24 defined by Illinois State Police rules, shall be submitted
1493+25 electronically using the State's grant management system by
1494+26 February 1, 2024 and every February 1 to the Administrator
1495+
1496+
1497+
1498+
1499+
1500+ HB3940 Enrolled - 42 - LRB103 25395 AWJ 51742 b
1501+
1502+
1503+HB3940 Enrolled- 43 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 43 - LRB103 25395 AWJ 51742 b
1504+ HB3940 Enrolled - 43 - LRB103 25395 AWJ 51742 b
1505+1 starting January 2, 2016, and every January 2 thereafter. The
1506+2 application shall include a modified 9-1-1 system plan as
1507+3 required by this Act in support of the consolidation plan. The
1508+4 Administrator shall have until June 30, 2016 and every June 30
1509+5 thereafter to approve 9-1-1 System Consolidation grants and
1510+6 modified 9-1-1 system plans. Payment under the approved 9-1-1
1511+7 System Consolidation grants shall be contingent upon the final
1512+8 approval of a modified 9-1-1 system plan.
1513+9 (c) (Blank). Existing and previously completed
1514+10 consolidation projects shall be eligible to apply for
1515+11 reimbursement of costs related to the consolidation incurred
1516+12 between 2010 and the State fiscal year of the application.
1517+13 (d) The 9-1-1 systems that receive grants under this
1518+14 Section shall provide a report detailing grant fund usage to
1519+15 the Administrator pursuant to Section 40 of this Act.
1520+16 (Source: P.A. 102-538, eff. 8-20-21.)
1521+17 (50 ILCS 750/15.5)
1522+18 (Section scheduled to be repealed on December 31, 2023)
1523+19 Sec. 15.5. Grandfathered private residential switch or
1524+20 MLTS 9-1-1 service.
1525+21 (a) An entity that manages or operates a private
1526+22 residential switch service or shared residential or temporary
1527+23 residential MLTS service that was installed on or before
1528+24 February 16, 2020 shall ensure that the system is connected to
1529+25 the public switched telephone network so that calls to 9-1-1
1530+
1531+
1532+
1533+
1534+
1535+ HB3940 Enrolled - 43 - LRB103 25395 AWJ 51742 b
1536+
1537+
1538+HB3940 Enrolled- 44 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 44 - LRB103 25395 AWJ 51742 b
1539+ HB3940 Enrolled - 44 - LRB103 25395 AWJ 51742 b
1540+1 route to the appropriate 9-1-1 jurisdiction and shall ensure
1541+2 that the system includes, but is not limited to, the
1542+3 capability to provide ANI, the extension number, and the ALI
1543+4 containing the street address of the 9-1-1 caller who
1544+5 dispatchable location that is the source of the call to 9-1-1.
1545+6 (b) The private residential switch or shared residential
1546+7 or temporary residential MLTS service operator is responsible
1547+8 for forwarding end user ANI and ALI record information to the
1548+9 9-1-1 system provider according to the format, frequency, and
1549+10 procedures established by that system provider.
1550+11 (c) This Act does not apply to any MLTS telephone
1551+12 extension that uses radio transmissions to convey electrical
1552+13 signals directly between the telephone extension and the
1553+14 serving MLTS.
1554+15 (d) An entity that violates this Section is guilty of a
1555+16 business offense and shall be fined not less than $1,000 and
1556+17 not more than $5,000.
1557+18 (e) Nothing in this Section shall be construed to preclude
1558+19 the Attorney General on behalf of the Illinois State Police or
1559+20 on his or her own initiative, or any other interested person,
1560+21 from seeking judicial relief, by mandamus, injunction, or
1561+22 otherwise, to compel compliance with this Section.
1562+23 (Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
1563+24 (50 ILCS 750/20)
1564+25 (Section scheduled to be repealed on December 31, 2023)
1565+
1566+
1567+
1568+
1569+
1570+ HB3940 Enrolled - 44 - LRB103 25395 AWJ 51742 b
1571+
1572+
1573+HB3940 Enrolled- 45 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 45 - LRB103 25395 AWJ 51742 b
1574+ HB3940 Enrolled - 45 - LRB103 25395 AWJ 51742 b
1575+1 Sec. 20. Statewide surcharge.
1576+2 (a) On and after January 1, 2016, and except with respect
1577+3 to those customers who are subject to surcharges as provided
1578+4 in Sections 15.3 and 15.3a of this Act, a monthly surcharge
1579+5 shall be imposed on all customers of telecommunications
1580+6 carriers and wireless carriers as follows:
1581+7 (1) Each telecommunications carrier shall impose a
1582+8 monthly surcharge per network connection; provided,
1583+9 however, the monthly surcharge shall not apply to a
1584+10 network connection provided for use with pay telephone
1585+11 services. Where multiple voice grade communications
1586+12 channels are connected between the subscriber's premises
1587+13 and a public switched network through private branch
1588+14 exchange (PBX), Centrex type service, or other multiple
1589+15 voice grade communication channels facility, there shall
1590+16 be imposed 5 such surcharges per network connection for
1591+17 both regular service and advanced service provisioned
1592+18 trunk lines. Until December 31, 2017, the surcharge shall
1593+19 be $0.87 per network connection and on and after January
1594+20 1, 2018, the surcharge shall be $1.50 per network
1595+21 connection.
1596+22 (2) Each wireless carrier shall impose and collect a
1597+23 monthly surcharge per CMRS connection that either has a
1598+24 telephone number within an area code assigned to Illinois
1599+25 by the North American Numbering Plan Administrator or has
1600+26 a billing address in this State. Until December 31, 2017,
1601+
1602+
1603+
1604+
1605+
1606+ HB3940 Enrolled - 45 - LRB103 25395 AWJ 51742 b
1607+
1608+
1609+HB3940 Enrolled- 46 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 46 - LRB103 25395 AWJ 51742 b
1610+ HB3940 Enrolled - 46 - LRB103 25395 AWJ 51742 b
1611+1 the surcharge shall be $0.87 per connection and on and
1612+2 after January 1, 2018, the surcharge shall be $1.50 per
1613+3 connection.
1614+4 (b) State and local taxes shall not apply to the
1615+5 surcharges imposed under this Section.
1616+6 (c) The surcharges imposed by this Section shall be stated
1617+7 as a separately stated item on subscriber bills.
1618+8 (d) The telecommunications carrier collecting the
1619+9 surcharge may deduct and retain 1.74% of the gross amount of
1620+10 surcharge collected to reimburse the telecommunications
1621+11 carrier for the expense of accounting and collecting the
1622+12 surcharge. On and after July 1, 2022, the wireless carrier
1623+13 collecting a surcharge under this Section may deduct and
1624+14 retain 1.74% of the gross amount of the surcharge collected to
1625+15 reimburse the wireless carrier for the expense of accounting
1626+16 and collecting the surcharge.
1627+17 (d-5) Notwithstanding the provisions of subsection (d) of
1628+18 this Section, an amount not greater than 2.5% may be deducted
1629+19 and retained if the telecommunications or wireless carrier can
1630+20 support, through documentation, expenses that exceed the 1.74%
1631+21 allowed. The documentation shall be submitted to the Illinois
1632+22 State Police and input obtained from the Statewide 9-1-1
1633+23 Advisory Board prior to approval of the deduction.
1634+24 (e) Surcharges imposed under this Section shall be
1635+25 collected by the carriers and shall be remitted to the
1636+26 Illinois State Police, either by check or electronic funds
1637+
1638+
1639+
1640+
1641+
1642+ HB3940 Enrolled - 46 - LRB103 25395 AWJ 51742 b
1643+
1644+
1645+HB3940 Enrolled- 47 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 47 - LRB103 25395 AWJ 51742 b
1646+ HB3940 Enrolled - 47 - LRB103 25395 AWJ 51742 b
1647+1 transfer, by the end of the next calendar month after the
1648+2 calendar month in which it was collected for deposit into the
1649+3 Statewide 9-1-1 Fund. Carriers are not required to remit
1650+4 surcharge moneys that are billed to subscribers but not yet
1651+5 collected.
1652+6 The first remittance by wireless carriers shall include
1653+7 the number of subscribers by zip code, and the 9-digit zip code
1654+8 if currently being used or later implemented by the carrier,
1655+9 that shall be the means by which the Illinois State Police
1656+10 shall determine distributions from the Statewide 9-1-1 Fund.
1657+11 This information shall be updated at least once each year. Any
1658+12 carrier that fails to provide the zip code information
1659+13 required under this subsection (e) shall be subject to the
1660+14 penalty set forth in subsection (g) of this Section.
1661+15 (f) If, within 8 calendar days after it is due under
1662+16 subsection (e) of this Section, a carrier does not remit the
1663+17 surcharge or any portion thereof required under this Section,
1664+18 then the surcharge or portion thereof shall be deemed
1665+19 delinquent until paid in full, and the Illinois State Police
1666+20 may impose a penalty against the carrier in an amount equal to
1667+21 the greater of:
1668+22 (1) $25 for each month or portion of a month from the
1669+23 time an amount becomes delinquent until the amount is paid
1670+24 in full; or
1671+25 (2) an amount equal to the product of 1% and the sum of
1672+26 all delinquent amounts for each month or portion of a
1673+
1674+
1675+
1676+
1677+
1678+ HB3940 Enrolled - 47 - LRB103 25395 AWJ 51742 b
1679+
1680+
1681+HB3940 Enrolled- 48 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 48 - LRB103 25395 AWJ 51742 b
1682+ HB3940 Enrolled - 48 - LRB103 25395 AWJ 51742 b
1683+1 month that the delinquent amounts remain unpaid.
1684+2 A penalty imposed in accordance with this subsection (f)
1685+3 for a portion of a month during which the carrier pays the
1686+4 delinquent amount in full shall be prorated for each day of
1687+5 that month that the delinquent amount was paid in full. Any
1688+6 penalty imposed under this subsection (f) is in addition to
1689+7 the amount of the delinquency and is in addition to any other
1690+8 penalty imposed under this Section.
1691+9 (g) If, within 8 calendar days after it is due, a wireless
1692+10 carrier does not provide the number of subscribers by zip code
1693+11 as required under subsection (e) of this Section, then the
1694+12 report is deemed delinquent and the Illinois State Police may
1695+13 impose a penalty against the carrier in an amount equal to the
1696+14 greater of:
1697+15 (1) $25 for each month or portion of a month that the
1698+16 report is delinquent; or
1699+17 (2) an amount equal to the product of $0.01 and the
1700+18 number of subscribers served by the carrier for each month
1701+19 or portion of a month that the delinquent report is not
1702+20 provided.
1703+21 A penalty imposed in accordance with this subsection (g)
1704+22 for a portion of a month during which the carrier provides the
1705+23 number of subscribers by zip code as required under subsection
1706+24 (e) of this Section shall be prorated for each day of that
1707+25 month during which the carrier had not provided the number of
1708+26 subscribers by zip code as required under subsection (e) of
1709+
1710+
1711+
1712+
1713+
1714+ HB3940 Enrolled - 48 - LRB103 25395 AWJ 51742 b
1715+
1716+
1717+HB3940 Enrolled- 49 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 49 - LRB103 25395 AWJ 51742 b
1718+ HB3940 Enrolled - 49 - LRB103 25395 AWJ 51742 b
1719+1 this Section. Any penalty imposed under this subsection (g) is
1720+2 in addition to any other penalty imposed under this Section.
1721+3 (h) A penalty imposed and collected in accordance with
1722+4 subsection (f) or (g) of this Section shall be deposited into
1723+5 the Statewide 9-1-1 Fund for distribution according to Section
1724+6 30 of this Act.
1725+7 (i) The Illinois State Police may enforce the collection
1726+8 of any delinquent amount and any penalty due and unpaid under
1727+9 this Section by legal action or in any other manner by which
1728+10 the collection of debts due the State of Illinois may be
1729+11 enforced under the laws of this State. The Illinois State
1730+12 Police may excuse the payment of any penalty imposed under
1731+13 this Section if the Administrator determines that the
1732+14 enforcement of this penalty is unjust.
1733+15 (j) Notwithstanding any provision of law to the contrary,
1734+16 nothing shall impair the right of wireless carriers to recover
1735+17 unreimbursed compliance costs for all emergency communications
1736+18 services that are not reimbursed out of the Wireless Carrier
1737+19 Reimbursement Fund directly from their wireless subscribers by
1738+20 line-item charges on the wireless subscriber's bill. Those
1739+21 compliance costs include all costs incurred by wireless
1740+22 carriers in complying with local, State, and federal
1741+23 regulatory or legislative mandates that require the
1742+24 transmission and receipt of emergency communications to and
1743+25 from the general public, including, but not limited to,
1744+26 E9-1-1.
1745+
1746+
1747+
1748+
1749+
1750+ HB3940 Enrolled - 49 - LRB103 25395 AWJ 51742 b
1751+
1752+
1753+HB3940 Enrolled- 50 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 50 - LRB103 25395 AWJ 51742 b
1754+ HB3940 Enrolled - 50 - LRB103 25395 AWJ 51742 b
1755+1 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1756+2 102-813, eff. 5-13-22.)
1757+3 (50 ILCS 750/30)
1758+4 (Section scheduled to be repealed on December 31, 2023)
1759+5 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1760+6 (a) A special fund in the State treasury known as the
1761+7 Wireless Service Emergency Fund shall be renamed the Statewide
1762+8 9-1-1 Fund. Any appropriations made from the Wireless Service
1763+9 Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1764+10 The Fund shall consist of the following:
1765+11 (1) (Blank). 9-1-1 wireless surcharges assessed under
1766+12 the Wireless Emergency Telephone Safety Act.
1767+13 (2) 9-1-1 surcharges assessed under Section 20 of this
1768+14 Act.
1769+15 (3) Prepaid wireless 9-1-1 surcharges assessed under
1770+16 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1771+17 (4) Any appropriations, grants, or gifts made to the
1772+18 Fund.
1773+19 (5) Any income from interest, premiums, gains, or
1774+20 other earnings on moneys in the Fund.
1775+21 (6) Money from any other source that is deposited in
1776+22 or transferred to the Fund.
1777+23 (b) Subject to appropriation and availability of funds,
1778+24 the Illinois State Police shall distribute the 9-1-1
1779+25 surcharges monthly as follows:
1780+
1781+
1782+
1783+
1784+
1785+ HB3940 Enrolled - 50 - LRB103 25395 AWJ 51742 b
1786+
1787+
1788+HB3940 Enrolled- 51 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 51 - LRB103 25395 AWJ 51742 b
1789+ HB3940 Enrolled - 51 - LRB103 25395 AWJ 51742 b
1790+1 (1) From each surcharge collected and remitted under
1791+2 Section 20 of this Act:
1792+3 (A) $0.013 shall be distributed monthly in equal
1793+4 amounts to each County Emergency Telephone System
1794+5 Board in counties with a population under 100,000
1795+6 according to the most recent census data which is
1796+7 authorized to serve as a primary wireless 9-1-1 public
1797+8 safety answering point for the county and to provide
1798+9 wireless 9-1-1 service as prescribed by subsection (b)
1799+10 of Section 15.6a of this Act, and which does provide
1800+11 such service.
1801+12 (B) (Blank). $0.033 shall be transferred by the
1802+13 Comptroller at the direction of the Illinois State
1803+14 Police to the Wireless Carrier Reimbursement Fund
1804+15 until June 30, 2017; from July 1, 2017 through June 30,
1805+16 2018, $0.026 shall be transferred; from July 1, 2018
1806+17 through June 30, 2019, $0.020 shall be transferred;
1807+18 from July 1, 2019, through June 30, 2020, $0.013 shall
1808+19 be transferred; from July 1, 2020 through June 30,
1809+20 2021, $0.007 will be transferred; and after June 30,
1810+21 2021, no transfer shall be made to the Wireless
1811+22 Carrier Reimbursement Fund.
1812+23 (C) Until December 31, 2017, $0.007 and on and
1813+24 after January 1, 2018, $0.017 shall be used to cover
1814+25 the Illinois State Police's administrative costs.
1815+26 (D) Beginning January 1, 2018, until June 30,
1816+
1817+
1818+
1819+
1820+
1821+ HB3940 Enrolled - 51 - LRB103 25395 AWJ 51742 b
1822+
1823+
1824+HB3940 Enrolled- 52 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 52 - LRB103 25395 AWJ 51742 b
1825+ HB3940 Enrolled - 52 - LRB103 25395 AWJ 51742 b
1826+1 2020, $0.12, and on and after July 1, 2020, $0.04 shall
1827+2 be used to make monthly disbursements proportional
1828+3 grants to the appropriate 9-1-1 Authority currently
1829+4 taking wireless 9-1-1 based upon the United States
1830+5 Postal Zip Code of the billing addresses of
1831+6 subscribers wireless carriers.
1832+7 (E) Until June 30, 2023, $0.05 shall be used by the
1833+8 Illinois State Police for grants for NG9-1-1 expenses,
1834+9 with priority given to 9-1-1 Authorities that provide
1835+10 9-1-1 service within the territory of a Large Electing
1836+11 Provider as defined in Section 13-406.1 of the Public
1837+12 Utilities Act.
1838+13 (F) On and after July 1, 2020, $0.13 shall be used
1839+14 for the implementation of and continuing expenses for
1840+15 the Statewide NG9-1-1 system.
1841+16 (1.5) Beginning on the effective date of this
1842+17 amendatory Act of the 103rd General Assembly, to assist
1843+18 with the implementation of the statewide Next Generation
1844+19 9-1-1 network, the Illinois State Police's administrative
1845+20 costs include the one-time capital cost of upgrading the
1846+21 Illinois State Police's call-handling equipment to meet
1847+22 the standards necessary to access and increase
1848+23 interoperability with the statewide Next Generation 9-1-1
1849+24 network.
1850+25 (A) Upon completion of the Illinois State Police's
1851+26 call-handling equipment upgrades, but no later than
1852+
1853+
1854+
1855+
1856+
1857+ HB3940 Enrolled - 52 - LRB103 25395 AWJ 51742 b
1858+
1859+
1860+HB3940 Enrolled- 53 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 53 - LRB103 25395 AWJ 51742 b
1861+ HB3940 Enrolled - 53 - LRB103 25395 AWJ 51742 b
1862+1 June 30, 2024, surplus moneys in excess of $1,000,000
1863+2 from subparagraph (C) of paragraph (1) not utilized by
1864+3 the Illinois State Police for administrative costs
1865+4 shall be distributed to the 9-1-1 Authorities in
1866+5 accordance with subparagraph (E) of paragraph (2) on
1867+6 an annual basis at the end of the State fiscal year.
1868+7 Any remaining surplus money may also be distributed
1869+8 consistent with this paragraph (1.5) at the discretion
1870+9 of the Illinois State Police.
1871+10 (B) Upon implementation of the Statewide NG9-1-1
1872+11 system, but no later than June 30, 2024, surplus
1873+12 moneys in excess of $5,000,000 from subparagraph (F)
1874+13 of paragraph (1) not utilized by the Illinois State
1875+14 Police for the implementation of and continuing
1876+15 expenses for the Statewide NG9-1-1 system shall be
1877+16 distributed to the 9-1-1 Authorities in accordance
1878+17 with subparagraph (E) of subsection (2) on an annual
1879+18 basis at the end of the State fiscal year. Any
1880+19 remaining surplus money may also be distributed
1881+20 consistent with this paragraph (1.5) at the discretion
1882+21 of the Illinois State Police.
1883+22 (2) After disbursements under paragraph (1) of this
1884+23 subsection (b), all remaining funds in the Statewide 9-1-1
1885+24 Fund shall be disbursed in the following priority order:
1886+25 (A) The Fund shall pay monthly to:
1887+26 (i) the 9-1-1 Authorities that imposed
1888+
1889+
1890+
1891+
1892+
1893+ HB3940 Enrolled - 53 - LRB103 25395 AWJ 51742 b
1894+
1895+
1896+HB3940 Enrolled- 54 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 54 - LRB103 25395 AWJ 51742 b
1897+ HB3940 Enrolled - 54 - LRB103 25395 AWJ 51742 b
1898+1 surcharges under Section 15.3 of this Act and were
1899+2 required to report to the Illinois Commerce
1900+3 Commission under Section 27 of the Wireless
1901+4 Emergency Telephone Safety Act on October 1, 2014,
1902+5 except a 9-1-1 Authority in a municipality with a
1903+6 population in excess of 500,000, an amount equal
1904+7 to the average monthly wireline and VoIP surcharge
1905+8 revenue attributable to the most recent 12-month
1906+9 period reported to the Illinois State Police under
1907+10 that Section for the October 1, 2014 filing,
1908+11 subject to the power of the Illinois State Police
1909+12 to investigate the amount reported and adjust the
1910+13 number by order under Article X of the Public
1911+14 Utilities Act, so that the monthly amount paid
1912+15 under this item accurately reflects one-twelfth of
1913+16 the aggregate wireline and VoIP surcharge revenue
1914+17 properly attributable to the most recent 12-month
1915+18 period reported to the Commission; or
1916+19 (ii) county qualified governmental entities
1917+20 that did not impose a surcharge under Section 15.3
1918+21 as of December 31, 2015, and counties that did not
1919+22 impose a surcharge as of June 30, 2015, an amount
1920+23 equivalent to their population multiplied by .37
1921+24 multiplied by the rate of $0.69; counties that are
1922+25 not county qualified governmental entities and
1923+26 that did not impose a surcharge as of December 31,
1924+
1925+
1926+
1927+
1928+
1929+ HB3940 Enrolled - 54 - LRB103 25395 AWJ 51742 b
1930+
1931+
1932+HB3940 Enrolled- 55 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 55 - LRB103 25395 AWJ 51742 b
1933+ HB3940 Enrolled - 55 - LRB103 25395 AWJ 51742 b
1934+1 2015, shall not begin to receive the payment
1935+2 provided for in this subsection until E9-1-1 and
1936+3 wireless E9-1-1 services are provided within their
1937+4 counties; or
1938+5 (iii) counties without 9-1-1 service that had
1939+6 a surcharge in place by December 31, 2015, an
1940+7 amount equivalent to their population multiplied
1941+8 by .37 multiplied by their surcharge rate as
1942+9 established by the referendum.
1943+10 (B) All 9-1-1 network costs for systems outside of
1944+11 municipalities with a population of at least 500,000
1945+12 shall be paid by the Illinois State Police directly to
1946+13 the vendors.
1947+14 (C) All expenses incurred by the Administrator and
1948+15 the Statewide 9-1-1 Advisory Board and costs
1949+16 associated with procurement under Section 15.6b
1950+17 including requests for information and requests for
1951+18 proposals.
1952+19 (D) Funds may be held in reserve by the Statewide
1953+20 9-1-1 Advisory Board and disbursed by the Illinois
1954+21 State Police for grants under Section 15.4b of this
1955+22 Act and for NG9-1-1 expenses up to $12.5 million per
1956+23 year in State fiscal years 2016 and 2017; up to $20
1957+24 million in State fiscal year 2018; up to $20.9 million
1958+25 in State fiscal year 2019; up to $15.3 million in State
1959+26 fiscal year 2020; up to $16.2 million in State fiscal
1960+
1961+
1962+
1963+
1964+
1965+ HB3940 Enrolled - 55 - LRB103 25395 AWJ 51742 b
1966+
1967+
1968+HB3940 Enrolled- 56 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 56 - LRB103 25395 AWJ 51742 b
1969+ HB3940 Enrolled - 56 - LRB103 25395 AWJ 51742 b
1970+1 year 2021; up to $23.1 million in State fiscal year
1971+2 2022; and up to $17.0 million per year for State fiscal
1972+3 year 2023 and each year thereafter. The amount held in
1973+4 reserve in State fiscal years 2021, 2022, and 2023
1974+5 shall not be less than $6.5 million. Disbursements
1975+6 under this subparagraph (D) shall be prioritized as
1976+7 follows: (i) consolidation grants prioritized under
1977+8 subsection (a) of Section 15.4b of this Act; (ii)
1978+9 NG9-1-1 expenses; and (iii) consolidation grants under
1979+10 Section 15.4b of this Act for consolidation expenses
1980+11 incurred between January 1, 2010, and January 1, 2016.
1981+12 (E) All remaining funds per remit month shall be
1982+13 used to make monthly disbursements proportional grants
1983+14 to the appropriate 9-1-1 Authority currently taking
1984+15 wireless 9-1-1 based upon the United States Postal Zip
1985+16 Code of the billing addresses of subscribers of
1986+17 wireless carriers.
1987+18 (c) The moneys deposited into the Statewide 9-1-1 Fund
1988+19 under this Section shall not be subject to administrative
1989+20 charges or chargebacks unless otherwise authorized by this
1990+21 Act.
1991+22 (d) Whenever two or more 9-1-1 Authorities consolidate,
1992+23 the resulting Joint Emergency Telephone System Board shall be
1993+24 entitled to the monthly payments that had theretofore been
1994+25 made to each consolidating 9-1-1 Authority. Any reserves held
1995+26 by any consolidating 9-1-1 Authority shall be transferred to
1996+
1997+
1998+
1999+
2000+
2001+ HB3940 Enrolled - 56 - LRB103 25395 AWJ 51742 b
2002+
2003+
2004+HB3940 Enrolled- 57 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 57 - LRB103 25395 AWJ 51742 b
2005+ HB3940 Enrolled - 57 - LRB103 25395 AWJ 51742 b
2006+1 the resulting Joint Emergency Telephone System Board. Whenever
2007+2 a county that has no 9-1-1 service as of January 1, 2016 enters
2008+3 into an agreement to consolidate to create or join a Joint
2009+4 Emergency Telephone System Board, the Joint Emergency
2010+5 Telephone System Board shall be entitled to the monthly
2011+6 payments that would have otherwise been paid to the county if
2012+7 it had provided 9-1-1 service.
2013+8 (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
2014+9 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
2015+10 (50 ILCS 750/35)
2016+11 (Section scheduled to be repealed on December 31, 2023)
2017+12 Sec. 35. 9-1-1 surcharge; allowable expenditures.
2018+13 (a) Except as otherwise provided in this Act, expenditures
2019+14 from surcharge revenues received under this Act shall may be
2020+15 made consistent with 47 CFR 9.23, which include by
2021+16 municipalities, counties, and 9-1-1 Authorities only to pay
2022+17 for the costs associated with the following:
2023+18 (1) support and implementation of 9-1-1 services
2024+19 provided by or in the State or taxing jurisdiction
2025+20 imposing the fee or charge; and The design of the
2026+21 Emergency Telephone System.
2027+22 (2) operational expenses of public safety answering
2028+23 points within the State. Examples of allowable
2029+24 expenditures include, but are not limited to:
2030+25 (A) PSAP operating costs, including lease,
2031+
2032+
2033+
2034+
2035+
2036+ HB3940 Enrolled - 57 - LRB103 25395 AWJ 51742 b
2037+
2038+
2039+HB3940 Enrolled- 58 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 58 - LRB103 25395 AWJ 51742 b
2040+ HB3940 Enrolled - 58 - LRB103 25395 AWJ 51742 b
2041+1 purchase, maintenance, replacement, and upgrade of
2042+2 customer premises equipment (hardware and software),
2043+3 CAD equipment (hardware and software), and the PSAP
2044+4 building and facility and including NG9-1-1,
2045+5 cybersecurity, pre-arrival instructions, and emergency
2046+6 notification systems. PSAP operating costs include
2047+7 technological innovation that supports 9-1-1;
2048+8 (B) PSAP personnel costs, including
2049+9 telecommunicators' salaries and training;
2050+10 (C) PSAP administration, including costs for
2051+11 administration of 9-1-1 services and travel expenses
2052+12 associated with the provision of 9-1-1 services;
2053+13 (D) integrating public safety and first responder
2054+14 dispatch and 9-1-1 systems, including lease, purchase,
2055+15 maintenance, and upgrade of CAD equipment (hardware
2056+16 and software) to support integrated 9-1-1 and public
2057+17 safety dispatch operations; and
2058+18 (E) providing the interoperability of 9-1-1
2059+19 systems with one another and with public safety and
2060+20 first responder radio systems The coding of an initial
2061+21 Master Street Address Guide database, and update and
2062+22 maintenance thereof.
2063+23 (3) (Blank). The repayment of any moneys advanced for
2064+24 the implementation of the system.
2065+25 (4) (Blank). The charges for Automatic Number
2066+26 Identification and Automatic Location Identification
2067+
2068+
2069+
2070+
2071+
2072+ HB3940 Enrolled - 58 - LRB103 25395 AWJ 51742 b
2073+
2074+
2075+HB3940 Enrolled- 59 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 59 - LRB103 25395 AWJ 51742 b
2076+ HB3940 Enrolled - 59 - LRB103 25395 AWJ 51742 b
2077+1 equipment, a computer aided dispatch system that records,
2078+2 maintains, and integrates information, mobile data
2079+3 transmitters equipped with automatic vehicle locators, and
2080+4 maintenance, replacement, and update thereof to increase
2081+5 operational efficiency and improve the provision of
2082+6 emergency services.
2083+7 (5) (Blank). The non-recurring charges related to
2084+8 installation of the Emergency Telephone System.
2085+9 (6) (Blank). The initial acquisition and installation,
2086+10 or the reimbursement of costs therefor to other
2087+11 governmental bodies that have incurred those costs, of
2088+12 road or street signs that are essential to the
2089+13 implementation of the Emergency Telephone System and that
2090+14 are not duplicative of signs that are the responsibility
2091+15 of the jurisdiction charged with maintaining road and
2092+16 street signs. Funds may not be used for ongoing expenses
2093+17 associated with road or street sign maintenance and
2094+18 replacement.
2095+19 (7) (Blank). Other products and services necessary for
2096+20 the implementation, upgrade, and maintenance of the system
2097+21 and any other purpose related to the operation of the
2098+22 system, including costs attributable directly to the
2099+23 construction, leasing, or maintenance of any buildings or
2100+24 facilities or costs of personnel attributable directly to
2101+25 the operation of the system. Costs attributable directly
2102+26 to the operation of an emergency telephone system do not
2103+
2104+
2105+
2106+
2107+
2108+ HB3940 Enrolled - 59 - LRB103 25395 AWJ 51742 b
2109+
2110+
2111+HB3940 Enrolled- 60 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 60 - LRB103 25395 AWJ 51742 b
2112+ HB3940 Enrolled - 60 - LRB103 25395 AWJ 51742 b
2113+1 include the costs of public safety agency personnel who
2114+2 are and equipment that is dispatched in response to an
2115+3 emergency call.
2116+4 (8) (Blank). The defraying of expenses incurred to
2117+5 implement Next Generation 9-1-1, subject to the conditions
2118+6 set forth in this Act.
2119+7 (9) (Blank). The implementation of a computer aided
2120+8 dispatch system or hosted supplemental 9-1-1 services.
2121+9 (10) (Blank). The design, implementation, operation,
2122+10 maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
2123+11 NG9-1-1 emergency services and public safety answering
2124+12 points.
2125+13 (b) The obligation or expenditure of surcharge revenues
2126+14 received under this Act for a purpose or function inconsistent
2127+15 with 47 CFR 9.23 and this Section shall constitute diversion,
2128+16 which undermines the purpose of this Act by depriving the
2129+17 9-1-1 system of the funds it needs to function effectively and
2130+18 to modernize 9-1-1 operations. Examples of diversion include,
2131+19 but are not limited to:
2132+20 (1) transfer of 9-1-1 fees into a State or other
2133+21 jurisdiction's general fund or other fund for non-9-1-1
2134+22 purposes;
2135+23 (2) use of surcharge revenues for equipment or
2136+24 infrastructure for constructing or expanding
2137+25 non-public-safety communications networks (e.g.,
2138+26 commercial cellular networks); and
2139+
2140+
2141+
2142+
2143+
2144+ HB3940 Enrolled - 60 - LRB103 25395 AWJ 51742 b
2145+
2146+
2147+HB3940 Enrolled- 61 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 61 - LRB103 25395 AWJ 51742 b
2148+ HB3940 Enrolled - 61 - LRB103 25395 AWJ 51742 b
2149+1 (3) use of surcharge revenues for equipment or
2150+2 infrastructure for law enforcement, firefighters, and
2151+3 other public safety or first responder entities that does
2152+4 not directly support providing 9-1-1 services.
2153+5 (c) In the case of a municipality with a population over
2154+6 500,000, moneys may also be used for any anti-terrorism or
2155+7 emergency preparedness measures, including, but not limited
2156+8 to, preparedness planning, providing local matching funds for
2157+9 federal or State grants, personnel training, and specialized
2158+10 equipment, including surveillance cameras, as needed to deal
2159+11 with natural and terrorist-inspired emergency situations or
2160+12 events.
2161+13 (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
2162+14 (50 ILCS 750/40)
2163+15 (Section scheduled to be repealed on December 31, 2023)
2164+16 Sec. 40. Financial reports.
2165+17 (a) The Illinois State Police shall create uniform
2166+18 accounting procedures, with such modification as may be
2167+19 required to give effect to statutory provisions applicable
2168+20 only to municipalities with a population in excess of 500,000,
2169+21 that any emergency telephone system board or unit of local
2170+22 government receiving surcharge money pursuant to Section 15.3,
2171+23 15.3a, or 30 of this Act must follow.
2172+24 (b) By January 31, 2018, and every January 31 thereafter,
2173+25 each emergency telephone system board or unit of local
2174+
2175+
2176+
2177+
2178+
2179+ HB3940 Enrolled - 61 - LRB103 25395 AWJ 51742 b
2180+
2181+
2182+HB3940 Enrolled- 62 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 62 - LRB103 25395 AWJ 51742 b
2183+ HB3940 Enrolled - 62 - LRB103 25395 AWJ 51742 b
2184+1 government receiving surcharge money pursuant to Section 15.3,
2185+2 15.3a, or 30 shall report to the Illinois State Police audited
2186+3 financial statements showing total revenue and expenditures
2187+4 for the period beginning with the end of the period covered by
2188+5 the last submitted report through the end of the previous
2189+6 calendar year in a form and manner as prescribed by the
2190+7 Illinois State Police. Such financial information shall
2191+8 include:
2192+9 (1) a detailed summary of revenue from all sources
2193+10 including, but not limited to, local, State, federal, and
2194+11 private revenues, and any other funds received;
2195+12 (2) all expenditures made during the reporting period
2196+13 from distributions under this Act;
2197+14 (3) call data and statistics, when available, from the
2198+15 reporting period, as specified by the Illinois State
2199+16 Police and collected in accordance with any reporting
2200+17 method established or required by the Illinois State
2201+18 Police;
2202+19 (4) all costs associated with dispatching appropriate
2203+20 public safety agencies to respond to 9-1-1 calls received
2204+21 by the PSAP; and
2205+22 (5) all funding sources and amounts of funding used
2206+23 for costs described in paragraph (4) of this subsection
2207+24 (b).
2208+25 The emergency telephone system board or unit of local
2209+26 government is responsible for any costs associated with
2210+
2211+
2212+
2213+
2214+
2215+ HB3940 Enrolled - 62 - LRB103 25395 AWJ 51742 b
2216+
2217+
2218+HB3940 Enrolled- 63 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 63 - LRB103 25395 AWJ 51742 b
2219+ HB3940 Enrolled - 63 - LRB103 25395 AWJ 51742 b
2220+1 auditing such financial statements. The Illinois State Police
2221+2 shall post annual financial reports the audited financial
2222+3 statements on the Illinois State Police's website.
2223+4 (c) Along with its audited financial statement, each
2224+5 emergency telephone system board or unit of local government
2225+6 receiving a grant under Section 15.4b of this Act shall
2226+7 include a report of the amount of grant moneys received and how
2227+8 the grant moneys were used. In case of a conflict between this
2228+9 requirement and the Grant Accountability and Transparency Act,
2229+10 or with the rules of the Governor's Office of Management and
2230+11 Budget adopted thereunder, that Act and those rules shall
2231+12 control.
2232+13 (d) If an emergency telephone system board that receives
2233+14 funds from the Statewide 9-1-1 Fund fails to file the 9-1-1
2234+15 system financial reports as required under this Section, the
2235+16 Illinois State Police shall suspend and withhold monthly
2236+17 disbursements otherwise due to the emergency telephone system
2237+18 board under Section 30 of this Act until the report is filed.
2238+19 Any monthly disbursements that have been withheld for 12
2239+20 months or more shall be forfeited by the emergency telephone
2240+21 system board and shall be distributed proportionally by the
2241+22 Illinois State Police to compliant emergency telephone system
2242+23 boards that receive funds from the Statewide 9-1-1 Fund.
2243+24 Any emergency telephone system board not in compliance
2244+25 with this Section shall be ineligible to receive any
2245+26 consolidation grant or infrastructure grant issued under this
2246+
2247+
2248+
2249+
2250+
2251+ HB3940 Enrolled - 63 - LRB103 25395 AWJ 51742 b
2252+
2253+
2254+HB3940 Enrolled- 64 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 64 - LRB103 25395 AWJ 51742 b
2255+ HB3940 Enrolled - 64 - LRB103 25395 AWJ 51742 b
2256+1 Act.
2257+2 (e) The Illinois State Police may adopt emergency rules
2258+3 necessary to implement the provisions of this Section.
2259+4 (f) Any findings or decisions of the Illinois State Police
2260+5 under this Section shall be deemed a final administrative
2261+6 decision and shall be subject to judicial review under the
2262+7 Administrative Review Law.
2263+8 (g) Beginning October 1, 2017, the Illinois State Police
2264+9 shall provide a quarterly report to the Statewide 9-1-1
2265+10 Advisory Board of its expenditures from the Statewide 9-1-1
2266+11 Fund for the prior fiscal quarter.
2267+12 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
2268+13 102-813, eff. 5-13-22.)
2269+14 (50 ILCS 750/50)
2270+15 (Section scheduled to be repealed on December 31, 2023)
2271+16 Sec. 50. Fund audits. The Auditor General shall conduct as
2272+17 a part of its bi-annual audit, an audit of the Statewide 9-1-1
2273+18 Fund and the Wireless Carrier Reimbursement Fund for
2274+19 compliance with the requirements of this Act. The audit shall
2275+20 include, but not be limited to, the following determinations:
2276+21 (1) Whether detailed records of all receipts and
2277+22 disbursements from the Statewide 9-1-1 Fund and the
2278+23 Wireless Carrier Reimbursement Fund are being maintained.
2279+24 (2) Whether administrative costs charged to the funds
2280+25 are adequately documented and are reasonable.
2281+
2282+
2283+
2284+
2285+
2286+ HB3940 Enrolled - 64 - LRB103 25395 AWJ 51742 b
2287+
2288+
2289+HB3940 Enrolled- 65 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 65 - LRB103 25395 AWJ 51742 b
2290+ HB3940 Enrolled - 65 - LRB103 25395 AWJ 51742 b
2291+1 (3) Whether the procedures for making disbursements
2292+2 and grants and providing reimbursements in accordance with
2293+3 the Act are adequate.
2294+4 (4) The status of the implementation of statewide
2295+5 9-1-1 service and Next Generation 9-1-1 service in
2296+6 Illinois.
2297+7 The Illinois Commerce Commission, the Illinois State
2298+8 Police, and any other entity or person that may have
2299+9 information relevant to the audit shall cooperate fully and
2300+10 promptly with the Office of the Auditor General in conducting
2301+11 the audit. The Auditor General shall commence the audit as
2302+12 soon as possible and distribute the report upon completion in
2303+13 accordance with Section 3-14 of the Illinois State Auditing
2304+14 Act.
2305+15 (Source: P.A. 102-538, eff. 8-20-21.)
2306+16 (50 ILCS 750/99)
2307+17 (Section scheduled to be repealed on December 31, 2023)
2308+18 Sec. 99. Repealer. This Act is repealed on December 31,
2309+19 2025 2023.
2310+20 (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
2311+21 (50 ILCS 750/15 rep.)
2312+22 (50 ILCS 750/15.2c rep.)
2313+23 (50 ILCS 750/45 rep.)
2314+24 Section 15. The Emergency Telephone System Act is amended
2315+
2316+
2317+
2318+
2319+
2320+ HB3940 Enrolled - 65 - LRB103 25395 AWJ 51742 b
2321+
2322+
2323+HB3940 Enrolled- 66 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 66 - LRB103 25395 AWJ 51742 b
2324+ HB3940 Enrolled - 66 - LRB103 25395 AWJ 51742 b
2325+1 by repealing Sections 15, 15.2c, and 45.
2326+2 Section 20. The Criminal Code of 2012 is amended by
2327+3 changing Section 26-1 as follows:
2328+4 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
2329+5 Sec. 26-1. Disorderly conduct.
2330+6 (a) A person commits disorderly conduct when he or she
2331+7 knowingly:
2332+8 (1) Does any act in such unreasonable manner as to
2333+9 alarm or disturb another and to provoke a breach of the
2334+10 peace;
2335+11 (2) Transmits or causes to be transmitted in any
2336+12 manner to the fire department of any city, town, village
2337+13 or fire protection district a false alarm of fire, knowing
2338+14 at the time of the transmission that there is no
2339+15 reasonable ground for believing that the fire exists;
2340+16 (3) Transmits or causes to be transmitted in any
2341+17 manner to another a false alarm to the effect that a bomb
2342+18 or other explosive of any nature or a container holding
2343+19 poison gas, a deadly biological or chemical contaminant,
2344+20 or radioactive substance is concealed in a place where its
2345+21 explosion or release would endanger human life, knowing at
2346+22 the time of the transmission that there is no reasonable
2347+23 ground for believing that the bomb, explosive or a
2348+24 container holding poison gas, a deadly biological or
2349+
2350+
2351+
2352+
2353+
2354+ HB3940 Enrolled - 66 - LRB103 25395 AWJ 51742 b
2355+
2356+
2357+HB3940 Enrolled- 67 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 67 - LRB103 25395 AWJ 51742 b
2358+ HB3940 Enrolled - 67 - LRB103 25395 AWJ 51742 b
2359+1 chemical contaminant, or radioactive substance is
2360+2 concealed in the place;
2361+3 (3.5) Transmits or causes to be transmitted in any
2362+4 manner a threat of destruction of a school building or
2363+5 school property, or a threat of violence, death, or bodily
2364+6 harm directed against persons at a school, school
2365+7 function, or school event, whether or not school is in
2366+8 session;
2367+9 (4) Transmits or causes to be transmitted in any
2368+10 manner to any peace officer, public officer or public
2369+11 employee a report to the effect that an offense will be
2370+12 committed, is being committed, or has been committed,
2371+13 knowing at the time of the transmission that there is no
2372+14 reasonable ground for believing that the offense will be
2373+15 committed, is being committed, or has been committed;
2374+16 (5) Transmits or causes to be transmitted in any
2375+17 manner a false report to any public safety agency without
2376+18 the reasonable grounds necessary to believe that
2377+19 transmitting the report is necessary for the safety and
2378+20 welfare of the public; or
2379+21 (6) Calls or texts the number "911" or transmits or
2380+22 causes to be transmitted in any manner to a public safety
2381+23 agency or public safety answering point for the purpose of
2382+24 making or transmitting a false alarm or complaint and
2383+25 reporting information when, at the time the call, text, or
2384+26 transmission is made, the person knows there is no
2385+
2386+
2387+
2388+
2389+
2390+ HB3940 Enrolled - 67 - LRB103 25395 AWJ 51742 b
2391+
2392+
2393+HB3940 Enrolled- 68 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 68 - LRB103 25395 AWJ 51742 b
2394+ HB3940 Enrolled - 68 - LRB103 25395 AWJ 51742 b
2395+1 reasonable ground for making the call, text, or
2396+2 transmission and further knows that the call, text, or
2397+3 transmission could result in the emergency response of any
2398+4 public safety agency;
2399+5 (7) Transmits or causes to be transmitted in any
2400+6 manner a false report to the Department of Children and
2401+7 Family Services under Section 4 of the Abused and
2402+8 Neglected Child Reporting Act;
2403+9 (8) Transmits or causes to be transmitted in any
2404+10 manner a false report to the Department of Public Health
2405+11 under the Nursing Home Care Act, the Specialized Mental
2406+12 Health Rehabilitation Act of 2013, the ID/DD Community
2407+13 Care Act, or the MC/DD Act;
2408+14 (9) Transmits or causes to be transmitted in any
2409+15 manner to the police department or fire department of any
2410+16 municipality or fire protection district, or any privately
2411+17 owned and operated ambulance service, a false request for
2412+18 an ambulance, emergency medical technician-ambulance or
2413+19 emergency medical technician-paramedic knowing at the time
2414+20 there is no reasonable ground for believing that the
2415+21 assistance is required;
2416+22 (10) Transmits or causes to be transmitted in any
2417+23 manner a false report under Article II of Public Act
2418+24 83-1432;
2419+25 (11) Enters upon the property of another and for a
2420+26 lewd or unlawful purpose deliberately looks into a
2421+
2422+
2423+
2424+
2425+
2426+ HB3940 Enrolled - 68 - LRB103 25395 AWJ 51742 b
2427+
2428+
2429+HB3940 Enrolled- 69 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 69 - LRB103 25395 AWJ 51742 b
2430+ HB3940 Enrolled - 69 - LRB103 25395 AWJ 51742 b
2431+1 dwelling on the property through any window or other
2432+2 opening in it; or
2433+3 (12) While acting as a collection agency as defined in
2434+4 the Collection Agency Act or as an employee of the
2435+5 collection agency, and while attempting to collect an
2436+6 alleged debt, makes a telephone call to the alleged debtor
2437+7 which is designed to harass, annoy or intimidate the
2438+8 alleged debtor.
2439+9 (b) Sentence. A violation of subsection (a)(1) of this
2440+10 Section is a Class C misdemeanor. A violation of subsection
2441+11 (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
2442+12 violation of subsection (a)(8) or (a)(10) of this Section is a
2443+13 Class B misdemeanor. A violation of subsection (a)(2),
2444+14 (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
2445+15 a Class 4 felony. A violation of subsection (a)(3) of this
2446+16 Section is a Class 3 felony, for which a fine of not less than
2447+17 $3,000 and no more than $10,000 shall be assessed in addition
2448+18 to any other penalty imposed.
2449+19 A violation of subsection (a)(12) of this Section is a
2450+20 Business Offense and shall be punished by a fine not to exceed
2451+21 $3,000. A second or subsequent violation of subsection (a)(7)
2452+22 or (a)(5) of this Section is a Class 4 felony. A third or
2453+23 subsequent violation of subsection (a)(11) of this Section is
2454+24 a Class 4 felony.
2455+25 (c) In addition to any other sentence that may be imposed,
2456+26 a court shall order any person convicted of disorderly conduct
2457+
2458+
2459+
2460+
2461+
2462+ HB3940 Enrolled - 69 - LRB103 25395 AWJ 51742 b
2463+
2464+
2465+HB3940 Enrolled- 70 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 70 - LRB103 25395 AWJ 51742 b
2466+ HB3940 Enrolled - 70 - LRB103 25395 AWJ 51742 b
2467+1 to perform community service for not less than 30 and not more
2468+2 than 120 hours, if community service is available in the
2469+3 jurisdiction and is funded and approved by the county board of
2470+4 the county where the offense was committed. In addition,
2471+5 whenever any person is placed on supervision for an alleged
2472+6 offense under this Section, the supervision shall be
2473+7 conditioned upon the performance of the community service.
2474+8 This subsection does not apply when the court imposes a
2475+9 sentence of incarceration.
2476+10 (d) In addition to any other sentence that may be imposed,
2477+11 the court shall order any person convicted of disorderly
2478+12 conduct under paragraph (3) of subsection (a) involving a
2479+13 false alarm of a threat that a bomb or explosive device has
2480+14 been placed in a school that requires an emergency response to
2481+15 reimburse the unit of government that employs the emergency
2482+16 response officer or officers that were dispatched to the
2483+17 school for the cost of the response. If the court determines
2484+18 that the person convicted of disorderly conduct that requires
2485+19 an emergency response to a school is indigent, the provisions
2486+20 of this subsection (d) do not apply.
2487+21 (e) In addition to any other sentence that may be imposed,
2488+22 the court shall order any person convicted of disorderly
2489+23 conduct under paragraph (3.5) or (6) of subsection (a) to
2490+24 reimburse the public agency for the reasonable costs of the
2491+25 emergency response by the public agency up to $10,000. If the
2492+26 court determines that the person convicted of disorderly
2493+
2494+
2495+
2496+
2497+
2498+ HB3940 Enrolled - 70 - LRB103 25395 AWJ 51742 b
2499+
2500+
2501+HB3940 Enrolled- 71 -LRB103 25395 AWJ 51742 b HB3940 Enrolled - 71 - LRB103 25395 AWJ 51742 b
2502+ HB3940 Enrolled - 71 - LRB103 25395 AWJ 51742 b
2503+1 conduct under paragraph (3.5) or (6) of subsection (a) is
2504+2 indigent, the provisions of this subsection (e) do not apply.
2505+3 (f) For the purposes of this Section, "emergency response"
2506+4 means any condition that results in, or could result in, the
2507+5 response of a public official in an authorized emergency
2508+6 vehicle, any condition that jeopardizes or could jeopardize
2509+7 public safety and results in, or could result in, the
2510+8 evacuation of any area, building, structure, vehicle, or of
2511+9 any other place that any person may enter, or any incident
2512+10 requiring a response by a police officer, a firefighter, a
2513+11 State Fire Marshal employee, or an ambulance.
2514+12 (Source: P.A. 101-238, eff. 1-1-20.)
2515+
2516+
2517+
2518+
2519+
2520+ HB3940 Enrolled - 71 - LRB103 25395 AWJ 51742 b