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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Emergency Telephone System Act is amended
5 by changing Sections 2, 3, 15.3, 15.3a, 15.5a, 15.6a, 20, 30,
6 and 99 as follows:
7 (50 ILCS 750/2) (from Ch. 134, par. 32)
8 (Section scheduled to be repealed on December 31, 2025)
9 Sec. 2. Definitions. As used in this Act, unless the
10 context otherwise requires:
11 "9-1-1 network" means the network used for the delivery of
12 9-1-1 calls and messages over dedicated and redundant
13 facilities to a primary or backup 9-1-1 PSAP that meets the
14 appropriate grade of service.
15 "9-1-1 system" means the geographic area that has been
16 granted an order of authority by the Commission or the
17 Statewide 9-1-1 Administrator to use "9-1-1" as the primary
18 emergency telephone number, including, but not limited to, the
19 network, software applications, databases, CPE components and
20 operational and management procedures required to provide
21 9-1-1 service.
22 "9-1-1 Authority" means an Emergency Telephone System
23 Board or Joint Emergency Telephone System Board that provides
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1 for the management and operation of a 9-1-1 system. "9-1-1
2 Authority" includes the Illinois State Police only to the
3 extent it provides 9-1-1 services under this Act.
4 "9-1-1 System Manager" means the manager, director,
5 administrator, or coordinator who at the direction of his or
6 her Emergency Telephone System Board is responsible for the
7 implementation and execution of the order of authority issued
8 by the Commission or the Statewide 9-1-1 Administrator through
9 the programs, policies, procedures, and daily operations of
10 the 9-1-1 system consistent with the provisions of this Act.
11 "Administrator" means the Statewide 9-1-1 Administrator.
12 "Advanced service" means any telecommunications service
13 with or without dynamic bandwidth allocation, including, but
14 not limited to, ISDN Primary Rate Interface (PRI), that,
15 through the use of a DS-1, T-1, or other un-channelized or
16 multi-channel transmission facility, is capable of
17 transporting either the subscriber's inter-premises voice
18 telecommunications services to the public switched network or
19 the subscriber's 9-1-1 calls to the public agency.
20 "Aggregator" means an entity that ingresses 9-1-1 calls of
21 multiple traffic types or 9-1-1 calls from multiple
22 originating service providers and combines them on a trunk
23 group or groups (or equivalent egress connection arrangement
24 to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
25 system), and that uses the routing information provided in the
26 received call setup signaling to select the appropriate trunk
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1 group and proceeds to signal call setup toward the 9-1-1
2 system provider. "Aggregator" includes an originating service
3 provider that provides aggregation functions for its own 9-1-1
4 calls. "Aggregator" also includes an aggregation network or an
5 aggregation entity that provides aggregator services for other
6 types of system providers, such as cloud-based services or
7 enterprise networks as its client.
8 "ALI" and or "automatic location identification" mean
9 means the automatic display at the public safety answering
10 point of the address or location of the caller's telephone and
11 supplementary emergency services information of the location
12 from which a call originates.
13 "ANI" and or "automatic number identification" mean means
14 the automatic display of the 10-digit telephone number
15 associated with the caller's telephone number.
16 "Automatic alarm" and "automatic alerting device" mean any
17 device that will access the 9-1-1 system for emergency
18 services upon activation and does not provide for two-way
19 communication.
20 "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
21 Backup Answering Point, or VAP.
22 "Authorized entity" means an answering point or
23 participating agency other than a decommissioned PSAP.
24 "Backup PSAP" means an answering point that meets the
25 appropriate standards of service and serves as an alternate to
26 the PSAP operating independently from the PSAP at a different
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1 location that has the capability to direct dispatch for the
2 PSAP or otherwise transfer emergency calls directly to an
3 authorized entity. A backup PSAP may accept overflow calls
4 from the PSAP or be activated if the primary PSAP is disabled.
5 "Board" means an Emergency Telephone System Board or a
6 Joint Emergency Telephone System Board created pursuant to
7 Section 15.4.
8 "Call back number" means a number used by a PSAP to
9 recontact a location from which a 9-1-1 call was placed,
10 regardless of whether that number is a direct-dial number for
11 a station used to originate a 9-1-1 call.
12 "Carrier" includes a telecommunications carrier and a
13 wireless carrier.
14 "Commission" means the Illinois Commerce Commission.
15 "Computer aided dispatch" or "CAD" means a computer-based
16 system that aids public safety telecommunicators by automating
17 selected dispatching and recordkeeping activities.
18 "Direct dispatch" means a 9-1-1 service wherein upon
19 receipt of an emergency call, a public safety telecommunicator
20 transmits - without delay, transfer, relay, or referral - all
21 relevant available information to the appropriate public
22 safety personnel or emergency responders.
23 "Dispatchable location" means a location delivered to the
24 PSAP with a 9-1-1 call that consists of the validated street
25 address of the calling party, plus additional information,
26 such as a suite or apartment identifier, uncertainty data, or
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1 similar information necessary to accurately identify the
2 location of the calling party. the street address of a 9-1-1
3 caller and additional information, such as room number, floor
4 number, or similar information, necessary to identify the
5 location of the 9-1-1 caller.
6 "Decommissioned" means the revocation of a PSAPs authority
7 to handle 9-1-1 calls as an answering point within the 9-1-1
8 network.
9 "Diversion" means the obligation or expenditure of a 9-1-1
10 fee or charge for a purpose or function other than the purposes
11 and functions designated by the Federal Communications
12 Commission as acceptable under 47 CFR 9.23. "Diversion"
13 includes distribution of a 9-1-1 fee or charge to a political
14 subdivision that obligates or expends such fees or charges for
15 a purpose or function other than those designated as
16 acceptable by the Federal Communications Commission under 47
17 CFR 9.23.
18 "DS-1, T-1, or similar un-channelized or multi-channel
19 transmission facility" means a facility that can transmit and
20 receive a bit rate of at least 1.544 megabits per second
21 (Mbps).
22 "Dynamic bandwidth allocation" means the ability of the
23 facility or customer to drop and add channels, or adjust
24 bandwidth, when needed in real time for voice or data
25 purposes.
26 "Emergency call" means any type of request for emergency
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1 assistance through a 9-1-1 network either to the digits 9-1-1
2 or the emergency 24/7 10-digit telephone number for all
3 answering points. An emergency call is not limited to a voice
4 telephone call. It could be a two-way video call, an
5 interactive text, Teletypewriter (TTY), an SMS, an Instant
6 Message, or any new mechanism for communications available in
7 the future. An emergency call occurs when the request for
8 emergency assistance is received by a public safety
9 telecommunicator.
10 "Emergency Telephone System Board" and "ETSB" mean a board
11 appointed by the corporate authorities of a county or
12 municipality to provide for the management and operation of a
13 9-1-1 system in accordance with this Act and whose members are
14 appointed in accordance with and satisfy the requirements of
15 subsection (a) of Section 15.4.
16 "EMS personnel" has the meaning given to that term in
17 Section 3.5 of the Emergency Medical Services (EMS) Systems
18 Act.
19 "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
20 includes network switching, database and PSAP premise elements
21 capable of providing automatic location identification data,
22 selective routing, selective transfer, fixed transfer, and a
23 call back number, including any enhanced 9-1-1 service so
24 designated by the Federal Communications Commission in its
25 report and order in WC Dockets Nos. 04-36 and 05-196, or any
26 successor proceeding.
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1 "ETSB" means an emergency telephone system board appointed
2 by the corporate authorities of any county or municipality
3 that provides for the management and operation of a 9-1-1
4 system.
5 "First responder" means someone designated by a public
6 safety agency who is charged with responding to emergency
7 service requests, including emergency communications
8 professionals, public safety telecommunicators, public safety
9 telecommunicator supervisors, and police, fire, and EMS
10 personnel who operate in the field.
11 "Grade of service" means the P.01 for E9-1-1 services or
12 the equivalent for NENA Baseline NG9-1-1 as set forth in the
13 NENA i3 Solution adopted standard.
14 "Hearing-impaired individual" means a person with a
15 permanent hearing loss who can regularly and routinely
16 communicate by telephone only through the aid of devices which
17 can send and receive written messages over the telephone
18 network.
19 "Hosted supplemental 9-1-1 service" means a database
20 service that:
21 (1) electronically provides information to 9-1-1 call
22 takers when a call is placed to 9-1-1;
23 (2) allows telephone subscribers to provide
24 information to 9-1-1 to be used in emergency scenarios;
25 (3) collects a variety of formatted data relevant to
26 9-1-1 and first responder needs, which may include, but is
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1 not limited to, photographs of the telephone subscribers,
2 physical descriptions, medical information, household
3 data, and emergency contacts;
4 (4) allows for information to be entered by telephone
5 subscribers through a secure website where they can elect
6 to provide as little or as much information as they
7 choose;
8 (5) automatically displays data provided by telephone
9 subscribers to 9-1-1 call takers for all types of
10 telephones when a call is placed to 9-1-1 from a
11 registered and confirmed phone number;
12 (6) supports the delivery of telephone subscriber
13 information through a secure internet connection to all
14 emergency telephone system boards;
15 (7) works across all 9-1-1 call taking equipment and
16 allows for the easy transfer of information into a
17 computer aided dispatch system; and
18 (8) may be used to collect information pursuant to an
19 Illinois Premise Alert Program as defined in the Illinois
20 Premise Alert Program (PAP) Act.
21 "Interconnected voice over Internet protocol provider" and
22 or "Interconnected VoIP provider" have has the meaning given
23 to that term under Section 13-235 of the Public Utilities Act.
24 "Joint Emergency Telephone System Board" and "Joint ETSB"
25 mean means a Joint Emergency Telephone System Board
26 established by intergovernmental agreement of two or more
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1 municipalities or counties, or a combination thereof, to
2 provide for the management and operation of a 9-1-1 system.
3 "Key telephone system" means a type of MLTS designed to
4 provide shared access to several outside lines through buttons
5 or keys typically offering identified access lines with direct
6 line appearance or termination on a given telephone set.
7 "Local public agency" means any unit of local government
8 or special purpose district located in whole or in part within
9 this State that provides or has authority to provide
10 firefighting, police, ambulance, medical, or other emergency
11 services.
12 "Mechanical dialer" means any device that accesses the
13 9-1-1 system without human intervention and does not provide
14 for two-way communication.
15 "Master Street Address Guide" and or "MSAG" mean is a
16 database of street names and house ranges within their
17 associated communities defining emergency service zones (ESZs)
18 and their associated emergency service numbers (ESNs) to
19 enable proper routing of 9-1-1 calls.
20 "Mobile telephone number" and or "MTN" mean means the
21 telephone number assigned to a wireless telephone at the time
22 of initial activation.
23 "Multi-line telephone system" and or "MLTS" mean means a
24 system that is comprised of a common control unit or units,
25 telephone sets, control hardware and software, and adjunct
26 systems and that enables users to make and receive telephone
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1 calls using shared resources, such as telephone network trunks
2 or data link bandwidth. The terms "multi-line telephone
3 system" and "MLTS" include, but are not limited to:
4 network-based and premises-based systems, such as Centrex
5 service; premises-based, hosted, and cloud-based VoIP systems;
6 PBX, hybrid, and key telephone systems (as classified by the
7 Federal Communications Commission under 47 CFR Part 68 or any
8 successor rules); and systems owned or leased by governmental
9 agencies, nonprofit entities, and for-profit businesses.
10 "Network connections" means the number of voice grade
11 communications channels directly between a subscriber and a
12 telecommunications carrier's public switched network, without
13 the intervention of any other telecommunications carrier's
14 switched network, which would be required to carry the
15 subscriber's inter-premises traffic and which connection
16 either (1) is capable of providing access through the public
17 switched network to a 9-1-1 Emergency Telephone System, if one
18 exists, or (2) if no system exists at the time a surcharge is
19 imposed under Section 15.3, that would be capable of providing
20 access through the public switched network to the local 9-1-1
21 Emergency Telephone System if one existed. Where multiple
22 voice grade communications channels are connected to a
23 telecommunications carrier's public switched network through a
24 private branch exchange (PBX) service, there shall be
25 determined to be one network connection for each trunk line
26 capable of transporting either the subscriber's inter-premises
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1 traffic to the public switched network or the subscriber's
2 9-1-1 calls to the public agency. Where multiple voice grade
3 communications channels are connected to an OSP's public
4 switched network through Centrex type service, the number of
5 network connections shall be equal to the number of PBX trunk
6 equivalents for the subscriber's service or other multiple
7 voice grade communication channels facility, as determined by
8 reference to any generally applicable exchange access service
9 tariff filed by the subscriber's telecommunications carrier
10 with the Commission.
11 "Network costs" means those recurring costs that directly
12 relate to the operation of the 9-1-1 network as determined by
13 the Statewide 9-1-1 Administrator with the advice of the
14 Statewide 9-1-1 Advisory Board, which may include, but need
15 not be limited to, some or all of the following: costs for
16 interoffice trunks, selective routing charges, transfer lines
17 and toll charges for 9-1-1 services, Automatic Location
18 Information (ALI) database charges, independent local exchange
19 carrier charges and non-system provider charges, carrier
20 charges for third party database for on-site customer premises
21 equipment, back-up PSAP trunks for non-system providers,
22 periodic database updates as provided by carrier (also known
23 as "ALI data dump"), regional ALI storage charges, circuits
24 for call delivery (fiber or circuit connection), NG9-1-1
25 costs, and all associated fees, taxes, and surcharges on each
26 invoice. "Network costs" shall not include radio circuits or
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1 toll charges that are other than for 9-1-1 services.
2 "Next generation 9-1-1" and or "NG9-1-1" mean means a
3 secure Internet Protocol-based (IP-based) open-standards
4 system comprised of hardware, software, data, and operational
5 policies and procedures that:
6 (A) provides standardized interfaces from
7 emergency call and message services to support
8 emergency communications;
9 (B) processes all types of emergency calls,
10 including voice, text, data, and multimedia
11 information;
12 (C) acquires and integrates additional emergency
13 call data useful to call routing and handling;
14 (D) delivers the emergency calls, messages, and
15 data to the appropriate public safety answering point
16 and other appropriate emergency entities based on the
17 location of the caller;
18 (E) supports data, video, and other communications
19 needs for coordinated incident response and
20 management; and
21 (F) interoperates with services and networks used
22 by first responders to facilitate emergency response.
23 "Next Generation 9-1-1 costs" and "NG9-1-1 costs" mean
24 means those recurring costs that directly relate to the Next
25 Generation 9-1-1 service as determined by the Statewide 9-1-1
26 Administrator with the advice of the Statewide 9-1-1 Advisory
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1 Board, which may include, but need not be limited to, costs for
2 NENA i3 Core Components (Border Control Function (BCF),
3 Emergency Call Routing Function (ECRF), Location Validation
4 Function (LVF), Emergency Services Routing Proxy (ESRP),
5 Policy Store/Policy Routing Functions (PSPRF), and Location
6 Information Servers (LIS)), Statewide ESInet, software
7 external to the PSAP (data collection, identity management,
8 aggregation, and GIS functionality), and gateways (legacy
9 9-1-1 tandems or gateways or both).
10 "Next Generation 9-1-1 Core Services" and "NGCS" mean a
11 set of services needed to process a 9-1-1 call on an ESInet.
12 "Next Generation 9-1-1 Core Services" and "NGCS" include, but
13 are not limited to, the ESRP, ECRF, LVF, BCF, Bridge, Policy
14 Store, Logging Services, and typical IP services, such as DNS
15 and DHCP. "Next Generation 9-1-1 Core Services" and "NGCS" do
16 not include the network on which the services operate.
17 "Originating service provider" or "OSP" means the entity
18 that provides services to end users that may be used to
19 originate voice or nonvoice 9-1-1 requests for assistance and
20 who would interconnect, in any of various fashions, to the
21 9-1-1 system provider for purposes of delivering 9-1-1 traffic
22 to the public safety answering points.
23 "Private branch exchange" or "PBX" means a private
24 telephone system and associated equipment located on the
25 user's property that provides communications between internal
26 stations and external networks.
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1 "Private business switch service" means network and
2 premises based systems including a VoIP, Centrex type service,
3 or PBX service, even though key telephone systems or
4 equivalent telephone systems registered with the Federal
5 Communications Commission under 47 CFR Part 68 are directly
6 connected to Centrex type and PBX systems. "Private business
7 switch service" does not include key telephone systems or
8 equivalent telephone systems registered with the Federal
9 Communications Commission under 47 CFR Part 68 when not used
10 in conjunction with a VoIP, Centrex type, or PBX systems.
11 "Private business switch service" typically includes, but is
12 not limited to, private businesses, corporations, and
13 industries where the telecommunications service is primarily
14 for conducting business.
15 "Private residential switch service" means network and
16 premise based systems including a VoIP, Centrex type service,
17 or PBX service or key telephone systems or equivalent
18 telephone systems registered with the Federal Communications
19 Commission under 47 CFR Part 68 that are directly connected to
20 a VoIP, Centrex type service, or PBX systems equipped for
21 switched local network connections or 9-1-1 system access to
22 residential end users through a private telephone switch.
23 "Private residential switch service" does not include key
24 telephone systems or equivalent telephone systems registered
25 with the Federal Communications Commission under 47 CFR Part
26 68 when not used in conjunction with a VoIP, Centrex type, or
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1 PBX systems. "Private residential switch service" typically
2 includes, but is not limited to, apartment complexes,
3 condominiums, and campus or university environments where
4 shared tenant service is provided and where the usage of the
5 telecommunications service is primarily residential.
6 "Public agency" means the State, and any unit of local
7 government or special purpose district located in whole or in
8 part within this State, that provides or has authority to
9 provide firefighting, police, ambulance, medical, or other
10 emergency services.
11 "Public safety agency" means a functional division of a
12 public agency that provides firefighting, police, medical, or
13 other emergency services to respond to and manage emergency
14 incidents. For the purpose of providing wireless service to
15 users of 9-1-1 emergency services, as expressly provided for
16 in this Act, the Illinois State Police may be considered a
17 public safety agency.
18 "Public safety answering point" and or "PSAP" mean means
19 the primary answering location of an emergency call that meets
20 the appropriate standards of service and is responsible for
21 receiving and processing those calls and events according to a
22 specified operational policy.
23 "PSAP representative" means the manager or supervisor of a
24 Public Safety Answering Point (PSAP) who oversees the daily
25 operational functions and is responsible for the overall
26 management and administration of the PSAP.
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1 "Public safety telecommunicator" means any person employed
2 in a full-time or part-time capacity at an answering point
3 whose duties or responsibilities include answering, receiving,
4 or transferring an emergency call for dispatch to the
5 appropriate emergency responder.
6 "Public safety telecommunicator supervisor" means any
7 person employed in a full-time or part-time capacity at an
8 answering point or by a 9-1-1 Authority, whose primary duties
9 or responsibilities are to direct, administer, or manage any
10 public safety telecommunicator and whose responsibilities
11 include answering, receiving, or transferring an emergency
12 call for dispatch to the appropriate emergency responders.
13 "Referral" means a 9-1-1 service in which the public
14 safety telecommunicator provides the calling party with the
15 telephone number of the appropriate public safety agency or
16 other provider of emergency services.
17 "Regular service" means any telecommunications service,
18 other than advanced service, that is capable of transporting
19 either the subscriber's inter-premises voice
20 telecommunications services to the public switched network or
21 the subscriber's 9-1-1 calls to the public agency.
22 "Relay" means a 9-1-1 service in which the public safety
23 telecommunicator takes the pertinent information from a caller
24 and relays that information to the appropriate public safety
25 agency or other provider of emergency services.
26 "Remit period" means the billing period, one month in
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1 duration, for which a wireless carrier remits a surcharge and
2 provides subscriber information by zip code to the Illinois
3 State Police, in accordance with Section 20 of this Act.
4 "Secondary Answering Point" or "SAP" means a location,
5 other than a PSAP, that is able to receive the voice, data, and
6 call back number of E9-1-1 or NG9-1-1 emergency calls
7 transferred from a PSAP and completes the call taking process
8 by dispatching police, medical, fire, or other emergency
9 responders.
10 "Shared residential MLTS service" means the use of one or
11 more MLTS or MLTS services to provide telephone service to
12 residential facilities, including, but not limited to,
13 single-family dwellings and multi-family dwellings, such as
14 apartments, even if the service is not individually billed.
15 "Shared telecommunications services" means the provision
16 of telecommunications and information management services and
17 equipment within a user group located in discrete private
18 premises in building complexes, campuses, or high-rise
19 buildings by a commercial shared services provider or by a
20 user association, through privately owned customer premises
21 equipment and associated data processing and information
22 management services. The term "shared telecommunications
23 services" includes the provisioning of connections to the
24 facilities of a local exchange carrier or an interexchange
25 carrier.
26 "Statewide wireless emergency 9-1-1 system" means all
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1 areas of the State where an emergency telephone system board
2 has not declared its intention for one or more of its public
3 safety answering points to serve as a primary wireless 9-1-1
4 public safety answering point for its jurisdiction. The
5 operator of the statewide wireless emergency 9-1-1 system
6 shall be the Illinois State Police.
7 "Subscriber" means an individual or entity to whom a
8 wireless carrier has assigned a wireless service account or
9 number.
10 "System" means the communications equipment, and related
11 software applications, and databases required to produce a
12 response by the appropriate emergency public safety agency or
13 other provider of emergency services as a result of an
14 emergency call being placed to 9-1-1.
15 "System provider" means the contracted entity providing
16 9-1-1 network and database services.
17 "Telecommunications carrier" means those entities included
18 within the definition specified in Section 13-202 of the
19 Public Utilities Act, and includes those carriers acting as
20 resellers of telecommunications services. "Telecommunications
21 carrier" includes telephone systems operating as mutual
22 concerns. "Telecommunications carrier" does not include a
23 wireless carrier.
24 "Telecommunications technology" means equipment that can
25 send and receive written messages over the telephone network.
26 "Temporary residence MLTS" means the use of a MLTS or MLTS
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1 service to provide telephone service to occupants of temporary
2 or transient dwellings, including, but not limited to,
3 dormitories, hotels, motels, health care facilities, and
4 nursing homes, or other similar facilities.
5 "Transfer" means a 9-1-1 service in which the public
6 safety telecommunicator, who receives an emergency call,
7 transmits, redirects, or conferences that call to the
8 appropriate public safety agency or other provider of
9 emergency services. "Transfer" includes calls transferred
10 within the 9-1-1 system. "Transfer" does shall not include (1)
11 a relay or referral of the information without transferring
12 the caller or (2) calls transferred to a 10-digit number.
13 "Transmitting messages" shall have the meaning given to
14 that term under Section 8-11-2 of the Illinois Municipal Code.
15 "Trunk line" means a transmission path, or group of
16 transmission paths, connecting a subscriber's PBX to a
17 telecommunications carrier's public switched network. In the
18 case of regular service, each voice grade communications
19 channel or equivalent amount of bandwidth capable of
20 transporting either the subscriber's inter-premises voice
21 telecommunications services to the public switched network or
22 the subscriber's 9-1-1 calls to the public agency shall be
23 considered a trunk line, even if it is bundled with other
24 channels or additional bandwidth. In the case of advanced
25 service, each DS-1, T-1, or other un-channelized or
26 multi-channel transmission facility that is capable of
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1 transporting either the subscriber's inter-premises voice
2 telecommunications services to the public switched network or
3 the subscriber's 9-1-1 calls to the public agency shall be
4 considered a single trunk line, even if it contains multiple
5 voice grade communications channels or otherwise supports 2 or
6 more voice grade calls at a time; provided, however, that each
7 additional increment of up to 24 voice grade channels of
8 transmission capacity that is capable of transporting either
9 the subscriber's inter-premises voice telecommunications
10 services to the public switched network or the subscriber's
11 9-1-1 calls to the public agency shall be considered an
12 additional trunk line.
13 "Unmanned backup answering point" means an answering point
14 that serves as an alternate to the PSAP at an alternate
15 location and is typically unmanned but can be activated if the
16 primary PSAP is disabled.
17 "Virtual answering point" or "VAP" means a temporary or
18 nonpermanent location that is capable of receiving an
19 emergency call, contains a fully functional worksite that is
20 not bound to a specific location, but rather is portable and
21 scalable, connecting public safety telecommunicators to the
22 work process, and is capable of completing the call
23 dispatching process.
24 "Voice-impaired individual" means a person with a
25 permanent speech disability which precludes oral
26 communication, who can regularly and routinely communicate by
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1 telephone only through the aid of devices which can send and
2 receive written messages over the telephone network.
3 "Wireless" means the delivery of a wireless 9-1-1 call
4 with a callback number and identification of the cell tower
5 from which the call originated with call routing usually
6 determined by the cell sector and as set forth in the order of
7 the Federal Communication Commission, FCC Docket No. 94-102,
8 adopted June 12, 1996, with an effective date of October 1,
9 1996, and any subsequent amendment thereto.
10 "Wireless carrier" means a provider of two-way cellular,
11 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
12 Mobile Radio Service (CMRS), Wireless Communications Service
13 (WCS), or other Commercial Mobile Radio Service (CMRS), as
14 defined by the Federal Communications Commission, offering
15 radio communications that may provide fixed, mobile, radio
16 location, or satellite communication services to individuals
17 or businesses within its assigned spectrum block and
18 geographical area or that offers real-time, two-way voice
19 service that is interconnected with the public switched
20 network, including a reseller of such service.
21 "Wireless enhanced 9-1-1" means the ability to relay the
22 telephone number of the originator of a 9-1-1 call and
23 location information from any mobile handset or text telephone
24 device accessing the wireless system to the designated
25 wireless public safety answering point as set forth in the
26 order of the Federal Communications Commission, FCC Docket No.
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1 94-102, adopted June 12, 1996, with an effective date of
2 October 1, 1996, and any subsequent amendment thereto.
3 "Wireless public safety answering point" means the
4 functional division of a 9-1-1 authority accepting wireless
5 9-1-1 calls.
6 "Wireless subscriber" means an individual or entity to
7 whom a wireless service account or number has been assigned by
8 a wireless carrier, other than an account or number associated
9 with prepaid wireless telecommunication service.
10 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
11 102-813, eff. 5-13-22; 102-983, eff. 5-27-22; 103-366, eff.
12 1-1-24.)
13 (50 ILCS 750/3) (from Ch. 134, par. 33)
14 (Section scheduled to be repealed on December 31, 2025)
15 Sec. 3. (a) By July 1, 2017, every local public agency
16 shall be within the jurisdiction of a 9-1-1 system.
17 (b) Within 36 months of the awarding of a contract to a
18 vendor certified under Section 13-900 of the Public Utilities
19 Act to provide Next Generation 9-1-1 service, every 9-1-1
20 system in Illinois, except in a municipality with a population
21 over 500,000, shall provide Next Generation 9-1-1 service. A
22 municipality with a population over 500,000 shall provide Next
23 Generation 9-1-1 service by January 1, 2027 2026.
24 (c) Nothing in this Act shall be construed to prohibit or
25 discourage in any way the formation of multijurisdictional or
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1 regional systems, and any system established pursuant to this
2 Act may include the territory of more than one public agency or
3 may include a segment of the territory of a public agency.
4 (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24;
5 103-563, eff. 11-17-23.)
6 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
7 (Section scheduled to be repealed on December 31, 2025)
8 Sec. 15.3. Local non-wireless surcharge.
9 (a) Except as provided in subsection (l) of this Section,
10 the corporate authorities of any municipality or any county
11 may, subject to the limitations of subsections (c), (d), and
12 (h), and in addition to any tax levied pursuant to the
13 Simplified Municipal Telecommunications Tax Act, impose a
14 monthly surcharge on billed subscribers of network connection
15 provided by telecommunication carriers engaged in the business
16 of transmitting messages by means of electricity originating
17 within the corporate limits of the municipality or county
18 imposing the surcharge at a rate per network connection
19 determined in accordance with subsection (c), however the
20 monthly surcharge shall not apply to a network connection
21 provided for use with pay telephone services. Provided,
22 however, that where multiple voice grade communications
23 channels are connected between the subscriber's premises and a
24 public switched network through private branch exchange (PBX)
25 or centrex type service, a municipality imposing a surcharge
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1 at a rate per network connection, as determined in accordance
2 with this Act, shall impose:
3 (i) in a municipality with a population of 500,000 or
4 less or in any county, 5 such surcharges per network
5 connection, as defined under Section 2 of this Act, for
6 both regular service and advanced service provisioned
7 trunk lines;
8 (ii) in a municipality with a population, prior to
9 March 1, 2010, of 500,000 or more, 5 surcharges per
10 network connection, as defined under Section 2 of this
11 Act, for both regular service and advanced service
12 provisioned trunk lines;
13 (iii) in a municipality with a population, as of March
14 1, 2010, of 500,000 or more, 5 surcharges per network
15 connection, as defined under Section 2 of this Act, for
16 regular service provisioned trunk lines, and 12 surcharges
17 per network connection, as defined under Section 2 of this
18 Act, for advanced service provisioned trunk lines, except
19 where an advanced service provisioned trunk line supports
20 at least 2 but fewer than 23 simultaneous voice grade
21 calls ("VGC's"), a telecommunication carrier may elect to
22 impose fewer than 12 surcharges per trunk line as provided
23 in subsection (iv) of this Section; or
24 (iv) for an advanced service provisioned trunk line
25 connected between the subscriber's premises and the public
26 switched network through a P.B.X., where the advanced
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1 service provisioned trunk line is capable of transporting
2 at least 2 but fewer than 23 simultaneous VGC's per trunk
3 line, the telecommunications carrier collecting the
4 surcharge may elect to impose surcharges in accordance
5 with the table provided in this Section, without limiting
6 any telecommunications carrier's obligations to otherwise
7 keep and maintain records. Any telecommunications carrier
8 electing to impose fewer than 12 surcharges per an
9 advanced service provisioned trunk line shall keep and
10 maintain records adequately to demonstrate the VGC
11 capability of each advanced service provisioned trunk line
12 with fewer than 12 surcharges imposed, provided that 12
13 surcharges shall be imposed on an advanced service
14 provisioned trunk line regardless of the VGC capability
15 where a telecommunications carrier cannot demonstrate the
16 VGC capability of the advanced service provisioned trunk
17 line.
18Facility VGC's 911 Surcharges 19Advanced service provisioned trunk line 18-23 12 20Advanced service provisioned trunk line 12-17 10 21Advanced service provisioned trunk line 2-11 8 18 Facility VGC's 911 Surcharges 19 Advanced service provisioned trunk line 18-23 12 20 Advanced service provisioned trunk line 12-17 10 21 Advanced service provisioned trunk line 2-11 8
18 Facility VGC's 911 Surcharges
19 Advanced service provisioned trunk line 18-23 12
20 Advanced service provisioned trunk line 12-17 10
21 Advanced service provisioned trunk line 2-11 8
22 Subsections (i), (ii), (iii), and (iv) are not intended to
23 make any change in the meaning of this Section, but are
24 intended to remove possible ambiguity, thereby confirming the
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18 Facility VGC's 911 Surcharges
19 Advanced service provisioned trunk line 18-23 12
20 Advanced service provisioned trunk line 12-17 10
21 Advanced service provisioned trunk line 2-11 8
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1 intent of paragraph (a) as it existed prior to and following
2 the effective date of this amendatory Act of the 97th General
3 Assembly.
4 For mobile telecommunications services, if a surcharge is
5 imposed it shall be imposed based upon the municipality or
6 county that encompasses the customer's place of primary use as
7 defined in the Mobile Telecommunications Sourcing Conformity
8 Act. A municipality may enter into an intergovernmental
9 agreement with any county in which it is partially located,
10 when the county has adopted an ordinance to impose a surcharge
11 as provided in subsection (c), to include that portion of the
12 municipality lying outside the county in that county's
13 surcharge referendum. If the county's surcharge referendum is
14 approved, the portion of the municipality identified in the
15 intergovernmental agreement shall automatically be
16 disconnected from the county in which it lies and connected to
17 the county which approved the referendum for purposes of a
18 surcharge on telecommunications carriers.
19 (b) For purposes of computing the surcharge imposed by
20 subsection (a), the network connections to which the surcharge
21 shall apply shall be those in-service network connections,
22 other than those network connections assigned to the
23 municipality or county, where the service address for each
24 such network connection or connections is located within the
25 corporate limits of the municipality or county levying the
26 surcharge. Except for mobile telecommunication services, the
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1 "service address" shall mean the location of the primary use
2 of the network connection or connections. For mobile
3 telecommunication services, "service address" means the
4 customer's place of primary use as defined in the Mobile
5 Telecommunications Sourcing Conformity Act.
6 (c) Upon the passage of an ordinance to impose a surcharge
7 under this Section the clerk of the municipality or county
8 shall certify the question of whether the surcharge may be
9 imposed to the proper election authority who shall submit the
10 public question to the electors of the municipality or county
11 in accordance with the general election law; provided that
12 such question shall not be submitted at a consolidated primary
13 election. The public question shall be in substantially the
14 following form:
15 ----------------------------------------------
16 Shall the county (or city, village
17 or incorporated town) of ..... impose YES
18 a surcharge of up to ... per month per
19 network connection, which surcharge will
20 be added to the monthly bill you receive ------------------
21 for telephone or telecommunications
22 charges, for the purpose of installing
23 (or improving) a 9-1-1 Emergency NO
24 Telephone System?
25 -------------------------------------------------------------
26 If a majority of the votes cast upon the public question
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1 are in favor thereof, the surcharge shall be imposed.
2 However, if a Joint Emergency Telephone System Board is to
3 be created pursuant to an intergovernmental agreement under
4 Section 15.4, the ordinance to impose the surcharge shall be
5 subject to the approval of a majority of the total number of
6 votes cast upon the public question by the electors of all of
7 the municipalities or counties, or combination thereof, that
8 are parties to the intergovernmental agreement.
9 The referendum requirement of this subsection (c) shall
10 not apply to any municipality with a population over 500,000
11 or to any county in which a proposition as to whether a
12 sophisticated 9-1-1 Emergency Telephone System should be
13 installed in the county, at a cost not to exceed a specified
14 monthly amount per network connection, has previously been
15 approved by a majority of the electors of the county voting on
16 the proposition at an election conducted before the effective
17 date of this amendatory Act of 1987.
18 (d) A county may not impose a surcharge, unless requested
19 by a municipality, in any incorporated area which has
20 previously approved a surcharge as provided in subsection (c)
21 or in any incorporated area where the corporate authorities of
22 the municipality have previously entered into a binding
23 contract or letter of intent with a telecommunications carrier
24 to provide sophisticated 9-1-1 service through municipal
25 funds.
26 (e) A municipality or county may at any time by ordinance
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1 change the rate of the surcharge imposed under this Section if
2 the new rate does not exceed the rate specified in the
3 referendum held pursuant to subsection (c).
4 (f) The surcharge authorized by this Section shall be
5 collected from the subscriber by the telecommunications
6 carrier providing the subscriber the network connection as a
7 separately stated item on the subscriber's bill.
8 (g) The amount of surcharge collected by the
9 telecommunications carrier shall be paid to the particular
10 municipality or county or Joint Emergency Telephone System
11 Board not later than 30 days after the surcharge is collected,
12 net of any network or other 9-1-1 or sophisticated 9-1-1
13 system charges then due the particular telecommunications
14 carrier, as shown on an itemized bill. The telecommunications
15 carrier collecting the surcharge shall also be entitled to
16 deduct 3% of the gross amount of surcharge collected to
17 reimburse the telecommunications carrier for the expense of
18 accounting and collecting the surcharge.
19 (h) Except as expressly provided in subsection (a) of this
20 Section, on or after the effective date of this amendatory Act
21 of the 98th General Assembly and until December 31, 2017, a
22 municipality with a population of 500,000 or more shall not
23 impose a monthly surcharge per network connection in excess of
24 the highest monthly surcharge imposed as of January 1, 2014 by
25 any county or municipality under subsection (c) of this
26 Section. Beginning January 1, 2018 and until December 31, 2028
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1 2025, a municipality with a population over 500,000 may not
2 impose a monthly surcharge in excess of $5.00 per network
3 connection. On or after January 1, 2029 2026, a municipality
4 with a population over 500,000 may not impose a monthly
5 surcharge in excess of $2.50 per network connection.
6 (i) Any municipality or county or joint emergency
7 telephone system board that has imposed a surcharge pursuant
8 to this Section prior to the effective date of this amendatory
9 Act of 1990 shall hereafter impose the surcharge in accordance
10 with subsection (b) of this Section.
11 (j) The corporate authorities of any municipality or
12 county may issue, in accordance with Illinois law, bonds,
13 notes or other obligations secured in whole or in part by the
14 proceeds of the surcharge described in this Section. The State
15 of Illinois pledges and agrees that it will not limit or alter
16 the rights and powers vested in municipalities and counties by
17 this Section to impose the surcharge so as to impair the terms
18 of or affect the security for bonds, notes or other
19 obligations secured in whole or in part with the proceeds of
20 the surcharge described in this Section. The pledge and
21 agreement set forth in this Section survive the termination of
22 the surcharge under subsection (l) by virtue of the
23 replacement of the surcharge monies guaranteed under Section
24 20; the State of Illinois pledges and agrees that it will not
25 limit or alter the rights vested in municipalities and
26 counties to the surcharge replacement funds guaranteed under
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1 Section 20 so as to impair the terms of or affect the security
2 for bonds, notes or other obligations secured in whole or in
3 part with the proceeds of the surcharge described in this
4 Section.
5 (k) Any surcharge collected by or imposed on a
6 telecommunications carrier pursuant to this Section shall be
7 held to be a special fund in trust for the municipality, county
8 or Joint Emergency Telephone Board imposing the surcharge.
9 Except for the 3% deduction provided in subsection (g) above,
10 the special fund shall not be subject to the claims of
11 creditors of the telecommunication carrier.
12 (l) Any surcharge imposed pursuant to this Section by a
13 county or municipality, other than a municipality with a
14 population in excess of 500,000, shall cease to be imposed on
15 January 1, 2016.
16 (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)
17 (50 ILCS 750/15.3a)
18 (Section scheduled to be repealed on December 31, 2025)
19 Sec. 15.3a. Local wireless surcharge.
20 (a) Notwithstanding any other provision of this Act, a
21 unit of local government or emergency telephone system board
22 providing wireless 9-1-1 service and imposing and collecting a
23 wireless carrier surcharge prior to July 1, 1998 may continue
24 its practices of imposing and collecting its wireless carrier
25 surcharge, but, except as provided in subsection (b) of this
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1 Section, in no event shall that monthly surcharge exceed $2.50
2 per commercial mobile radio service (CMRS) connection or
3 in-service telephone number billed on a monthly basis. For
4 mobile telecommunications services provided on and after
5 August 1, 2002, any surcharge imposed shall be imposed based
6 upon the municipality or county that encompasses the
7 customer's place of primary use as defined in the Mobile
8 Telecommunications Sourcing Conformity Act.
9 (b) Until December 31, 2017, the corporate authorities of
10 a municipality with a population in excess of 500,000 on the
11 effective date of this amendatory Act of the 99th General
12 Assembly may by ordinance continue to impose and collect a
13 monthly surcharge per commercial mobile radio service (CMRS)
14 connection or in-service telephone number billed on a monthly
15 basis that does not exceed the highest monthly surcharge
16 imposed as of January 1, 2014 by any county or municipality
17 under subsection (c) of Section 15.3 of this Act. Beginning
18 January 1, 2018, and until December 31, 2028 2025, a
19 municipality with a population in excess of 500,000 may by
20 ordinance continue to impose and collect a monthly surcharge
21 per commercial mobile radio service (CMRS) connection or
22 in-service telephone number billed on a monthly basis that
23 does not exceed $5.00. On or after January 1, 2029 2026, the
24 municipality may continue imposing and collecting its wireless
25 carrier surcharge as provided in and subject to the
26 limitations of subsection (a) of this Section.
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1 (c) In addition to any other lawful purpose, a
2 municipality with a population over 500,000 may use the moneys
3 collected under this Section for any anti-terrorism or
4 emergency preparedness measures, including, but not limited
5 to, preparedness planning, providing local matching funds for
6 federal or State grants, personnel training, and specialized
7 equipment, including surveillance cameras, as needed to deal
8 with natural and terrorist-inspired emergency situations or
9 events.
10 (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)
11 (50 ILCS 750/15.5a)
12 (Section scheduled to be repealed on December 31, 2025)
13 Sec. 15.5a. Grandfathered private business switch or MLTS
14 9-1-1 service.
15 (a) After June 30, 2000, or within 18 months after
16 enhanced 9-1-1 or NG9-1-1 service becomes available, whichever
17 is later, any entity that manages or operates a private
18 business switch or a telecommunication facility or MLTS
19 service for businesses that was installed on or before
20 February 16, 2020 shall ensure that the system is connected to
21 the public switched network so that calls to 9-1-1 route to the
22 appropriate 9-1-1 jurisdiction with the proper ANI and ALI.
23 For buildings having their own street address and containing
24 workspace of 40,000 square feet or less, location
25 identification shall include the building's street address.
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1 For buildings having their own street address and containing
2 workspace of more than 40,000 square feet, location
3 identification shall include the building's street address and
4 one distinct location identification per 40,000 square feet of
5 workspace. Separate buildings containing workspace of 40,000
6 square feet or less having a common public street address
7 shall have a distinct location identification for each
8 building in addition to the street address.
9 (b) The following buildings are exempt from subsection (a)
10 to the extent described below:
11 (1) Buildings containing workspace of more than 40,000
12 square feet are exempt from the multiple location
13 identification requirements in subsection (a) if the
14 building maintains, at all times, alternative and adequate
15 means of signaling and responding to emergencies. Those
16 means shall include, but not be limited to, a telephone
17 system that provides the dispatchable location of 9-1-1
18 calls coming from within the building. Health care
19 facilities are presumed to meet the requirements of this
20 paragraph if the facilities are staffed with medical or
21 nursing personnel 24 hours per day and if an alternative
22 means of providing information about the source of an
23 emergency call exists. Buildings that are exempt under
24 this paragraph must provide 9-1-1 service that identifies
25 the building's street address.
26 (2) Buildings containing workspace of more than 40,000
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1 square feet are exempt from subsection (a) if the building
2 maintains, at all times, alternative and adequate means of
3 signaling and responding to emergencies, including a
4 telephone system that provides the location of a 9-1-1
5 call coming from within the building, and the building is
6 serviced by its own medical, fire, and security personnel.
7 Buildings that are exempt under this paragraph are subject
8 to emergency phone system certification by the
9 Administrator.
10 (3) Buildings in communities not serviced by NG9-1-1
11 enhanced 9-1-1 service are exempt from subsection (a).
12 (c) This Section does not apply to any MLTS telephone
13 extension that uses radio transmissions to convey electrical
14 signals directly between the telephone extension and the
15 serving MLTS.
16 (d) Any entity that installs, manages, or operates an MLTS
17 service to businesses shall ensure that all systems installed
18 on or after July 1, 2015 are connected to the public switched
19 network so that when a user dials "9-1-1", the emergency call
20 connects to the 9-1-1 system without first dialing any number
21 or set of numbers.
22 (e) The requirements of this Section do not apply to:
23 (1) any entity certified by the Illinois Commerce
24 Commission to operate a Private Emergency Answering Point
25 as defined in 83 Ill. Adm. Code 1326.105; or
26 (2) correctional institutions and facilities as
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1 defined in subsection (d) of Section 3-1-2 of the Unified
2 Code of Corrections.
3 (f) An entity that violates this Section is guilty of a
4 business offense and shall be fined not less than $1,000 and
5 not more than $5,000.
6 (g) Nothing in this Section shall be construed to preclude
7 the Attorney General on behalf of the Illinois State Police or
8 on his or her own initiative, or any other interested person,
9 from seeking judicial relief, by mandamus, injunction, or
10 otherwise, to compel compliance with this Section.
11 (h) The Illinois State Police may adopt rules for the
12 administration of this Section.
13 (Source: P.A. 102-983, eff. 5-27-22.)
14 (50 ILCS 750/15.6a)
15 (Section scheduled to be repealed on December 31, 2025)
16 Sec. 15.6a. Wireless emergency 9-1-1 service.
17 (a) The digits "9-1-1" shall be the designated emergency
18 telephone number within the wireless system.
19 (b) The Illinois State Police may set non-discriminatory
20 and uniform technical and operational standards consistent
21 with the rules of the Federal Communications Commission for
22 directing calls to authorized public safety answering points.
23 These standards shall not in any way prescribe the technology
24 or manner a wireless carrier shall use to deliver wireless
25 9-1-1 or wireless NG9-1-1 E9-1-1 calls, and these standards
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1 shall not exceed the requirements set by the Federal
2 Communications Commission; however, standards for directing
3 calls to the authorized public safety answering point shall be
4 included. The authority given to the Illinois State Police in
5 this Section is limited to setting standards as set forth
6 herein and does not constitute authority to regulate wireless
7 carriers.
8 (c) For the purpose of providing wireless 9-1-1 emergency
9 services, an emergency telephone system board may declare its
10 intention for one or more of its public safety answering
11 points to serve as a primary wireless 9-1-1 public safety
12 answering point for its jurisdiction by notifying the
13 Administrator in writing within 6 months after receiving its
14 authority to operate a 9-1-1 system under this Act. In
15 addition, 2 or more emergency telephone system boards may, by
16 virtue of an intergovernmental agreement, provide wireless
17 9-1-1 service. Until the jurisdiction comes into compliance
18 with Section 15.4a of this Act, the Illinois State Police
19 shall be the primary wireless 9-1-1 public safety answering
20 point for any jurisdiction that did not provide notice to the
21 Illinois Commerce Commission and the Illinois State Police
22 prior to January 1, 2016.
23 (d) The Administrator, upon a request from an emergency
24 telephone system board and with the advice and recommendation
25 of the Statewide 9-1-1 Advisory Board, may grant authority to
26 the emergency telephone system board to provide wireless 9-1-1
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1 service in areas for which the Illinois State Police has
2 accepted wireless 9-1-1 responsibility. The Administrator
3 shall maintain a current list of all 9-1-1 systems providing
4 wireless 9-1-1 service under this Act.
5 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
6 102-813, eff. 5-13-22.)
7 (50 ILCS 750/20)
8 (Section scheduled to be repealed on December 31, 2025)
9 Sec. 20. Statewide surcharge.
10 (a) On and after January 1, 2016, and except with respect
11 to those customers who are subject to surcharges as provided
12 in Sections 15.3 and 15.3a of this Act, a monthly surcharge
13 shall be imposed on all customers of telecommunications
14 carriers and wireless carriers as follows:
15 (1) Each telecommunications carrier shall impose a
16 monthly surcharge per network connection; provided,
17 however, the monthly surcharge shall not apply to a
18 network connection provided for use with pay telephone
19 services. Where multiple voice grade communications
20 channels are connected between the subscriber's premises
21 and a public switched network through private branch
22 exchange (PBX), Centrex type service, or other multiple
23 voice grade communication channels facility, there shall
24 be imposed 5 such surcharges per network connection for
25 both regular service and advanced service provisioned
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1 trunk lines. Until December 31, 2017, the surcharge shall
2 be $0.87 per network connection and on and after January
3 1, 2018, the surcharge shall be $1.50 per network
4 connection.
5 (2) Each wireless carrier shall impose and collect a
6 monthly surcharge per CMRS connection that either has a
7 telephone number within an area code assigned to Illinois
8 by the North American Numbering Plan Administrator or has
9 a billing address in this State. Until December 31, 2017,
10 the surcharge shall be $0.87 per connection and on and
11 after January 1, 2018, the surcharge shall be $1.50 per
12 connection.
13 (b) State and local taxes shall not apply to the
14 surcharges imposed under this Section.
15 (c) The surcharges imposed by this Section shall be stated
16 as a separately stated item on subscriber bills.
17 (d) The telecommunications carrier collecting the
18 surcharge may deduct and retain 1.74% of the gross amount of
19 surcharge collected to reimburse the telecommunications
20 carrier for the expense of accounting and collecting the
21 surcharge. On and after July 1, 2022, the wireless carrier
22 collecting a surcharge under this Section may deduct and
23 retain 1.74% of the gross amount of the surcharge collected to
24 reimburse the wireless carrier for the expense of accounting
25 and collecting the surcharge.
26 (d-5) Notwithstanding the provisions of subsection (d) of
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1 this Section, an amount not greater than 2.5% may be deducted
2 and retained if the telecommunications or wireless carrier can
3 support, through documentation, expenses that exceed the 1.74%
4 allowed. The documentation shall be submitted to the Illinois
5 State Police and input obtained from the Statewide 9-1-1
6 Advisory Board prior to approval of the deduction.
7 (e) Surcharges imposed under this Section shall be
8 collected by the carriers and shall be remitted to the
9 Illinois State Police, either by check or electronic funds
10 transfer, by the end of the next calendar month after the
11 calendar month in which it was collected for deposit into the
12 Statewide 9-1-1 Fund. Carriers are not required to remit
13 surcharge moneys that are billed to subscribers but not yet
14 collected.
15 The first remittance by wireless carriers shall include
16 the number of subscribers by zip code, and the 9-digit zip code
17 if currently being used or later implemented by the carrier,
18 that shall be the means by which the Illinois State Police
19 shall determine distributions from the Statewide 9-1-1 Fund.
20 This information shall be updated at least once each year. Any
21 carrier that fails to provide the zip code information
22 required under this subsection (e) shall be subject to the
23 penalty set forth in subsection (g) of this Section.
24 (f) If, within 8 calendar days after it is due under
25 subsection (e) of this Section, a carrier does not remit the
26 surcharge or any portion thereof required under this Section,
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1 then the surcharge or portion thereof shall be deemed
2 delinquent until paid in full, and the Illinois State Police
3 may impose a penalty against the carrier in an amount equal to
4 the greater of:
5 (1) $25 for each month or portion of a month from the
6 time an amount becomes delinquent until the amount is paid
7 in full; or
8 (2) an amount equal to the product of 1% and the sum of
9 all delinquent amounts for each month or portion of a
10 month that the delinquent amounts remain unpaid.
11 A penalty imposed in accordance with this subsection (f)
12 for a portion of a month during which the carrier pays the
13 delinquent amount in full shall be prorated for each day of
14 that month that the delinquent amount was paid in full. Any
15 penalty imposed under this subsection (f) is in addition to
16 the amount of the delinquency and is in addition to any other
17 penalty imposed under this Section.
18 (g) If, within 8 calendar days after it is due, a wireless
19 carrier does not provide the number of subscribers by zip code
20 as required under subsection (e) of this Section, then the
21 report is deemed delinquent and the Illinois State Police may
22 impose a penalty against the carrier in an amount equal to the
23 greater of:
24 (1) $25 for each month or portion of a month that the
25 report is delinquent; or
26 (2) an amount equal to the product of $0.01 and the
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1 number of subscribers served by the carrier for each month
2 or portion of a month that the delinquent report is not
3 provided.
4 A penalty imposed in accordance with this subsection (g)
5 for a portion of a month during which the carrier provides the
6 number of subscribers by zip code as required under subsection
7 (e) of this Section shall be prorated for each day of that
8 month during which the carrier had not provided the number of
9 subscribers by zip code as required under subsection (e) of
10 this Section. Any penalty imposed under this subsection (g) is
11 in addition to any other penalty imposed under this Section.
12 (h) A penalty imposed and collected in accordance with
13 subsection (f) or (g) of this Section shall be deposited into
14 the Statewide 9-1-1 Fund for distribution according to Section
15 30 of this Act.
16 (i) The Illinois State Police may enforce the collection
17 of any delinquent amount and any penalty due and unpaid under
18 this Section by legal action or in any other manner by which
19 the collection of debts due the State of Illinois may be
20 enforced under the laws of this State. The Illinois State
21 Police may excuse the payment of any penalty imposed under
22 this Section if the Administrator determines that the
23 enforcement of this penalty is unjust.
24 (j) Notwithstanding any provision of law to the contrary,
25 nothing shall impair the right of wireless carriers to recover
26 unreimbursed compliance costs for all emergency communications
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1 services directly from their wireless subscribers by line-item
2 charges on the wireless subscriber's bill. Those compliance
3 costs include all costs incurred by wireless carriers in
4 complying with local, State, and federal regulatory or
5 legislative mandates that require the transmission and receipt
6 of emergency communications to and from the general public,
7 including, but not limited to, NG9-1-1 E9-1-1.
8 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
9 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
10 (50 ILCS 750/30)
11 (Section scheduled to be repealed on December 31, 2025)
12 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
13 (a) A special fund in the State treasury known as the
14 Wireless Service Emergency Fund shall be renamed the Statewide
15 9-1-1 Fund. Any appropriations made from the Wireless Service
16 Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
17 The Fund shall consist of the following:
18 (1) (Blank).
19 (2) 9-1-1 surcharges assessed under Section 20 of this
20 Act.
21 (3) Prepaid wireless 9-1-1 surcharges assessed under
22 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
23 (4) Any appropriations, grants, or gifts made to the
24 Fund.
25 (5) Any income from interest, premiums, gains, or
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1 other earnings on moneys in the Fund.
2 (6) Money from any other source that is deposited in
3 or transferred to the Fund.
4 (b) Subject to appropriation and availability of funds,
5 the Illinois State Police shall distribute the 9-1-1
6 surcharges monthly as follows:
7 (1) From each surcharge collected and remitted under
8 Section 20 of this Act:
9 (A) $0.013 shall be distributed monthly in equal
10 amounts to each County Emergency Telephone System
11 Board in counties with a population under 100,000
12 according to the most recent census data which is
13 authorized to serve as a primary wireless 9-1-1 public
14 safety answering point for the county and to provide
15 wireless 9-1-1 service as prescribed by subsection (b)
16 of Section 15.6a of this Act, and which does provide
17 such service.
18 (B) (Blank).
19 (C) Until December 31, 2017, $0.007 and on and
20 after January 1, 2018, $0.017 shall be used to cover
21 the Illinois State Police's administrative costs.
22 (D) Beginning January 1, 2018, until June 30,
23 2020, $0.12, and on and after July 1, 2020, $0.04 shall
24 be used to make monthly disbursements to the
25 appropriate 9-1-1 Authority currently taking wireless
26 9-1-1 based upon the United States Postal Zip Code of
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1 the billing addresses of subscribers wireless
2 carriers.
3 (E) Until June 30, 2025, $0.05 shall be used by the
4 Illinois State Police for grants for NG9-1-1 expenses,
5 with priority given to 9-1-1 Authorities that provide
6 9-1-1 service within the territory of a Large Electing
7 Provider as defined in Section 13-406.1 of the Public
8 Utilities Act.
9 (F) On and after July 1, 2020, $0.13 shall be used
10 for the implementation of and continuing expenses for
11 the Statewide NG9-1-1 system.
12 (1.5) Beginning on the effective date of this
13 amendatory Act of the 103rd General Assembly, to assist
14 with the implementation of the statewide Next Generation
15 9-1-1 network, the Illinois State Police's administrative
16 costs include the one-time capital cost of upgrading the
17 Illinois State Police's call-handling equipment to meet
18 the standards necessary to access and increase
19 interoperability with the statewide Next Generation 9-1-1
20 network.
21 (A) Upon completion of the Illinois State Police's
22 call-handling equipment upgrades, but no later than
23 June 30, 2024, surplus moneys in excess of $1,000,000
24 from subparagraph (C) of paragraph (1) not utilized by
25 the Illinois State Police for administrative costs
26 shall be distributed to the 9-1-1 Authorities in
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1 accordance with subparagraph (E) of paragraph (2) on
2 an annual basis at the end of the State fiscal year.
3 Any remaining surplus money may also be distributed
4 consistent with this paragraph (1.5) at the discretion
5 of the Illinois State Police.
6 (B) Upon implementation of the Statewide NG9-1-1
7 system, but no later than June 30, 2024, surplus
8 moneys in excess of $5,000,000 from subparagraph (F)
9 of paragraph (1) not utilized by the Illinois State
10 Police for the implementation of and continuing
11 expenses for the Statewide NG9-1-1 system shall be
12 distributed to the 9-1-1 Authorities in accordance
13 with subparagraph (E) of subsection (2) on an annual
14 basis at the end of the State fiscal year. Any
15 remaining surplus money may also be distributed
16 consistent with this paragraph (1.5) at the discretion
17 of the Illinois State Police.
18 (2) After disbursements under paragraph (1) of this
19 subsection (b), all remaining funds in the Statewide 9-1-1
20 Fund shall be disbursed in the following priority order:
21 (A) The Fund shall pay monthly to:
22 (i) the 9-1-1 Authorities that imposed
23 surcharges under Section 15.3 of this Act and were
24 required to report to the Illinois Commerce
25 Commission under Section 27 of the Wireless
26 Emergency Telephone Safety Act on October 1, 2014,
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1 except a 9-1-1 Authority in a municipality with a
2 population in excess of 500,000, an amount equal
3 to the average monthly wireline and VoIP surcharge
4 revenue attributable to the most recent 12-month
5 period reported to the Illinois State Police under
6 that Section for the October 1, 2014 filing,
7 subject to the power of the Illinois State Police
8 to investigate the amount reported and adjust the
9 number by order under Article X of the Public
10 Utilities Act, so that the monthly amount paid
11 under this item accurately reflects one-twelfth of
12 the aggregate wireline and VoIP surcharge revenue
13 properly attributable to the most recent 12-month
14 period reported to the Commission; or
15 (ii) county qualified governmental entities
16 that did not impose a surcharge under Section 15.3
17 as of December 31, 2015, and counties that did not
18 impose a surcharge as of June 30, 2015, an amount
19 equivalent to their population multiplied by .37
20 multiplied by the rate of $0.69; counties that are
21 not county qualified governmental entities and
22 that did not impose a surcharge as of December 31,
23 2015, shall not begin to receive the payment
24 provided for in this subsection until NG9-1-1
25 E9-1-1 and wireless NG9-1-1 E9-1-1 services are
26 provided within their counties; or
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1 (iii) counties without 9-1-1 service that had
2 a surcharge in place by December 31, 2015, an
3 amount equivalent to their population multiplied
4 by .37 multiplied by their surcharge rate as
5 established by the referendum.
6 (B) All 9-1-1 network costs for systems outside of
7 municipalities with a population of at least 500,000
8 shall be paid by the Illinois State Police directly to
9 the vendors.
10 (C) All expenses incurred by the Administrator and
11 the Statewide 9-1-1 Advisory Board and costs
12 associated with procurement under Section 15.6b
13 including requests for information and requests for
14 proposals.
15 (D) Funds may be held in reserve by the Statewide
16 9-1-1 Advisory Board and disbursed by the Illinois
17 State Police for grants under Section 15.4b of this
18 Act and for NG9-1-1 expenses up to $12.5 million per
19 year in State fiscal years 2016 and 2017; up to $20
20 million in State fiscal year 2018; up to $20.9 million
21 in State fiscal year 2019; up to $15.3 million in State
22 fiscal year 2020; up to $16.2 million in State fiscal
23 year 2021; up to $23.1 million in State fiscal year
24 2022; and up to $17.0 million per year for State fiscal
25 year 2023 and each year thereafter. The amount held in
26 reserve in State fiscal years 2021, 2022, and 2023
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1 shall not be less than $6.5 million. Disbursements
2 under this subparagraph (D) shall be prioritized as
3 follows: (i) consolidation grants prioritized under
4 subsection (a) of Section 15.4b of this Act; (ii)
5 NG9-1-1 expenses; and (iii) consolidation grants under
6 Section 15.4b of this Act for consolidation expenses
7 incurred between January 1, 2010, and January 1, 2016.
8 (E) All remaining funds per remit month shall be
9 used to make monthly disbursements to the appropriate
10 9-1-1 Authority currently taking wireless 9-1-1 based
11 upon the United States Postal Zip Code of the billing
12 addresses of subscribers of wireless carriers.
13 (c) The moneys deposited into the Statewide 9-1-1 Fund
14 under this Section shall not be subject to administrative
15 charges or chargebacks unless otherwise authorized by this
16 Act.
17 (d) Whenever two or more 9-1-1 Authorities consolidate,
18 the resulting Joint Emergency Telephone System Board shall be
19 entitled to the monthly payments that had theretofore been
20 made to each consolidating 9-1-1 Authority. Any reserves held
21 by any consolidating 9-1-1 Authority shall be transferred to
22 the resulting Joint Emergency Telephone System Board. Whenever
23 a county that has no 9-1-1 service as of January 1, 2016 enters
24 into an agreement to consolidate to create or join a Joint
25 Emergency Telephone System Board, the Joint Emergency
26 Telephone System Board shall be entitled to the monthly
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1 payments that would have otherwise been paid to the county if
2 it had provided 9-1-1 service.
3 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
4 102-813, eff. 5-13-22; 103-366, eff. 1-1-24; 103-564, eff.
5 11-17-23.)
6 (50 ILCS 750/99)
7 (Section scheduled to be repealed on December 31, 2025)
8 Sec. 99. Repealer. This Act is repealed on December 31,
9 2028 2025.
10 (Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 7-28-23.)
11 Section 999. Effective date. This Act takes effect January
12 1, 2026.
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