HB1866 104TH GENERAL ASSEMBLY

LRB104 09427 RTM 19487 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1866

Introduced 1/29/2025, by Rep. Angelica Guerrero-Cuellar

SYNOPSIS AS INTRODUCED:

50 ILCS 750/2	from Ch. 134, par. 32
50 ILCS 750/3	from Ch. 134, par. 33
50 ILCS 750/15.3	from Ch. 134, par. 45.3
50 ILCS 750/15.3a
50 ILCS 750/15.5a
50 ILCS 750/15.6a
50 ILCS 750/20
50 ILCS 750/30
50 ILCS 750/99

Amends the Emergency Telephone System Act. Makes changes to the definitions of terms defined in the Act. Requires a municipality with a population over 500,000 to provide Next Generation 9-1-1 service by January 1, 2029 (rather than January 1, 2026). Provides that, until December 31, 2028 (rather than December 31, 2025), a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $5.00 per network connection. Provides that, on or after January 1, 2029 (rather than January 1, 2026), a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $2.50 per network connection. Provides that, until December 31, 2028 (rather than December 31, 2025), a municipality with a population in excess of 500,000 may by ordinance continue to impose and collect a monthly surcharge per commercial mobile radio service (CMRS) connection or in-service telephone number billed on a monthly basis that does not exceed $5.00. Provides that, on or after January 1, 2027 (rather than January 1, 2026), a municipality with a population in excess of 500,000 may impose and collect its wireless carrier surcharge if the monthly surcharge does not exceed $2.50 per commercial mobile radio service (CMRS) connection or in-service telephone number billed on a monthly basis. Removes references to "enhanced 9-1-1". Provides for the repeal of the Act on December 31, 2028 (rather than December 31, 2025). Effective January 1, 2026.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Emergency Telephone System Act is amended by changing Sections 2, 3, 15.3, 15.3a, 15.5a, 15.6a, 20, 30, and 99 as follows:

(50 ILCS 750/2) (from Ch. 134, par. 32)

(Section scheduled to be repealed on December 31, 2025)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:

"9-1-1 network" means the network used for the delivery of 9-1-1 calls and messages over dedicated and redundant facilities to a primary or backup 9-1-1 PSAP that meets the appropriate grade of service.

"9-1-1 system" means the geographic area that has been granted an order of authority by the Commission or the Statewide 9-1-1 Administrator to use "9-1-1" as the primary emergency telephone number, including, but not limited to, the network, software applications, databases, CPE components and operational and management procedures required to provide 9-1-1 service.

"9-1-1 Authority" means an Emergency Telephone System Board or Joint Emergency Telephone System Board that provides for the management and operation of a 9-1-1 system. "9-1-1 Authority" includes the Illinois State Police only to the extent it provides 9-1-1 services under this Act.

"9-1-1 System Manager" means the manager, director, administrator, or coordinator who at the direction of his or her Emergency Telephone System Board is responsible for the implementation and execution of the order of authority issued by the Commission or the Statewide 9-1-1 Administrator through the programs, policies, procedures, and daily operations of the 9-1-1 system consistent with the provisions of this Act.

"Administrator" means the Statewide 9-1-1 Administrator.

"Advanced service" means any telecommunications service with or without dynamic bandwidth allocation, including, but not limited to, ISDN Primary Rate Interface (PRI), that, through the use of a DS-1, T-1, or other un-channelized or multi-channel transmission facility, is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency.

"Aggregator" means an entity that ingresses 9-1-1 calls of multiple traffic types or 9-1-1 calls from multiple originating service providers and combines them on a trunk group or groups (or equivalent egress connection arrangement to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or system), and that uses the routing information provided in the received call setup signaling to select the appropriate trunk group and proceeds to signal call setup toward the 9-1-1 system provider. "Aggregator" includes an originating service provider that provides aggregation functions for its own 9-1-1 calls. "Aggregator" also includes an aggregation network or an aggregation entity that provides aggregator services for other types of system providers, such as cloud-based services or enterprise networks as its client.

"ALI" and or "automatic location identification" mean means the automatic display at the public safety answering point of the address or location of the caller's telephone and supplementary emergency services information of the location from which a call originates.

"ANI" and or "automatic number identification" mean means the automatic display of the 10-digit telephone number associated with the caller's telephone number.

"Automatic alarm" and "automatic alerting device" mean any device that will access the 9-1-1 system for emergency services upon activation and does not provide for two-way communication.

"Answering point" means a PSAP, SAP, Backup PSAP, Unmanned Backup Answering Point, or VAP.

"Authorized entity" means an answering point or participating agency other than a decommissioned PSAP.

"Backup PSAP" means an answering point that meets the appropriate standards of service and serves as an alternate to the PSAP operating independently from the PSAP at a different location that has the capability to direct dispatch for the PSAP or otherwise transfer emergency calls directly to an authorized entity. A backup PSAP may accept overflow calls from the PSAP or be activated if the primary PSAP is disabled.

"Board" means an Emergency Telephone System Board or a Joint Emergency Telephone System Board created pursuant to Section 15.4.

"Call back number" means a number used by a PSAP to recontact a location from which a 9-1-1 call was placed, regardless of whether that number is a direct-dial number for a station used to originate a 9-1-1 call.

"Carrier" includes a telecommunications carrier and a wireless carrier.

"Commission" means the Illinois Commerce Commission.

"Computer aided dispatch" or "CAD" means a computer-based system that aids public safety telecommunicators by automating selected dispatching and recordkeeping activities.

"Direct dispatch" means a 9-1-1 service wherein upon receipt of an emergency call, a public safety telecommunicator transmits - without delay, transfer, relay, or referral - all relevant available information to the appropriate public safety personnel or emergency responders.

"Dispatchable location" means a location delivered to the PSAP with a 9-1-1 call that consists of the validated street address of the calling party, plus additional information, such as a suite or apartment identifier, uncertainty data, or similar information necessary to accurately identify the location of the calling party. the street address of a 9-1-1 caller and additional information, such as room number, floor number, or similar information, necessary to identify the location of the 9-1-1 caller.

"Decommissioned" means the revocation of a PSAPs authority to handle 9-1-1 calls as an answering point within the 9-1-1 network.

"Diversion" means the obligation or expenditure of a 9-1-1 fee or charge for a purpose or function other than the purposes and functions designated by the Federal Communications Commission as acceptable under 47 CFR 9.23. "Diversion" includes distribution of a 9-1-1 fee or charge to a political subdivision that obligates or expends such fees or charges for a purpose or function other than those designated as acceptable by the Federal Communications Commission under 47 CFR 9.23.

"DS-1, T-1, or similar un-channelized or multi-channel transmission facility" means a facility that can transmit and receive a bit rate of at least 1.544 megabits per second (Mbps).

"Dynamic bandwidth allocation" means the ability of the facility or customer to drop and add channels, or adjust bandwidth, when needed in real time for voice or data purposes.

"Emergency call" means any type of request for emergency assistance through a 9-1-1 network either to the digits 9-1-1 or the emergency 24/7 10-digit telephone number for all answering points. An emergency call is not limited to a voice telephone call. It could be a two-way video call, an interactive text, Teletypewriter (TTY), an SMS, an Instant Message, or any new mechanism for communications available in the future. An emergency call occurs when the request for emergency assistance is received by a public safety telecommunicator.

"Emergency Telephone System Board" and "ETSB" mean a board appointed by the corporate authorities of a county or municipality to provide for the management and operation of a 9-1-1 system in accordance with this Act and whose members are appointed in accordance with and satisfy the requirements of subsection (a) of Section 15.4.

"EMS personnel" has the meaning given to that term in Section 3.5 of the Emergency Medical Services (EMS) Systems Act.

"Enhanced 9-1-1" or "E9-1-1" means a telephone system that includes network switching, database and PSAP premise elements capable of providing automatic location identification data, selective routing, selective transfer, fixed transfer, and a call back number, including any enhanced 9-1-1 service so designated by the Federal Communications Commission in its report and order in WC Dockets Nos. 04-36 and 05-196, or any successor proceeding.

"ETSB" means an emergency telephone system board appointed by the corporate authorities of any county or municipality that provides for the management and operation of a 9-1-1 system.

"First responder" means someone designated by a public safety agency who is charged with responding to emergency service requests, including emergency communications professionals, public safety telecommunicators, public safety telecommunicator supervisors, and police, fire, and EMS personnel who operate in the field.

"Grade of service" means the P.01 for E9-1-1 services or the equivalent for NENA Baseline NG9-1-1 as set forth in the NENA i3 Solution adopted standard.

"Hearing-impaired individual" means a person with a permanent hearing loss who can regularly and routinely communicate by telephone only through the aid of devices which can send and receive written messages over the telephone network.

"Hosted supplemental 9-1-1 service" means a database service that:

(1) electronically provides information to 9-1-1 call takers when a call is placed to 9-1-1;

(2) allows telephone subscribers to provide information to 9-1-1 to be used in emergency scenarios;

(3) collects a variety of formatted data relevant to 9-1-1 and first responder needs, which may include, but is not limited to, photographs of the telephone subscribers, physical descriptions, medical information, household data, and emergency contacts;

(4) allows for information to be entered by telephone subscribers through a secure website where they can elect to provide as little or as much information as they choose;

(5) automatically displays data provided by telephone subscribers to 9-1-1 call takers for all types of telephones when a call is placed to 9-1-1 from a registered and confirmed phone number;

(6) supports the delivery of telephone subscriber information through a secure internet connection to all emergency telephone system boards;

(7) works across all 9-1-1 call taking equipment and allows for the easy transfer of information into a computer aided dispatch system; and

(8) may be used to collect information pursuant to an Illinois Premise Alert Program as defined in the Illinois Premise Alert Program (PAP) Act.

"Interconnected voice over Internet protocol provider" and or "Interconnected VoIP provider" have has the meaning given to that term under Section 13-235 of the Public Utilities Act.

"Joint Emergency Telephone System Board" and "Joint ETSB" mean means a Joint Emergency Telephone System Board established by intergovernmental agreement of two or more municipalities or counties, or a combination thereof, to provide for the management and operation of a 9-1-1 system.

"Key telephone system" means a type of MLTS designed to provide shared access to several outside lines through buttons or keys typically offering identified access lines with direct line appearance or termination on a given telephone set.

"Local public agency" means any unit of local government or special purpose district located in whole or in part within this State that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services.

"Mechanical dialer" means any device that accesses the 9-1-1 system without human intervention and does not provide for two-way communication.

"Master Street Address Guide" and or "MSAG" mean is a database of street names and house ranges within their associated communities defining emergency service zones (ESZs) and their associated emergency service numbers (ESNs) to enable proper routing of 9-1-1 calls.

"Mobile telephone number" and or "MTN" mean means the telephone number assigned to a wireless telephone at the time of initial activation.

"Multi-line telephone system" and or "MLTS" mean means a system that is comprised of a common control unit or units, telephone sets, control hardware and software, and adjunct systems and that enables users to make and receive telephone calls using shared resources, such as telephone network trunks or data link bandwidth. The terms "multi-line telephone system" and "MLTS" include, but are not limited to: network-based and premises-based systems, such as Centrex service; premises-based, hosted, and cloud-based VoIP systems; PBX, hybrid, and key telephone systems (as classified by the Federal Communications Commission under 47 CFR Part 68 or any successor rules); and systems owned or leased by governmental agencies, nonprofit entities, and for-profit businesses.

"Network connections" means the number of voice grade communications channels directly between a subscriber and a telecommunications carrier's public switched network, without the intervention of any other telecommunications carrier's switched network, which would be required to carry the subscriber's inter-premises traffic and which connection either (1) is capable of providing access through the public switched network to a 9-1-1 Emergency Telephone System, if one exists, or (2) if no system exists at the time a surcharge is imposed under Section 15.3, that would be capable of providing access through the public switched network to the local 9-1-1 Emergency Telephone System if one existed. Where multiple voice grade communications channels are connected to a telecommunications carrier's public switched network through a private branch exchange (PBX) service, there shall be determined to be one network connection for each trunk line capable of transporting either the subscriber's inter-premises traffic to the public switched network or the subscriber's 9-1-1 calls to the public agency. Where multiple voice grade communications channels are connected to an OSP's public switched network through Centrex type service, the number of network connections shall be equal to the number of PBX trunk equivalents for the subscriber's service or other multiple voice grade communication channels facility, as determined by reference to any generally applicable exchange access service tariff filed by the subscriber's telecommunications carrier with the Commission.

"Network costs" means those recurring costs that directly relate to the operation of the 9-1-1 network as determined by the Statewide 9-1-1 Administrator with the advice of the Statewide 9-1-1 Advisory Board, which may include, but need not be limited to, some or all of the following: costs for interoffice trunks, selective routing charges, transfer lines and toll charges for 9-1-1 services, Automatic Location Information (ALI) database charges, independent local exchange carrier charges and non-system provider charges, carrier charges for third party database for on-site customer premises equipment, back-up PSAP trunks for non-system providers, periodic database updates as provided by carrier (also known as "ALI data dump"), regional ALI storage charges, circuits for call delivery (fiber or circuit connection), NG9-1-1 costs, and all associated fees, taxes, and surcharges on each invoice. "Network costs" shall not include radio circuits or toll charges that are other than for 9-1-1 services.

"Next generation 9-1-1" and or "NG9-1-1" mean means a secure Internet Protocol-based (IP-based) open-standards system comprised of hardware, software, data, and operational policies and procedures that:

(A) provides standardized interfaces from emergency call and message services to support emergency communications;

(B) processes all types of emergency calls, including voice, text, data, and multimedia information;

(C) acquires and integrates additional emergency call data useful to call routing and handling;

(D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities based on the location of the caller;

(E) supports data, video, and other communications needs for coordinated incident response and management; and

(F) interoperates with services and networks used by first responders to facilitate emergency response.

"Next Generation 9-1-1 costs" and "NG9-1-1 costs" mean means those recurring costs that directly relate to the Next Generation 9-1-1 service as determined by the Statewide 9-1-1 Administrator with the advice of the Statewide 9-1-1 Advisory Board, which may include, but need not be limited to, costs for NENA i3 Core Components (Border Control Function (BCF), Emergency Call Routing Function (ECRF), Location Validation Function (LVF), Emergency Services Routing Proxy (ESRP), Policy Store/Policy Routing Functions (PSPRF), and Location Information Servers (LIS)), Statewide ESInet, software external to the PSAP (data collection, identity management, aggregation, and GIS functionality), and gateways (legacy 9-1-1 tandems or gateways or both).

"Next Generation 9-1-1 Core Services" and "NGCS" mean a set of services needed to process a 9-1-1 call on an ESInet. "Next Generation 9-1-1 Core Services" and "NGCS" include, but are not limited to, the ESRP, ECRF, LVF, BCF, Bridge, Policy Store, Logging Services, and typical IP services, such as DNS and DHCP. "Next Generation 9-1-1 Core Services" and "NGCS" do not include the network on which the services operate.

"Originating service provider" or "OSP" means the entity that provides services to end users that may be used to originate voice or nonvoice 9-1-1 requests for assistance and who would interconnect, in any of various fashions, to the 9-1-1 system provider for purposes of delivering 9-1-1 traffic to the public safety answering points.

"Private branch exchange" or "PBX" means a private telephone system and associated equipment located on the user's property that provides communications between internal stations and external networks.

"Private business switch service" means network and premises based systems including a VoIP, Centrex type service, or PBX service, even though key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 are directly connected to Centrex type and PBX systems. "Private business switch service" does not include key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 when not used in conjunction with a VoIP, Centrex type, or PBX systems. "Private business switch service" typically includes, but is not limited to, private businesses, corporations, and industries where the telecommunications service is primarily for conducting business.

"Private residential switch service" means network and premise based systems including a VoIP, Centrex type service, or PBX service or key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 that are directly connected to a VoIP, Centrex type service, or PBX systems equipped for switched local network connections or 9-1-1 system access to residential end users through a private telephone switch. "Private residential switch service" does not include key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 when not used in conjunction with a VoIP, Centrex type, or PBX systems. "Private residential switch service" typically includes, but is not limited to, apartment complexes, condominiums, and campus or university environments where shared tenant service is provided and where the usage of the telecommunications service is primarily residential.

"Public agency" means the State, and any unit of local government or special purpose district located in whole or in part within this State, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services.

"Public safety agency" means a functional division of a public agency that provides firefighting, police, medical, or other emergency services to respond to and manage emergency incidents. For the purpose of providing wireless service to users of 9-1-1 emergency services, as expressly provided for in this Act, the Illinois State Police may be considered a public safety agency.

"Public safety answering point" and or "PSAP" mean means the primary answering location of an emergency call that meets the appropriate standards of service and is responsible for receiving and processing those calls and events according to a specified operational policy.

"PSAP representative" means the manager or supervisor of a Public Safety Answering Point (PSAP) who oversees the daily operational functions and is responsible for the overall management and administration of the PSAP.

"Public safety telecommunicator" means any person employed in a full-time or part-time capacity at an answering point whose duties or responsibilities include answering, receiving, or transferring an emergency call for dispatch to the appropriate emergency responder.

"Public safety telecommunicator supervisor" means any person employed in a full-time or part-time capacity at an answering point or by a 9-1-1 Authority, whose primary duties or responsibilities are to direct, administer, or manage any public safety telecommunicator and whose responsibilities include answering, receiving, or transferring an emergency call for dispatch to the appropriate emergency responders.

"Referral" means a 9-1-1 service in which the public safety telecommunicator provides the calling party with the telephone number of the appropriate public safety agency or other provider of emergency services.

"Regular service" means any telecommunications service, other than advanced service, that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency.

"Relay" means a 9-1-1 service in which the public safety telecommunicator takes the pertinent information from a caller and relays that information to the appropriate public safety agency or other provider of emergency services.

"Remit period" means the billing period, one month in duration, for which a wireless carrier remits a surcharge and provides subscriber information by zip code to the Illinois State Police, in accordance with Section 20 of this Act.

"Secondary Answering Point" or "SAP" means a location, other than a PSAP, that is able to receive the voice, data, and call back number of E9-1-1 or NG9-1-1 emergency calls transferred from a PSAP and completes the call taking process by dispatching police, medical, fire, or other emergency responders.

"Shared residential MLTS service" means the use of one or more MLTS or MLTS services to provide telephone service to residential facilities, including, but not limited to, single-family dwellings and multi-family dwellings, such as apartments, even if the service is not individually billed.

"Shared telecommunications services" means the provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses, or high-rise buildings by a commercial shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services. The term "shared telecommunications services" includes the provisioning of connections to the facilities of a local exchange carrier or an interexchange carrier.

"Statewide wireless emergency 9-1-1 system" means all areas of the State where an emergency telephone system board has not declared its intention for one or more of its public safety answering points to serve as a primary wireless 9-1-1 public safety answering point for its jurisdiction. The operator of the statewide wireless emergency 9-1-1 system shall be the Illinois State Police.

"Subscriber" means an individual or entity to whom a wireless carrier has assigned a wireless service account or number.

"System" means the communications equipment, and related software applications, and databases required to produce a response by the appropriate emergency public safety agency or other provider of emergency services as a result of an emergency call being placed to 9-1-1.

"System provider" means the contracted entity providing 9-1-1 network and database services.

"Telecommunications carrier" means those entities included within the definition specified in Section 13-202 of the Public Utilities Act, and includes those carriers acting as resellers of telecommunications services. "Telecommunications carrier" includes telephone systems operating as mutual concerns. "Telecommunications carrier" does not include a wireless carrier.

"Telecommunications technology" means equipment that can send and receive written messages over the telephone network.

"Temporary residence MLTS" means the use of a MLTS or MLTS service to provide telephone service to occupants of temporary or transient dwellings, including, but not limited to, dormitories, hotels, motels, health care facilities, and nursing homes, or other similar facilities.

"Transfer" means a 9-1-1 service in which the public safety telecommunicator, who receives an emergency call, transmits, redirects, or conferences that call to the appropriate public safety agency or other provider of emergency services. "Transfer" includes calls transferred within the 9-1-1 system. "Transfer" does shall not include (1) a relay or referral of the information without transferring the caller or (2) calls transferred to a 10-digit number.

"Transmitting messages" shall have the meaning given to that term under Section 8-11-2 of the Illinois Municipal Code.

"Trunk line" means a transmission path, or group of transmission paths, connecting a subscriber's PBX to a telecommunications carrier's public switched network. In the case of regular service, each voice grade communications channel or equivalent amount of bandwidth capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered a trunk line, even if it is bundled with other channels or additional bandwidth. In the case of advanced service, each DS-1, T-1, or other un-channelized or multi-channel transmission facility that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered a single trunk line, even if it contains multiple voice grade communications channels or otherwise supports 2 or more voice grade calls at a time; provided, however, that each additional increment of up to 24 voice grade channels of transmission capacity that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered an additional trunk line.

"Unmanned backup answering point" means an answering point that serves as an alternate to the PSAP at an alternate location and is typically unmanned but can be activated if the primary PSAP is disabled.

"Virtual answering point" or "VAP" means a temporary or nonpermanent location that is capable of receiving an emergency call, contains a fully functional worksite that is not bound to a specific location, but rather is portable and scalable, connecting public safety telecommunicators to the work process, and is capable of completing the call dispatching process.

"Voice-impaired individual" means a person with a permanent speech disability which precludes oral communication, who can regularly and routinely communicate by telephone only through the aid of devices which can send and receive written messages over the telephone network.

"Wireless" means the delivery of a wireless 9-1-1 call with a callback number and identification of the cell tower from which the call originated with call routing usually determined by the cell sector and as set forth in the order of the Federal Communication Commission, FCC Docket No. 94-102, adopted June 12, 1996, with an effective date of October 1, 1996, and any subsequent amendment thereto.

"Wireless carrier" means a provider of two-way cellular, broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial Mobile Radio Service (CMRS), Wireless Communications Service (WCS), or other Commercial Mobile Radio Service (CMRS), as defined by the Federal Communications Commission, offering radio communications that may provide fixed, mobile, radio location, or satellite communication services to individuals or businesses within its assigned spectrum block and geographical area or that offers real-time, two-way voice service that is interconnected with the public switched network, including a reseller of such service.

"Wireless enhanced 9-1-1" means the ability to relay the telephone number of the originator of a 9-1-1 call and location information from any mobile handset or text telephone device accessing the wireless system to the designated wireless public safety answering point as set forth in the order of the Federal Communications Commission, FCC Docket No. 94-102, adopted June 12, 1996, with an effective date of October 1, 1996, and any subsequent amendment thereto.

"Wireless public safety answering point" means the functional division of a 9-1-1 authority accepting wireless 9-1-1 calls.

"Wireless subscriber" means an individual or entity to whom a wireless service account or number has been assigned by a wireless carrier, other than an account or number associated with prepaid wireless telecommunication service.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-983, eff. 5-27-22; 103-366, eff. 1-1-24.)

(50 ILCS 750/3) (from Ch. 134, par. 33)

(Section scheduled to be repealed on December 31, 2025)

Sec. 3. (a) By July 1, 2017, every local public agency shall be within the jurisdiction of a 9-1-1 system.

(b) Within 36 months of the awarding of a contract to a vendor certified under Section 13-900 of the Public Utilities Act to provide Next Generation 9-1-1 service, every 9-1-1 system in Illinois, except in a municipality with a population over 500,000, shall provide Next Generation 9-1-1 service. A municipality with a population over 500,000 shall provide Next Generation 9-1-1 service by January 1, 2027 2026.

(c) Nothing in this Act shall be construed to prohibit or discourage in any way the formation of multijurisdictional or regional systems, and any system established pursuant to this Act may include the territory of more than one public agency or may include a segment of the territory of a public agency.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24; 103-563, eff. 11-17-23.)

(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)

(Section scheduled to be repealed on December 31, 2025)

Sec. 15.3. Local non-wireless surcharge.

(a) Except as provided in subsection (l) of this Section, the corporate authorities of any municipality or any county may, subject to the limitations of subsections (c), (d), and (h), and in addition to any tax levied pursuant to the Simplified Municipal Telecommunications Tax Act, impose a monthly surcharge on billed subscribers of network connection provided by telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the municipality or county imposing the surcharge at a rate per network connection determined in accordance with subsection (c), however the monthly surcharge shall not apply to a network connection provided for use with pay telephone services. Provided, however, that where multiple voice grade communications channels are connected between the subscriber's premises and a public switched network through private branch exchange (PBX) or centrex type service, a municipality imposing a surcharge at a rate per network connection, as determined in accordance with this Act, shall impose:

(i) in a municipality with a population of 500,000 or less or in any county, 5 such surcharges per network connection, as defined under Section 2 of this Act, for both regular service and advanced service provisioned trunk lines;

(ii) in a municipality with a population, prior to March 1, 2010, of 500,000 or more, 5 surcharges per network connection, as defined under Section 2 of this Act, for both regular service and advanced service provisioned trunk lines;

(iii) in a municipality with a population, as of March 1, 2010, of 500,000 or more, 5 surcharges per network connection, as defined under Section 2 of this Act, for regular service provisioned trunk lines, and 12 surcharges per network connection, as defined under Section 2 of this Act, for advanced service provisioned trunk lines, except where an advanced service provisioned trunk line supports at least 2 but fewer than 23 simultaneous voice grade calls ("VGC's"), a telecommunication carrier may elect to impose fewer than 12 surcharges per trunk line as provided in subsection (iv) of this Section; or

(iv) for an advanced service provisioned trunk line connected between the subscriber's premises and the public switched network through a P.B.X., where the advanced service provisioned trunk line is capable of transporting at least 2 but fewer than 23 simultaneous VGC's per trunk line, the telecommunications carrier collecting the surcharge may elect to impose surcharges in accordance with the table provided in this Section, without limiting any telecommunications carrier's obligations to otherwise keep and maintain records. Any telecommunications carrier electing to impose fewer than 12 surcharges per an advanced service provisioned trunk line shall keep and maintain records adequately to demonstrate the VGC capability of each advanced service provisioned trunk line with fewer than 12 surcharges imposed, provided that 12 surcharges shall be imposed on an advanced service provisioned trunk line regardless of the VGC capability where a telecommunications carrier cannot demonstrate the VGC capability of the advanced service provisioned trunk line.

Subsections (i), (ii), (iii), and (iv) are not intended to make any change in the meaning of this Section, but are intended to remove possible ambiguity, thereby confirming the intent of paragraph (a) as it existed prior to and following the effective date of this amendatory Act of the 97th General Assembly.

For mobile telecommunications services, if a surcharge is imposed it shall be imposed based upon the municipality or county that encompasses the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. A municipality may enter into an intergovernmental agreement with any county in which it is partially located, when the county has adopted an ordinance to impose a surcharge as provided in subsection (c), to include that portion of the municipality lying outside the county in that county's surcharge referendum. If the county's surcharge referendum is approved, the portion of the municipality identified in the intergovernmental agreement shall automatically be disconnected from the county in which it lies and connected to the county which approved the referendum for purposes of a surcharge on telecommunications carriers.

(b) For purposes of computing the surcharge imposed by subsection (a), the network connections to which the surcharge shall apply shall be those in-service network connections, other than those network connections assigned to the municipality or county, where the service address for each such network connection or connections is located within the corporate limits of the municipality or county levying the surcharge. Except for mobile telecommunication services, the "service address" shall mean the location of the primary use of the network connection or connections. For mobile telecommunication services, "service address" means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act.

(c) Upon the passage of an ordinance to impose a surcharge under this Section the clerk of the municipality or county shall certify the question of whether the surcharge may be imposed to the proper election authority who shall submit the public question to the electors of the municipality or county in accordance with the general election law; provided that such question shall not be submitted at a consolidated primary election. The public question shall be in substantially the following form:

----------------------------------------------

Shall the county (or city, village or incorporated town) of ..... impose YES a surcharge of up to ...¢ per month per network connection, which surcharge will be added to the monthly bill you receive ------------------

for telephone or telecommunications charges, for the purpose of installing (or improving) a 9-1-1 Emergency NO Telephone System? -------------------------------------------------------------

If a majority of the votes cast upon the public question are in favor thereof, the surcharge shall be imposed.

However, if a Joint Emergency Telephone System Board is to be created pursuant to an intergovernmental agreement under Section 15.4, the ordinance to impose the surcharge shall be subject to the approval of a majority of the total number of votes cast upon the public question by the electors of all of the municipalities or counties, or combination thereof, that are parties to the intergovernmental agreement.

The referendum requirement of this subsection (c) shall not apply to any municipality with a population over 500,000 or to any county in which a proposition as to whether a sophisticated 9-1-1 Emergency Telephone System should be installed in the county, at a cost not to exceed a specified monthly amount per network connection, has previously been approved by a majority of the electors of the county voting on the proposition at an election conducted before the effective date of this amendatory Act of 1987.

(d) A county may not impose a surcharge, unless requested by a municipality, in any incorporated area which has previously approved a surcharge as provided in subsection (c) or in any incorporated area where the corporate authorities of the municipality have previously entered into a binding contract or letter of intent with a telecommunications carrier to provide sophisticated 9-1-1 service through municipal funds.

(e) A municipality or county may at any time by ordinance change the rate of the surcharge imposed under this Section if the new rate does not exceed the rate specified in the referendum held pursuant to subsection (c).

(f) The surcharge authorized by this Section shall be collected from the subscriber by the telecommunications carrier providing the subscriber the network connection as a separately stated item on the subscriber's bill.

(g) The amount of surcharge collected by the telecommunications carrier shall be paid to the particular municipality or county or Joint Emergency Telephone System Board not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due the particular telecommunications carrier, as shown on an itemized bill. The telecommunications carrier collecting the surcharge shall also be entitled to deduct 3% of the gross amount of surcharge collected to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge.

(h) Except as expressly provided in subsection (a) of this Section, on or after the effective date of this amendatory Act of the 98th General Assembly and until December 31, 2017, a municipality with a population of 500,000 or more shall not impose a monthly surcharge per network connection in excess of the highest monthly surcharge imposed as of January 1, 2014 by any county or municipality under subsection (c) of this Section. Beginning January 1, 2018 and until December 31, 2028 2025, a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $5.00 per network connection. On or after January 1, 2029 2026, a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $2.50 per network connection.

(i) Any municipality or county or joint emergency telephone system board that has imposed a surcharge pursuant to this Section prior to the effective date of this amendatory Act of 1990 shall hereafter impose the surcharge in accordance with subsection (b) of this Section.

(j) The corporate authorities of any municipality or county may issue, in accordance with Illinois law, bonds, notes or other obligations secured in whole or in part by the proceeds of the surcharge described in this Section. The State of Illinois pledges and agrees that it will not limit or alter the rights and powers vested in municipalities and counties by this Section to impose the surcharge so as to impair the terms of or affect the security for bonds, notes or other obligations secured in whole or in part with the proceeds of the surcharge described in this Section. The pledge and agreement set forth in this Section survive the termination of the surcharge under subsection (l) by virtue of the replacement of the surcharge monies guaranteed under Section 20; the State of Illinois pledges and agrees that it will not limit or alter the rights vested in municipalities and counties to the surcharge replacement funds guaranteed under Section 20 so as to impair the terms of or affect the security for bonds, notes or other obligations secured in whole or in part with the proceeds of the surcharge described in this Section.

(k) Any surcharge collected by or imposed on a telecommunications carrier pursuant to this Section shall be held to be a special fund in trust for the municipality, county or Joint Emergency Telephone Board imposing the surcharge. Except for the 3% deduction provided in subsection (g) above, the special fund shall not be subject to the claims of creditors of the telecommunication carrier.

(l) Any surcharge imposed pursuant to this Section by a county or municipality, other than a municipality with a population in excess of 500,000, shall cease to be imposed on January 1, 2016.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)

(50 ILCS 750/15.3a)

(Section scheduled to be repealed on December 31, 2025)

Sec. 15.3a. Local wireless surcharge.

(a) Notwithstanding any other provision of this Act, a unit of local government or emergency telephone system board providing wireless 9-1-1 service and imposing and collecting a wireless carrier surcharge prior to July 1, 1998 may continue its practices of imposing and collecting its wireless carrier surcharge, but, except as provided in subsection (b) of this Section, in no event shall that monthly surcharge exceed $2.50 per commercial mobile radio service (CMRS) connection or in-service telephone number billed on a monthly basis. For mobile telecommunications services provided on and after August 1, 2002, any surcharge imposed shall be imposed based upon the municipality or county that encompasses the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act.

(b) Until December 31, 2017, the corporate authorities of a municipality with a population in excess of 500,000 on the effective date of this amendatory Act of the 99th General Assembly may by ordinance continue to impose and collect a monthly surcharge per commercial mobile radio service (CMRS) connection or in-service telephone number billed on a monthly basis that does not exceed the highest monthly surcharge imposed as of January 1, 2014 by any county or municipality under subsection (c) of Section 15.3 of this Act. Beginning January 1, 2018, and until December 31, 2028 2025, a municipality with a population in excess of 500,000 may by ordinance continue to impose and collect a monthly surcharge per commercial mobile radio service (CMRS) connection or in-service telephone number billed on a monthly basis that does not exceed $5.00. On or after January 1, 2029 2026, the municipality may continue imposing and collecting its wireless carrier surcharge as provided in and subject to the limitations of subsection (a) of this Section.

(c) In addition to any other lawful purpose, a municipality with a population over 500,000 may use the moneys collected under this Section for any anti-terrorism or emergency preparedness measures, including, but not limited to, preparedness planning, providing local matching funds for federal or State grants, personnel training, and specialized equipment, including surveillance cameras, as needed to deal with natural and terrorist-inspired emergency situations or events.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)

(50 ILCS 750/15.5a)

(Section scheduled to be repealed on December 31, 2025)

Sec. 15.5a. Grandfathered private business switch or MLTS 9-1-1 service.

(a) After June 30, 2000, or within 18 months after enhanced 9-1-1 or NG9-1-1 service becomes available, whichever is later, any entity that manages or operates a private business switch or a telecommunication facility or MLTS service for businesses that was installed on or before February 16, 2020 shall ensure that the system is connected to the public switched network so that calls to 9-1-1 route to the appropriate 9-1-1 jurisdiction with the proper ANI and ALI. For buildings having their own street address and containing workspace of 40,000 square feet or less, location identification shall include the building's street address. For buildings having their own street address and containing workspace of more than 40,000 square feet, location identification shall include the building's street address and one distinct location identification per 40,000 square feet of workspace. Separate buildings containing workspace of 40,000 square feet or less having a common public street address shall have a distinct location identification for each building in addition to the street address.

(b) The following buildings are exempt from subsection (a) to the extent described below:

(1) Buildings containing workspace of more than 40,000 square feet are exempt from the multiple location identification requirements in subsection (a) if the building maintains, at all times, alternative and adequate means of signaling and responding to emergencies. Those means shall include, but not be limited to, a telephone system that provides the dispatchable location of 9-1-1 calls coming from within the building. Health care facilities are presumed to meet the requirements of this paragraph if the facilities are staffed with medical or nursing personnel 24 hours per day and if an alternative means of providing information about the source of an emergency call exists. Buildings that are exempt under this paragraph must provide 9-1-1 service that identifies the building's street address.

(2) Buildings containing workspace of more than 40,000 square feet are exempt from subsection (a) if the building maintains, at all times, alternative and adequate means of signaling and responding to emergencies, including a telephone system that provides the location of a 9-1-1 call coming from within the building, and the building is serviced by its own medical, fire, and security personnel. Buildings that are exempt under this paragraph are subject to emergency phone system certification by the Administrator.

(3) Buildings in communities not serviced by NG9-1-1 enhanced 9-1-1 service are exempt from subsection (a).

(c) This Section does not apply to any MLTS telephone extension that uses radio transmissions to convey electrical signals directly between the telephone extension and the serving MLTS.

(d) Any entity that installs, manages, or operates an MLTS service to businesses shall ensure that all systems installed on or after July 1, 2015 are connected to the public switched network so that when a user dials "9-1-1", the emergency call connects to the 9-1-1 system without first dialing any number or set of numbers.

(e) The requirements of this Section do not apply to:

(1) any entity certified by the Illinois Commerce Commission to operate a Private Emergency Answering Point as defined in 83 Ill. Adm. Code 1326.105; or

(2) correctional institutions and facilities as defined in subsection (d) of Section 3-1-2 of the Unified Code of Corrections.

(f) An entity that violates this Section is guilty of a business offense and shall be fined not less than $1,000 and not more than $5,000.

(g) Nothing in this Section shall be construed to preclude the Attorney General on behalf of the Illinois State Police or on his or her own initiative, or any other interested person, from seeking judicial relief, by mandamus, injunction, or otherwise, to compel compliance with this Section.

(h) The Illinois State Police may adopt rules for the administration of this Section.

(Source: P.A. 102-983, eff. 5-27-22.)

(50 ILCS 750/15.6a)

(Section scheduled to be repealed on December 31, 2025)

Sec. 15.6a. Wireless emergency 9-1-1 service.

(a) The digits "9-1-1" shall be the designated emergency telephone number within the wireless system.

(b) The Illinois State Police may set non-discriminatory and uniform technical and operational standards consistent with the rules of the Federal Communications Commission for directing calls to authorized public safety answering points. These standards shall not in any way prescribe the technology or manner a wireless carrier shall use to deliver wireless 9-1-1 or wireless NG9-1-1 E9-1-1 calls, and these standards shall not exceed the requirements set by the Federal Communications Commission; however, standards for directing calls to the authorized public safety answering point shall be included. The authority given to the Illinois State Police in this Section is limited to setting standards as set forth herein and does not constitute authority to regulate wireless carriers.

(c) For the purpose of providing wireless 9-1-1 emergency services, an emergency telephone system board may declare its intention for one or more of its public safety answering points to serve as a primary wireless 9-1-1 public safety answering point for its jurisdiction by notifying the Administrator in writing within 6 months after receiving its authority to operate a 9-1-1 system under this Act. In addition, 2 or more emergency telephone system boards may, by virtue of an intergovernmental agreement, provide wireless 9-1-1 service. Until the jurisdiction comes into compliance with Section 15.4a of this Act, the Illinois State Police shall be the primary wireless 9-1-1 public safety answering point for any jurisdiction that did not provide notice to the Illinois Commerce Commission and the Illinois State Police prior to January 1, 2016.

(d) The Administrator, upon a request from an emergency telephone system board and with the advice and recommendation of the Statewide 9-1-1 Advisory Board, may grant authority to the emergency telephone system board to provide wireless 9-1-1 service in areas for which the Illinois State Police has accepted wireless 9-1-1 responsibility. The Administrator shall maintain a current list of all 9-1-1 systems providing wireless 9-1-1 service under this Act.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(50 ILCS 750/20)

(Section scheduled to be repealed on December 31, 2025)

Sec. 20. Statewide surcharge.

(a) On and after January 1, 2016, and except with respect to those customers who are subject to surcharges as provided in Sections 15.3 and 15.3a of this Act, a monthly surcharge shall be imposed on all customers of telecommunications carriers and wireless carriers as follows:

(1) Each telecommunications carrier shall impose a monthly surcharge per network connection; provided, however, the monthly surcharge shall not apply to a network connection provided for use with pay telephone services. Where multiple voice grade communications channels are connected between the subscriber's premises and a public switched network through private branch exchange (PBX), Centrex type service, or other multiple voice grade communication channels facility, there shall be imposed 5 such surcharges per network connection for both regular service and advanced service provisioned trunk lines. Until December 31, 2017, the surcharge shall be $0.87 per network connection and on and after January 1, 2018, the surcharge shall be $1.50 per network connection.

(2) Each wireless carrier shall impose and collect a monthly surcharge per CMRS connection that either has a telephone number within an area code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State. Until December 31, 2017, the surcharge shall be $0.87 per connection and on and after January 1, 2018, the surcharge shall be $1.50 per connection.

(b) State and local taxes shall not apply to the surcharges imposed under this Section.

(c) The surcharges imposed by this Section shall be stated as a separately stated item on subscriber bills.

(d) The telecommunications carrier collecting the surcharge may deduct and retain 1.74% of the gross amount of surcharge collected to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge. On and after July 1, 2022, the wireless carrier collecting a surcharge under this Section may deduct and retain 1.74% of the gross amount of the surcharge collected to reimburse the wireless carrier for the expense of accounting and collecting the surcharge.

(d-5) Notwithstanding the provisions of subsection (d) of this Section, an amount not greater than 2.5% may be deducted and retained if the telecommunications or wireless carrier can support, through documentation, expenses that exceed the 1.74% allowed. The documentation shall be submitted to the Illinois State Police and input obtained from the Statewide 9-1-1 Advisory Board prior to approval of the deduction.

(e) Surcharges imposed under this Section shall be collected by the carriers and shall be remitted to the Illinois State Police, either by check or electronic funds transfer, by the end of the next calendar month after the calendar month in which it was collected for deposit into the Statewide 9-1-1 Fund. Carriers are not required to remit surcharge moneys that are billed to subscribers but not yet collected.

The first remittance by wireless carriers shall include the number of subscribers by zip code, and the 9-digit zip code if currently being used or later implemented by the carrier, that shall be the means by which the Illinois State Police shall determine distributions from the Statewide 9-1-1 Fund. This information shall be updated at least once each year. Any carrier that fails to provide the zip code information required under this subsection (e) shall be subject to the penalty set forth in subsection (g) of this Section.

(f) If, within 8 calendar days after it is due under subsection (e) of this Section, a carrier does not remit the surcharge or any portion thereof required under this Section, then the surcharge or portion thereof shall be deemed delinquent until paid in full, and the Illinois State Police may impose a penalty against the carrier in an amount equal to the greater of:

(1) $25 for each month or portion of a month from the time an amount becomes delinquent until the amount is paid in full; or

(2) an amount equal to the product of 1% and the sum of all delinquent amounts for each month or portion of a month that the delinquent amounts remain unpaid.

A penalty imposed in accordance with this subsection (f) for a portion of a month during which the carrier pays the delinquent amount in full shall be prorated for each day of that month that the delinquent amount was paid in full. Any penalty imposed under this subsection (f) is in addition to the amount of the delinquency and is in addition to any other penalty imposed under this Section.

(g) If, within 8 calendar days after it is due, a wireless carrier does not provide the number of subscribers by zip code as required under subsection (e) of this Section, then the report is deemed delinquent and the Illinois State Police may impose a penalty against the carrier in an amount equal to the greater of:

(1) $25 for each month or portion of a month that the report is delinquent; or

(2) an amount equal to the product of $0.01 and the number of subscribers served by the carrier for each month or portion of a month that the delinquent report is not provided.

A penalty imposed in accordance with this subsection (g) for a portion of a month during which the carrier provides the number of subscribers by zip code as required under subsection (e) of this Section shall be prorated for each day of that month during which the carrier had not provided the number of subscribers by zip code as required under subsection (e) of this Section. Any penalty imposed under this subsection (g) is in addition to any other penalty imposed under this Section.

(h) A penalty imposed and collected in accordance with subsection (f) or (g) of this Section shall be deposited into the Statewide 9-1-1 Fund for distribution according to Section 30 of this Act.

(i) The Illinois State Police may enforce the collection of any delinquent amount and any penalty due and unpaid under this Section by legal action or in any other manner by which the collection of debts due the State of Illinois may be enforced under the laws of this State. The Illinois State Police may excuse the payment of any penalty imposed under this Section if the Administrator determines that the enforcement of this penalty is unjust.

(j) Notwithstanding any provision of law to the contrary, nothing shall impair the right of wireless carriers to recover unreimbursed compliance costs for all emergency communications services directly from their wireless subscribers by line-item charges on the wireless subscriber's bill. Those compliance costs include all costs incurred by wireless carriers in complying with local, State, and federal regulatory or legislative mandates that require the transmission and receipt of emergency communications to and from the general public, including, but not limited to, NG9-1-1 E9-1-1.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)

(50 ILCS 750/30)

(Section scheduled to be repealed on December 31, 2025)

Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.

(a) A special fund in the State treasury known as the Wireless Service Emergency Fund shall be renamed the Statewide 9-1-1 Fund. Any appropriations made from the Wireless Service Emergency Fund shall be payable from the Statewide 9-1-1 Fund. The Fund shall consist of the following:

(1) (Blank).

(2) 9-1-1 surcharges assessed under Section 20 of this Act.

(3) Prepaid wireless 9-1-1 surcharges assessed under Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.

(4) Any appropriations, grants, or gifts made to the Fund.

(5) Any income from interest, premiums, gains, or other earnings on moneys in the Fund.

(6) Money from any other source that is deposited in or transferred to the Fund.

(b) Subject to appropriation and availability of funds, the Illinois State Police shall distribute the 9-1-1 surcharges monthly as follows:

(1) From each surcharge collected and remitted under Section 20 of this Act:

(A) $0.013 shall be distributed monthly in equal amounts to each County Emergency Telephone System Board in counties with a population under 100,000 according to the most recent census data which is authorized to serve as a primary wireless 9-1-1 public safety answering point for the county and to provide wireless 9-1-1 service as prescribed by subsection (b) of Section 15.6a of this Act, and which does provide such service.

(B) (Blank).

(C) Until December 31, 2017, $0.007 and on and after January 1, 2018, $0.017 shall be used to cover the Illinois State Police's administrative costs.

(D) Beginning January 1, 2018, until June 30, 2020, $0.12, and on and after July 1, 2020, $0.04 shall be used to make monthly disbursements to the appropriate 9-1-1 Authority currently taking wireless 9-1-1 based upon the United States Postal Zip Code of the billing addresses of subscribers wireless carriers.

(E) Until June 30, 2025, $0.05 shall be used by the Illinois State Police for grants for NG9-1-1 expenses, with priority given to 9-1-1 Authorities that provide 9-1-1 service within the territory of a Large Electing Provider as defined in Section 13-406.1 of the Public Utilities Act.

(F) On and after July 1, 2020, $0.13 shall be used for the implementation of and continuing expenses for the Statewide NG9-1-1 system.

(1.5) Beginning on the effective date of this amendatory Act of the 103rd General Assembly, to assist with the implementation of the statewide Next Generation 9-1-1 network, the Illinois State Police's administrative costs include the one-time capital cost of upgrading the Illinois State Police's call-handling equipment to meet the standards necessary to access and increase interoperability with the statewide Next Generation 9-1-1 network.

(A) Upon completion of the Illinois State Police's call-handling equipment upgrades, but no later than June 30, 2024, surplus moneys in excess of $1,000,000 from subparagraph (C) of paragraph (1) not utilized by the Illinois State Police for administrative costs shall be distributed to the 9-1-1 Authorities in accordance with subparagraph (E) of paragraph (2) on an annual basis at the end of the State fiscal year. Any remaining surplus money may also be distributed consistent with this paragraph (1.5) at the discretion of the Illinois State Police.

(B) Upon implementation of the Statewide NG9-1-1 system, but no later than June 30, 2024, surplus moneys in excess of $5,000,000 from subparagraph (F) of paragraph (1) not utilized by the Illinois State Police for the implementation of and continuing expenses for the Statewide NG9-1-1 system shall be distributed to the 9-1-1 Authorities in accordance with subparagraph (E) of subsection (2) on an annual basis at the end of the State fiscal year. Any remaining surplus money may also be distributed consistent with this paragraph (1.5) at the discretion of the Illinois State Police.

(2) After disbursements under paragraph (1) of this subsection (b), all remaining funds in the Statewide 9-1-1 Fund shall be disbursed in the following priority order:

(A) The Fund shall pay monthly to:

(i) the 9-1-1 Authorities that imposed surcharges under Section 15.3 of this Act and were required to report to the Illinois Commerce Commission under Section 27 of the Wireless Emergency Telephone Safety Act on October 1, 2014, except a 9-1-1 Authority in a municipality with a population in excess of 500,000, an amount equal to the average monthly wireline and VoIP surcharge revenue attributable to the most recent 12-month period reported to the Illinois State Police under that Section for the October 1, 2014 filing, subject to the power of the Illinois State Police to investigate the amount reported and adjust the number by order under Article X of the Public Utilities Act, so that the monthly amount paid under this item accurately reflects one-twelfth of the aggregate wireline and VoIP surcharge revenue properly attributable to the most recent 12-month period reported to the Commission; or

(ii) county qualified governmental entities that did not impose a surcharge under Section 15.3 as of December 31, 2015, and counties that did not impose a surcharge as of June 30, 2015, an amount equivalent to their population multiplied by .37 multiplied by the rate of $0.69; counties that are not county qualified governmental entities and that did not impose a surcharge as of December 31, 2015, shall not begin to receive the payment provided for in this subsection until NG9-1-1 E9-1-1 and wireless NG9-1-1 E9-1-1 services are provided within their counties; or

(iii) counties without 9-1-1 service that had a surcharge in place by December 31, 2015, an amount equivalent to their population multiplied by .37 multiplied by their surcharge rate as established by the referendum.

(B) All 9-1-1 network costs for systems outside of municipalities with a population of at least 500,000 shall be paid by the Illinois State Police directly to the vendors.

(C) All expenses incurred by the Administrator and the Statewide 9-1-1 Advisory Board and costs associated with procurement under Section 15.6b including requests for information and requests for proposals.

(D) Funds may be held in reserve by the Statewide 9-1-1 Advisory Board and disbursed by the Illinois State Police for grants under Section 15.4b of this Act and for NG9-1-1 expenses up to $12.5 million per year in State fiscal years 2016 and 2017; up to $20 million in State fiscal year 2018; up to $20.9 million in State fiscal year 2019; up to $15.3 million in State fiscal year 2020; up to $16.2 million in State fiscal year 2021; up to $23.1 million in State fiscal year 2022; and up to $17.0 million per year for State fiscal year 2023 and each year thereafter. The amount held in reserve in State fiscal years 2021, 2022, and 2023 shall not be less than $6.5 million. Disbursements under this subparagraph (D) shall be prioritized as follows: (i) consolidation grants prioritized under subsection (a) of Section 15.4b of this Act; (ii) NG9-1-1 expenses; and (iii) consolidation grants under Section 15.4b of this Act for consolidation expenses incurred between January 1, 2010, and January 1, 2016.

(E) All remaining funds per remit month shall be used to make monthly disbursements to the appropriate 9-1-1 Authority currently taking wireless 9-1-1 based upon the United States Postal Zip Code of the billing addresses of subscribers of wireless carriers.

(c) The moneys deposited into the Statewide 9-1-1 Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(d) Whenever two or more 9-1-1 Authorities consolidate, the resulting Joint Emergency Telephone System Board shall be entitled to the monthly payments that had theretofore been made to each consolidating 9-1-1 Authority. Any reserves held by any consolidating 9-1-1 Authority shall be transferred to the resulting Joint Emergency Telephone System Board. Whenever a county that has no 9-1-1 service as of January 1, 2016 enters into an agreement to consolidate to create or join a Joint Emergency Telephone System Board, the Joint Emergency Telephone System Board shall be entitled to the monthly payments that would have otherwise been paid to the county if it had provided 9-1-1 service.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-366, eff. 1-1-24; 103-564, eff. 11-17-23.)

(50 ILCS 750/99)

(Section scheduled to be repealed on December 31, 2025)

Sec. 99. Repealer. This Act is repealed on December 31, 2028 2025.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 7-28-23.)

Section 999. Effective date. This Act takes effect January 1, 2026.