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1 | AN ACT concerning utilities.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Emergency Telephone System Act is amended by | ||||||
5 | changing Sections 10, 11, and 15.4 and by adding Sections 2.21, | ||||||
6 | 2.22, and 2.23 as follows: | ||||||
7 | (50 ILCS 750/2.21 new) | ||||||
8 | Sec. 2.21. Next generation 9-1-1 (NG9-1-1). "Next | ||||||
9 | generation 9-1-1" or "(NG9-1-1)" means a system comprised of | ||||||
10 | managed Internet Protocol-based networks and elements that | ||||||
11 | augment or replace present day 9-1-1 features and functions and | ||||||
12 | add new capabilities, which may enable the public to transmit | ||||||
13 | text, images, video, or data, or a combination thereof, to the | ||||||
14 | 9-1-1 system. | ||||||
15 | (50 ILCS 750/2.22 new) | ||||||
16 | Sec. 2.22. Regional Pilot Project to implement next | ||||||
17 | generation 9-1-1. "Regional Pilot Project" to implement next | ||||||
18 | generation 9-1-1 means an experimental program designed to test | ||||||
19 | the efficacy of next generation 9-1-1 (NG9-1-1) within a region | ||||||
20 | that includes not less than 15 counties and not more than 19 | ||||||
21 | counties with an aggregate population no greater than 500,000. | ||||||
22 | Any Regional Pilot Project must be approved by the Commission |
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1 | and provide for an initial testing phase designed to | ||||||
2 | demonstrate the ability of the technology to provide access to | ||||||
3 | emergency services from new and existing sources with no | ||||||
4 | reduction in existing service quality, reliability, or safety. | ||||||
5 | (50 ILCS 750/2.23 new) | ||||||
6 | Sec. 2.23. Qualified governmental entity. "Qualified | ||||||
7 | governmental entity" means a unit of local government | ||||||
8 | authorized to provide 9-1-1 services pursuant to the Emergency | ||||||
9 | Telephone System Act where no emergency telephone system board | ||||||
10 | exists. | ||||||
11 | (50 ILCS 750/10) (from Ch. 134, par. 40) | ||||||
12 | Sec. 10. Technical and operational standards for the | ||||||
13 | development of the
local agency systems shall be established | ||||||
14 | and reviewed by the Commission on or before
December 31, 1979, | ||||||
15 | after consultation with all agencies specified in Section 9. | ||||||
16 | For the limited purpose of permitting a board, a qualified | ||||||
17 | governmental entity, a group of boards, or a group of | ||||||
18 | governmental entities to participate in a Regional Pilot | ||||||
19 | Project to implement next generation 9-1-1, as defined in this | ||||||
20 | Act, the Commission may forbear from applying any rule adopted | ||||||
21 | under the Emergency Telephone Systems Act as it applies to | ||||||
22 | conducting of the Regional Pilot Project to implement next | ||||||
23 | generation 9-1-1, if the Commission determines, after notice | ||||||
24 | and hearing, that: |
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1 | (1) enforcement of the rule is not necessary to ensure | ||||||
2 | the development and improvement of emergency communication | ||||||
3 | procedures and facilities in such a manner as to be able to | ||||||
4 | quickly respond to any person requesting 9-1-1 service from | ||||||
5 | police, fire, medical, rescue, and other emergency | ||||||
6 | services; | ||||||
7 | (2) enforcement of the rule or provision is not | ||||||
8 | necessary for the protection of consumers; and | ||||||
9 | (3) forbearance from applying the provisions or rules | ||||||
10 | is consistent with the public interest. | ||||||
11 | The Commission may exercise such forbearance with respect | ||||||
12 | to one, and only one, Regional Pilot Project to implement next | ||||||
13 | generation 9-1-1. | ||||||
14 | If the Commission authorizes a Regional Pilot Project, then | ||||||
15 | telecommunications carriers shall not be liable for any civil | ||||||
16 | damages as a result of any act or omission, except willful or | ||||||
17 | wanton misconduct, in connection with developing, adopting, | ||||||
18 | operating, or implementing any plan or system required by this | ||||||
19 | Section and Section 11 of this Act. | ||||||
20 | (Source: P.A. 79-1092.) | ||||||
21 | (50 ILCS 750/11) (from Ch. 134, par. 41) | ||||||
22 | Sec. 11. Within one year after the implementation date or | ||||||
23 | by January 31,
1980, whichever is later, all public agencies in | ||||||
24 | a county having 100,000
or more inhabitants shall
submit | ||||||
25 | tentative plans of the establishment of a system required by |
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1 | this
Act to the public utility or utilities providing public | ||||||
2 | telephone
service within the respective jurisdiction of each | ||||||
3 | public agency. A
copy of each such plan shall be filed with the | ||||||
4 | Commission. | ||||||
5 | Within 2 years after the implementation date or by
January | ||||||
6 | 31, 1982, whichever is later, all public agencies in a county | ||||||
7 | having
100,000 or more inhabitants shall submit final
plans for | ||||||
8 | the establishment of the system to such utilities, and shall
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9 | make arrangements with such utilities for the implementation of | ||||||
10 | the
planned emergency telephone system no later than 3 years | ||||||
11 | after the implementation
date or by December 31, 1985, | ||||||
12 | whichever is later. A
copy of the plan required by this | ||||||
13 | subdivision shall be filed with the
Commission. In order to | ||||||
14 | secure compliance with the standards promulgated
under Section | ||||||
15 | 10, the Commission shall have the power to approve or
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16 | disapprove such plan, unless such plan was announced before the
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17 | effective date of this Act. | ||||||
18 | If any public agency has implemented or is a part of a | ||||||
19 | system
required by this Act on a deadline specified in this | ||||||
20 | Section, such
public agency shall submit in lieu of the | ||||||
21 | tentative or final plan a
report describing the system and | ||||||
22 | stating its operational date. | ||||||
23 | A board, a qualified governmental entity, a group of | ||||||
24 | boards, or a group of qualified governmental entities involved | ||||||
25 | in a Regional Pilot Project to implement next generation 9-1-1, | ||||||
26 | as defined in this Act, shall submit a plan to the Commission |
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1 | describing in detail the Regional Pilot Project no fewer than | ||||||
2 | 180 days prior to the implementation of the plan. The | ||||||
3 | Commission may approve the plan after notice and hearing to | ||||||
4 | authorize such Regional Pilot Project. Such shall not exceed | ||||||
5 | one year duration or other time period approved by the | ||||||
6 | Commission. No entity may proceed with the Regional Pilot | ||||||
7 | Project until it receives Commission approval. In approving any | ||||||
8 | plan for a Regional Pilot Project under this Section, the | ||||||
9 | Commission may impose such terms, conditions, or requirements | ||||||
10 | as, in its judgment, are necessary to protect the interests of | ||||||
11 | the public. | ||||||
12 | The Commission shall have authority to approve one, and | ||||||
13 | only one, Regional Pilot Project to implement next generation | ||||||
14 | 9-1-1. | ||||||
15 | Plans filed under this Section shall conform to minimum | ||||||
16 | standards
established pursuant to Section 10. | ||||||
17 | (Source: P.A. 81-1122.) | ||||||
18 | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | ||||||
19 | Sec. 15.4. Emergency Telephone System Board; powers. | ||||||
20 | (a) The corporate authorities of any county or municipality
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21 | that imposes a surcharge under Section 15.3 shall establish an | ||||||
22 | Emergency
Telephone System Board. The corporate authorities | ||||||
23 | shall provide for the
manner of appointment and the number of | ||||||
24 | members of the Board, provided that
the board shall consist of | ||||||
25 | not fewer than 5 members, one of whom
must be a
public member |
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1 | who is a resident of the local exchange service territory
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2 | included in the 9-1-1 coverage area, one of whom (in counties | ||||||
3 | with a
population less than 100,000) must be a member of the | ||||||
4 | county
board, and
at least 3 of whom shall be representative of | ||||||
5 | the 9-1-1 public safety agencies,
including but not limited to | ||||||
6 | police departments, fire departments, emergency
medical | ||||||
7 | services providers, and emergency services and disaster | ||||||
8 | agencies, and
appointed on the basis of their ability or | ||||||
9 | experience. In counties with a population of more than 100,000 | ||||||
10 | but less than 2,000,000, a member of the county board may serve | ||||||
11 | on the Emergency Telephone System Board. Elected officials, | ||||||
12 | including members of a county board, are
also eligible to serve | ||||||
13 | on the board. Members of the board shall serve without
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14 | compensation but shall be reimbursed for their actual and | ||||||
15 | necessary
expenses. Any 2 or more municipalities, counties, or | ||||||
16 | combination thereof,
that impose a surcharge under Section 15.3 | ||||||
17 | may, instead of establishing
individual boards, establish by | ||||||
18 | intergovernmental agreement a Joint
Emergency Telephone System | ||||||
19 | Board pursuant to this Section. The manner of
appointment of | ||||||
20 | such a joint board shall be prescribed in the agreement. | ||||||
21 | (b) The powers and duties of the board shall be defined by | ||||||
22 | ordinance
of the municipality or county, or by | ||||||
23 | intergovernmental agreement in the
case of a joint board. The | ||||||
24 | powers and duties shall include, but need not
be limited to the | ||||||
25 | following: | ||||||
26 | (1) Planning a 9-1-1 system. |
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1 | (2) Coordinating and supervising the implementation, | ||||||
2 | upgrading, or
maintenance of the system, including the | ||||||
3 | establishment of equipment
specifications and coding | ||||||
4 | systems. | ||||||
5 | (3) Receiving moneys
from the surcharge imposed under | ||||||
6 | Section 15.3, and
from any other source, for deposit into | ||||||
7 | the Emergency Telephone System Fund. | ||||||
8 | (4) Authorizing all disbursements from the fund. | ||||||
9 | (5) Hiring any staff necessary for the implementation | ||||||
10 | or upgrade of the
system. | ||||||
11 | (6) Participating in a Regional Pilot Project to | ||||||
12 | implement next generation 9-1-1, as defined in this Act, | ||||||
13 | subject to the conditions set forth in this Act. | ||||||
14 | (c) All moneys
received by a board pursuant to a surcharge | ||||||
15 | imposed under
Section 15.3 shall be deposited into a separate | ||||||
16 | interest-bearing
Emergency Telephone System Fund account. The | ||||||
17 | treasurer of the municipality or
county that has established | ||||||
18 | the board or, in the case of a joint board, any
municipal or | ||||||
19 | county treasurer designated in the intergovernmental | ||||||
20 | agreement,
shall be custodian of the fund. All interest | ||||||
21 | accruing on the fund shall remain
in the fund. No expenditures | ||||||
22 | may be made from such fund except upon the
direction of the | ||||||
23 | board by resolution passed by a majority of all members of the
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24 | board. Expenditures may be made only to pay for the costs | ||||||
25 | associated with the
following: | ||||||
26 | (1) The design of the Emergency Telephone System. |
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1 | (2) The coding of an initial Master Street Address | ||||||
2 | Guide data base, and
update and maintenance thereof. | ||||||
3 | (3) The repayment of any moneys
advanced for the | ||||||
4 | implementation of
the system. | ||||||
5 | (4) The charges for Automatic Number Identification | ||||||
6 | and Automatic
Location Identification equipment,
a | ||||||
7 | computer aided dispatch system that records, maintains, | ||||||
8 | and integrates
information,
mobile data transmitters | ||||||
9 | equipped with
automatic vehicle locators, and maintenance, | ||||||
10 | replacement and
update thereof
to increase operational | ||||||
11 | efficiency and improve the provision of emergency
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12 | services. | ||||||
13 | (5) The non-recurring charges related to installation | ||||||
14 | of the Emergency
Telephone System and the ongoing network | ||||||
15 | charges. | ||||||
16 | (6) The acquisition and installation, or the | ||||||
17 | reimbursement of costs
therefor to other governmental | ||||||
18 | bodies that have incurred those costs, of road
or street | ||||||
19 | signs that are essential to the implementation of the | ||||||
20 | emergency
telephone system and that are not duplicative of | ||||||
21 | signs that are the
responsibility of the jurisdiction | ||||||
22 | charged with maintaining road and street
signs. | ||||||
23 | (7) Other products and services necessary for the | ||||||
24 | implementation,
upgrade, and maintenance of the system and | ||||||
25 | any other purpose related to the
operation of
the system, | ||||||
26 | including costs attributable directly to the construction, |
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1 | leasing,
or maintenance of any buildings or facilities or | ||||||
2 | costs of personnel
attributable directly to the operation | ||||||
3 | of the system. Costs attributable
directly to the operation | ||||||
4 | of an emergency telephone system do not include the
costs | ||||||
5 | of public safety agency personnel who are and equipment | ||||||
6 | that is
dispatched in response to an emergency call. | ||||||
7 | (8) In the case of a municipality that imposes a | ||||||
8 | surcharge under subsection (h) of Section 15.3, moneys may | ||||||
9 | also be used for any anti-terrorism or emergency | ||||||
10 | preparedness measures, including, but not limited to, | ||||||
11 | preparedness planning, providing local matching funds for | ||||||
12 | federal or State grants, personnel training, and | ||||||
13 | specialized equipment, including surveillance cameras as | ||||||
14 | needed to deal with natural and terrorist-inspired | ||||||
15 | emergency situations or events.
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16 | (9) The defraying of expenses incurred in | ||||||
17 | participation in a Regional Pilot Project to implement next | ||||||
18 | generation 9-1-1, subject to the conditions set forth in | ||||||
19 | this Act. | ||||||
20 | Moneys in the fund may also be transferred to a | ||||||
21 | participating fire protection district to reimburse volunteer | ||||||
22 | firefighters who man remote telephone switching facilities | ||||||
23 | when dedicated 9-1-1 lines are down.
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24 | (d) The board shall complete the data base before | ||||||
25 | implementation of the
9-1-1 system. The error ratio of the data | ||||||
26 | base shall not at any time
exceed 1% of the total data base. |
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1 | (Source: P.A. 95-698, eff. 1-1-08; 95-806, eff. 1-1-09; | ||||||
2 | 95-1012, eff. 12-15-08; revised 1-18-10.) | ||||||
3 | Section 7. The Wireless Emergency Telephone Safety Act is | ||||||
4 | amended by changing Section 25 as follows: | ||||||
5 | (50 ILCS 751/25) | ||||||
6 | (Section scheduled to be repealed on April 1, 2013) | ||||||
7 | Sec. 25. Wireless Service Emergency Fund; distribution of | ||||||
8 | moneys.
Within 60 days after the effective date of this Act, | ||||||
9 | wireless carriers
shall submit to the Illinois Commerce | ||||||
10 | Commission the number of
wireless subscribers by zip code and | ||||||
11 | the 9-digit zip code of the wireless
subscribers, if currently | ||||||
12 | being used or later implemented by the carrier. | ||||||
13 | The Illinois Commerce Commission shall, subject to
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14 | appropriation, make monthly proportional grants to the | ||||||
15 | appropriate emergency
telephone system board or qualified | ||||||
16 | governmental entity based upon the United
States Postal Zip | ||||||
17 | Code of the wireless subscriber's billing address. No
matching | ||||||
18 | funds shall be required from grant recipients. | ||||||
19 | If the Illinois Commerce Commission is notified of an area
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20 | of overlapping jurisdiction, grants for that area shall be made | ||||||
21 | based upon
reference to an official Master Street Address Guide | ||||||
22 | to the emergency
telephone system board or qualified | ||||||
23 | governmental entity whose public
service answering points | ||||||
24 | provide wireless 9-1-1 service in that area.
The emergency |
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1 | telephone system board or qualified governmental entity shall
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2 | provide the Illinois Commerce Commission with a valid copy of | ||||||
3 | the
appropriate Master Street Address Guide. The Illinois | ||||||
4 | Commerce Commission does not have a duty to verify | ||||||
5 | jurisdictional responsibility. | ||||||
6 | In the event of a subscriber billing address being matched | ||||||
7 | to an incorrect
jurisdiction by the Illinois Commerce | ||||||
8 | Commission, the recipient,
upon notification from the Illinois | ||||||
9 | Commerce Commission, shall
redirect the funds to the correct | ||||||
10 | jurisdiction. The Illinois Commerce Commission
shall not be | ||||||
11 | held liable for any damages relating to an
act or omission | ||||||
12 | under this Act, unless the act or omission constitutes gross
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13 | negligence, recklessness, or intentional misconduct. | ||||||
14 | In the event of a dispute between emergency telephone | ||||||
15 | system boards or
qualified governmental entities concerning a | ||||||
16 | subscriber billing address, the
Illinois Commerce Commission | ||||||
17 | shall resolve the dispute. | ||||||
18 | The Illinois Commerce Commission shall maintain detailed | ||||||
19 | records
of all receipts and disbursements and shall provide an | ||||||
20 | annual accounting of all
receipts and disbursements to the | ||||||
21 | Auditor General. | ||||||
22 | The Illinois Commerce Commission shall adopt rules to | ||||||
23 | govern the
grant process. | ||||||
24 | The Illinois Commerce Commission must conduct a study to | ||||||
25 | determine the future technological and financial needs of the | ||||||
26 | wireless 9-1-1 systems The Illinois Commerce Commission may |
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1 | also use moneys in the Wireless Service Emergency Fund for the | ||||||
2 | purpose of conducting a study to determine the future | ||||||
3 | technological and financial needs of the wireless 9-1-1 | ||||||
4 | systems . The A study shall include input from the | ||||||
5 | telecommunications industry, the Illinois National Emergency | ||||||
6 | Number Association, and the public safety community.
The | ||||||
7 | Illinois Commerce Commission may use moneys in the Wireless | ||||||
8 | Service Emergency Fund for the purpose of conducting the study. | ||||||
9 | The Illinois Commerce Commission must report its findings and | ||||||
10 | recommendations to the General Assembly within one year after | ||||||
11 | the effective date of this amendatory Act of the 96th General | ||||||
12 | Assembly. | ||||||
13 | (Source: P.A. 95-698, eff. 1-1-08.) | ||||||
14 | Section 10. The Public Utilities Act is amended by adding | ||||||
15 | Section 13-900.1 as follows: | ||||||
16 | (220 ILCS 5/13-900.1 new) | ||||||
17 | Sec. 13-900.1. Regulatory flexibility for 9-1-1 system | ||||||
18 | providers. | ||||||
19 | (a) For purposes of this Section, "Regional Pilot Project" | ||||||
20 | to implement next generation 9-1-1 has the same meaning as that | ||||||
21 | term is defined in Section 2.22 of the Emergency Telephone | ||||||
22 | System Act. | ||||||
23 | (b)
For the limited purpose of a Regional Pilot Project to | ||||||
24 | implement next generation 9-1-1, as defined in Section 13-900 |
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1 | of this Article, the Commission may forbear from applying any | ||||||
2 | rule or provision of Section 13-900 as it applies to | ||||||
3 | implementation of the Regional Pilot Project to implement next | ||||||
4 | generation 9-1-1 if the Commission determines, after notice and | ||||||
5 | hearing, that:
(1) enforcement of the rule is not necessary to | ||||||
6 | ensure the development and improvement of emergency | ||||||
7 | communication procedures and facilities in such a manner as to | ||||||
8 | be able to quickly respond to any person requesting 9-1-1 | ||||||
9 | services from police, fire, medical, rescue, and other | ||||||
10 | emergency services;
(2) enforcement of the rule or provision is | ||||||
11 | not necessary for the protection of consumers; and
(3) | ||||||
12 | forbearance from applying such provisions or rules is | ||||||
13 | consistent with the public interest.
The Commission may | ||||||
14 | exercise such forbearance with respect to one, and only one, | ||||||
15 | Regional Pilot Project as authorized by Sections 10 and 11 of | ||||||
16 | the Emergency Telephone Systems Act to implement next | ||||||
17 | generation 9-1-1.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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