SB1922sam001 96TH GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 3/25/2009

09600SB1922sam001 LRB096 11138 MJR 24634 a

AMENDMENT TO SENATE BILL 1922

AMENDMENT NO. ______. Amend Senate Bill 1922 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the 2-1-1 Service Act.

Section 5. Findings. The General Assembly finds that the implementation of a single, easy to use telephone number, 2-1-1, for public access to information and referral for health and human services and information about access to services after a natural or non-natural disaster will benefit the citizens of this State by providing easier access to available health and human services, by reducing inefficiencies in connecting people with the desired service providers, and by reducing duplication of efforts.

Section 10. Definitions. As used in this Act:

"2-1-1" means the abbreviated dialing code assigned by the Federal Communications Commission on July 21, 2000, for consumer access to community information and referral services.

"Department" means the Department of Human Services.

"Lead entity" means an Illinois 501(c)(3) non-profit agency or organization designated by the Department to manage use of the 2-1-1 dialing code for the purpose of providing the public access to information about health and human services.

"Approved 2-1-1 service provider" means a public or nonprofit agency or other organization designated by the lead entity to provide 2-1-1 services.

"2-1-1 service area" means an area of Illinois identified by the lead entity as an area within which a recognized 2-1-1 service provider is authorized to provide 2-1-1 services.

"2-1-1 services" means information and referral services provided through the use of 2-1-1 and intended to promote and provide access to human services, and to aid in disaster response and recovery.

"Recognized 2-1-1 service provider" means an organization recognized by the lead entity as an appropriate administrator and authorized user of the 2-1-1 dialing code in a 2-1-1 service area.

"Human services" means services provided by government, nonprofit, or faith-based organizations to ensure the health and well-being of Illinois residents. "Human services" includes services designed to provide relief or assistance after a natural or non-natural disaster.

"Pay telephone" means any coin, coinless, or credit card reader telephone, provided that the end user pays or arranges to pay for exchange and interexchange, intraMSA, and interMSA calls from such instrument on an individual call basis.

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

"Telecommunications carrier" has the same meaning ascribed to that term in Section 13-202 of the Public Utilities Act, including those carriers acting as resellers of telecommunications services. For the purpose of 2-1-1 service, a telecommunications carrier may provide competitive or noncompetitive local exchange telecommunications services or any combination of the 2 as defined in Section 13-204 of the Public Utilities Act.

Section 15. 2-1-1 System. "2-1-1" is created as the official State dialing code for public access to information and referral for health and human services and information about access to services after a natural or non-natural disaster.

Section 20. Designation of lead entity for 2-1-1.

(a) Subject to subsection (e) of this Section, the Department is authorized to identify, designate, and enter into a contract with a lead entity to provide governance and oversight, including the ability to design, implement, support, and coordinate a State-wide 2-1-1 system.

(b) Qualifications for designation of the lead entity shall include:

(1) a public or private governance structure with representation from State health and human service departments, specifically the Department, the Department of Healthcare and Family Services, the Department on Aging, the Department of Public Health, the Illinois Emergency Management Agency, the Illinois Commerce Commission, and non-governmental entity stakeholders; non-governmental entity stakeholders shall constitute a minimum of two-thirds of the representatives;

(2) demonstrated expertise or experience, or both, in planning for a State-wide information and referral system; and

(3) demonstrated support from community partners.

(c) The lead entity shall encourage the orderly and efficient use of 2-1-1 to:

(1) provide access to human services; and

(2) collect needed information about human services and the delivery of human services in Illinois.

(d) The lead entity shall provide periodic reports on activities, accomplishments, and other issues to the Department.

(e) In awarding the contract under subsection (a) of this Section, the Department shall ensure that the 2-1-1 lead entity has the organizational capacity to carry out the terms of the contract and that the contract is cost-neutral to the Department.

Section 25. New information services. Before a State agency that provides health and human services establishes a new public information hotline to provide information and referrals, the State agency shall consult with the Department in conjunction with the lead entity about using the 2-1-1 system to provide public access to the information.

Section 30. 2-1-1 services. Only a service provider approved by the lead entity may provide 2-1-1 telephone services. The lead entity shall approve 2-1-1 service providers, after considering all of the following:

(1) the ability of the proposed 2-1-1 service provider to meet the national 2-1-1 standards recommended by the Alliance of Information and Referral Systems;

(2) the financial stability and health of the proposed 2-1-1 service provider;

(3) the community support for the proposed 2-1-1 service provider;

(4) the relationships with other information and referral services; and

(5) any other criteria as the lead entity deems appropriate.

Section 35. Promotion of 2-1-1. A person or organization may not disseminate information to the public about the availability of 2-1-1 or 2-1-1 services in an area of the State except in accordance with rules established by the lead entity.

Section 45. Liability of 2-1-1 providers. A recognized 2-1-1 service provider and its employees, directors, officers, and agents are not liable to any person in a civil action for injuries or loss to persons or property as a result of an act, omission, or delay of the recognized 2-1-1 service provider, or its employees, directors, officers, or agents, in connection with:

(1) developing, adopting, implementing, maintaining, or operating a 2-1-1 system;

(2) making 2-1-1 available for use by the public; or

(3) providing 2-1-1 services; except for injuries or loss resulting from the willful or wanton misconduct of the 2-1-1 service provider or its employees, directors, officers, or agents.

Section 50. 2-1-1 Account Fund. The 2-1-1 Account Fund is established in the State treasury and is separate and distinct from the General Revenue Fund. All moneys received by the Department for the 2-1-1 system under this Section shall be deposited into the Fund and may be spent only pursuant to appropriation to the Department for grants to the lead entity to use pursuant to Section 55 of this Act. The 2-1-1 Account Fund consists of the following:

(1) Money appropriated to the Fund by the General Assembly.

(2) Funds received from the federal government for the support of 2-1-1 services in this State.

(3) Earnings attributable to money in the Fund.

(4) Money received from any other source for deposit into the Fund, including gifts and grants.

Section 55. Use of moneys for projects and activities in support of 2-1-1-eligible activities.

(a) The lead entity shall study, design, implement, support, coordinate, and evaluate a State-wide 2-1-1 system.

(b) Activities eligible for assistance from the 2-1-1 Account Fund include, but are not limited to:

(1) Creating a structure for a State-wide 2-1-1 resources database that will meet the Alliance for Information and Referral Systems standards for information and referral systems databases and that will be integrated with local resources databases maintained by approved 2-1-1 service providers.

(2) Developing a State-wide resources database for the 2-1-1 system.

(3) Maintaining public information available from State agencies, departments, and programs that provide health and human services for access by 2-1-1 service providers.

(4) Providing grants to approved 2-1-1 service providers to design, develop, and implement 2-1-1 for its 2-1-1 service area.

(5) Providing grants to approved 2-1-1 service providers to enable 2-1-1 service providers to provide and evaluate 2-1-1 service delivery on an ongoing basis.

(6) Providing grants to approved 2-1-1 service providers to enable the provision of 2-1-1 services on a 24-hours per-day, 7-days per-week basis.

Section 60. Annual reports. The lead entity shall provide an annual report to the General Assembly and the Commission beginning in calendar year 2010.

Section 65. Compliance. All telecommunications carriers, regardless of the technology they use to provide voice communication, including, but not limited to, Internet protocol and cellular radio service technologies, pay telephone providers, and private branch exchange owners or operators shall program or provision their equipment and software to allow a calling party to dial and access 2-1-1 where it is being implemented in the State.

Section 900. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The 2-1-1 Account Fund.

Section 905. The Human Services 211 Collaboration Board Act is amended by adding Section 90 as follows:

(20 ILCS 3956/90 new)

Sec. 90. Repealer. This Act is repealed upon designation by the Secretary of Human Services that a lead entity is under contract with the Department of Human Services to carry out the provisions of the 2-1-1 Service Act. The Secretary shall designate that a lead entity is under contract with the Department of Human Services to carry out the provisions of the 2-1-1 Service Act by filing a statement with the Index Department of the Secretary of State.

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.".