Full Text of HB4990 96th General Assembly
HB4990ham003 96TH GENERAL ASSEMBLY
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Rep. Brandon W. Phelps
Filed: 3/16/2010
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| AMENDMENT TO HOUSE BILL 4990
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| AMENDMENT NO. ______. Amend House Bill 4990 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Emergency Telephone System Act is amended | 5 |
| by changing Sections 10, 11, and 15.4 and by adding Sections | 6 |
| 2.21, 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) |
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| Sec. 2.22. Regional Pilot Project to implement next | 2 |
| generation 9-1-1. "Regional Pilot Project" to implement next | 3 |
| generation 9-1-1 means an experimental program designed to test | 4 |
| the efficacy of next generation 9-1-1 (NG9-1-1) within a region | 5 |
| that includes not less than 15 counties and not more than 19 | 6 |
| counties with an aggregate population no greater than 500,000. | 7 |
| Any Regional Pilot Project must be approved by the Commission | 8 |
| and provide for an initial testing phase designed to | 9 |
| demonstrate the ability of the technology to provide access to | 10 |
| emergency services from new and existing sources with no | 11 |
| reduction in existing service quality, reliability, or safety. | 12 |
| (50 ILCS 750/2.23 new) | 13 |
| Sec. 2.23. Qualified governmental entity. "Qualified | 14 |
| governmental entity" means a unit of local government | 15 |
| authorized to provide 9-1-1 services pursuant to the Emergency | 16 |
| Telephone System Act where no emergency telephone system board | 17 |
| exists. | 18 |
| (50 ILCS 750/10) (from Ch. 134, par. 40) | 19 |
| Sec. 10. Technical and operational standards for the | 20 |
| development of the
local agency systems shall be established | 21 |
| and reviewed by the Commission on or before
December 31, 1979, | 22 |
| after consultation with all agencies specified in Section 9. | 23 |
| For the limited purpose of permitting a board, a qualified | 24 |
| governmental entity, a group of boards, or a group of |
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| governmental entities to participate in a Regional Pilot | 2 |
| Project to implement next generation 9-1-1, as defined in this | 3 |
| Act, the Commission may forbear from applying any rule adopted | 4 |
| under the Emergency Telephone Systems Act as it applies to | 5 |
| conducting of the Regional Pilot Project to implement next | 6 |
| generation 9-1-1, if the Commission determines, after notice | 7 |
| and hearing, that: | 8 |
| (1) enforcement of the rule is not necessary to ensure | 9 |
| the development and improvement of emergency communication | 10 |
| procedures and facilities in such a manner as to be able to | 11 |
| quickly respond to any person requesting 9-1-1 service from | 12 |
| police, fire, medical, rescue, and other emergency | 13 |
| services; | 14 |
| (2) enforcement of the rule or provision is not | 15 |
| necessary for the protection of consumers; and | 16 |
| (3) forbearance from applying the provisions or rules | 17 |
| is consistent with the public interest. | 18 |
| The Commission may exercise such forbearance with respect | 19 |
| to one, and only one, Regional Pilot Project to implement next | 20 |
| generation 9-1-1. | 21 |
| If the Commission authorizes a Regional Pilot Project, then | 22 |
| telecommunications carriers shall not be liable for any civil | 23 |
| damages as a result of any act or omission, except willful or | 24 |
| wanton misconduct, in connection with developing, adopting, | 25 |
| operating, or implementing any plan or system required by this | 26 |
| Section and Section 11 of this Act. |
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| (Source: P.A. 79-1092.) | 2 |
| (50 ILCS 750/11) (from Ch. 134, par. 41) | 3 |
| Sec. 11. Within one year after the implementation date or | 4 |
| by January 31,
1980, whichever is later, all public agencies in | 5 |
| a county having 100,000
or more inhabitants shall
submit | 6 |
| tentative plans of the establishment of a system required by | 7 |
| this
Act to the public utility or utilities providing public | 8 |
| telephone
service within the respective jurisdiction of each | 9 |
| public agency. A
copy of each such plan shall be filed with the | 10 |
| Commission. | 11 |
| Within 2 years after the implementation date or by
January | 12 |
| 31, 1982, whichever is later, all public agencies in a county | 13 |
| having
100,000 or more inhabitants shall submit final
plans for | 14 |
| the establishment of the system to such utilities, and shall
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| make arrangements with such utilities for the implementation of | 16 |
| the
planned emergency telephone system no later than 3 years | 17 |
| after the implementation
date or by December 31, 1985, | 18 |
| whichever is later. A
copy of the plan required by this | 19 |
| subdivision shall be filed with the
Commission. In order to | 20 |
| secure compliance with the standards promulgated
under Section | 21 |
| 10, the Commission shall have the power to approve or
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| disapprove such plan, unless such plan was announced before the
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| effective date of this Act. | 24 |
| If any public agency has implemented or is a part of a | 25 |
| system
required by this Act on a deadline specified in this |
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| Section, such
public agency shall submit in lieu of the | 2 |
| tentative or final plan a
report describing the system and | 3 |
| stating its operational date. | 4 |
| A board, a qualified governmental entity, a group of | 5 |
| boards, or a group of qualified governmental entities involved | 6 |
| in a Regional Pilot Project to implement next generation 9-1-1, | 7 |
| as defined in this Act, shall submit a plan to the Commission | 8 |
| describing in detail the Regional Pilot Project no fewer than | 9 |
| 180 days prior to the implementation of the plan. The | 10 |
| Commission may approve the plan after notice and hearing to | 11 |
| authorize such Regional Pilot Project. Such shall not exceed | 12 |
| one year duration or other time period approved by the | 13 |
| Commission. No entity may proceed with the Regional Pilot | 14 |
| Project until it receives Commission approval. In approving any | 15 |
| plan for a Regional Pilot Project under this Section, the | 16 |
| Commission may impose such terms, conditions, or requirements | 17 |
| as, in its judgment, are necessary to protect the interests of | 18 |
| the public. | 19 |
| The Commission shall have authority to approve one, and | 20 |
| only one, Regional Pilot Project to implement next generation | 21 |
| 9-1-1. | 22 |
| Plans filed under this Section shall conform to minimum | 23 |
| standards
established pursuant to Section 10. | 24 |
| (Source: P.A. 81-1122.) | 25 |
| (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) |
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| Sec. 15.4. Emergency Telephone System Board; powers. | 2 |
| (a) The corporate authorities of any county or municipality
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| that imposes a surcharge under Section 15.3 shall establish an | 4 |
| Emergency
Telephone System Board. The corporate authorities | 5 |
| shall provide for the
manner of appointment and the number of | 6 |
| members of the Board, provided that
the board shall consist of | 7 |
| not fewer than 5 members, one of whom
must be a
public member | 8 |
| who is a resident of the local exchange service territory
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| included in the 9-1-1 coverage area, one of whom (in counties | 10 |
| with a
population less than 100,000) must be a member of the | 11 |
| county
board, and
at least 3 of whom shall be representative of | 12 |
| the 9-1-1 public safety agencies,
including but not limited to | 13 |
| police departments, fire departments, emergency
medical | 14 |
| services providers, and emergency services and disaster | 15 |
| agencies, and
appointed on the basis of their ability or | 16 |
| experience. In counties with a population of more than 100,000 | 17 |
| but less than 2,000,000, a member of the county board may serve | 18 |
| on the Emergency Telephone System Board. Elected officials, | 19 |
| including members of a county board, are
also eligible to serve | 20 |
| on the board. Members of the board shall serve without
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| compensation but shall be reimbursed for their actual and | 22 |
| necessary
expenses. Any 2 or more municipalities, counties, or | 23 |
| combination thereof,
that impose a surcharge under Section 15.3 | 24 |
| may, instead of establishing
individual boards, establish by | 25 |
| intergovernmental agreement a Joint
Emergency Telephone System | 26 |
| Board pursuant to this Section. The manner of
appointment of |
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| such a joint board shall be prescribed in the agreement. | 2 |
| (b) The powers and duties of the board shall be defined by | 3 |
| ordinance
of the municipality or county, or by | 4 |
| intergovernmental agreement in the
case of a joint board. The | 5 |
| powers and duties shall include, but need not
be limited to the | 6 |
| following: | 7 |
| (1) Planning a 9-1-1 system. | 8 |
| (2) Coordinating and supervising the implementation, | 9 |
| upgrading, or
maintenance of the system, including the | 10 |
| establishment of equipment
specifications and coding | 11 |
| systems. | 12 |
| (3) Receiving moneys
from the surcharge imposed under | 13 |
| Section 15.3, and
from any other source, for deposit into | 14 |
| the Emergency Telephone System Fund. | 15 |
| (4) Authorizing all disbursements from the fund. | 16 |
| (5) Hiring any staff necessary for the implementation | 17 |
| or upgrade of the
system. | 18 |
| (6) Participating in a Regional Pilot Project to | 19 |
| implement next generation 9-1-1, as defined in this Act, | 20 |
| subject to the conditions set forth in this Act. | 21 |
| (c) All moneys
received by a board pursuant to a surcharge | 22 |
| imposed under
Section 15.3 shall be deposited into a separate | 23 |
| interest-bearing
Emergency Telephone System Fund account. The | 24 |
| treasurer of the municipality or
county that has established | 25 |
| the board or, in the case of a joint board, any
municipal or | 26 |
| county treasurer designated in the intergovernmental |
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| agreement,
shall be custodian of the fund. All interest | 2 |
| accruing on the fund shall remain
in the fund. No expenditures | 3 |
| may be made from such fund except upon the
direction of the | 4 |
| board by resolution passed by a majority of all members of the
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| board. Expenditures may be made only to pay for the costs | 6 |
| associated with the
following: | 7 |
| (1) The design of the Emergency Telephone System. | 8 |
| (2) The coding of an initial Master Street Address | 9 |
| Guide data base, and
update and maintenance thereof. | 10 |
| (3) The repayment of any moneys
advanced for the | 11 |
| implementation of
the system. | 12 |
| (4) The charges for Automatic Number Identification | 13 |
| and Automatic
Location Identification equipment,
a | 14 |
| computer aided dispatch system that records, maintains, | 15 |
| and integrates
information,
mobile data transmitters | 16 |
| equipped with
automatic vehicle locators, and maintenance, | 17 |
| replacement and
update thereof
to increase operational | 18 |
| efficiency and improve the provision of emergency
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| services. | 20 |
| (5) The non-recurring charges related to installation | 21 |
| of the Emergency
Telephone System and the ongoing network | 22 |
| charges. | 23 |
| (6) The acquisition and installation, or the | 24 |
| reimbursement of costs
therefor to other governmental | 25 |
| bodies that have incurred those costs, of road
or street | 26 |
| signs that are essential to the implementation of the |
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| emergency
telephone system and that are not duplicative of | 2 |
| signs that are the
responsibility of the jurisdiction | 3 |
| charged with maintaining road and street
signs. | 4 |
| (7) Other products and services necessary for the | 5 |
| implementation,
upgrade, and maintenance of the system and | 6 |
| any other purpose related to the
operation of
the system, | 7 |
| including costs attributable directly to the construction, | 8 |
| leasing,
or maintenance of any buildings or facilities or | 9 |
| costs of personnel
attributable directly to the operation | 10 |
| of the system. Costs attributable
directly to the operation | 11 |
| of an emergency telephone system do not include the
costs | 12 |
| of public safety agency personnel who are and equipment | 13 |
| that is
dispatched in response to an emergency call. | 14 |
| (8) In the case of a municipality that imposes a | 15 |
| surcharge under subsection (h) of Section 15.3, moneys may | 16 |
| also be used for any anti-terrorism or emergency | 17 |
| preparedness measures, including, but not limited to, | 18 |
| preparedness planning, providing local matching funds for | 19 |
| federal or State grants, personnel training, and | 20 |
| specialized equipment, including surveillance cameras as | 21 |
| needed to deal with natural and terrorist-inspired | 22 |
| emergency situations or events.
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| (9) The defraying of expenses incurred in | 24 |
| participation in a Regional Pilot Project to implement next | 25 |
| generation 9-1-1, subject to the conditions set forth in | 26 |
| this Act. |
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| Moneys in the fund may also be transferred to a | 2 |
| participating fire protection district to reimburse volunteer | 3 |
| firefighters who man remote telephone switching facilities | 4 |
| when dedicated 9-1-1 lines are down.
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| (d) The board shall complete the data base before | 6 |
| implementation of the
9-1-1 system. The error ratio of the data | 7 |
| base shall not at any time
exceed 1% of the total data base. | 8 |
| (Source: P.A. 95-698, eff. 1-1-08; 95-806, eff. 1-1-09; | 9 |
| 95-1012, eff. 12-15-08; revised 1-18-10.) | 10 |
| Section 7. The Wireless Emergency Telephone Safety Act is | 11 |
| amended by changing Section 25 as follows: | 12 |
| (50 ILCS 751/25) | 13 |
| (Section scheduled to be repealed on April 1, 2013) | 14 |
| Sec. 25. Wireless Service Emergency Fund; distribution of | 15 |
| moneys.
Within 60 days after the effective date of this Act, | 16 |
| wireless carriers
shall submit to the Illinois Commerce | 17 |
| Commission the number of
wireless subscribers by zip code and | 18 |
| the 9-digit zip code of the wireless
subscribers, if currently | 19 |
| being used or later implemented by the carrier. | 20 |
| The Illinois Commerce Commission shall, subject to
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| appropriation, make monthly proportional grants to the | 22 |
| appropriate emergency
telephone system board or qualified | 23 |
| governmental entity based upon the United
States Postal Zip | 24 |
| Code of the wireless subscriber's billing address. No
matching |
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| funds shall be required from grant recipients. | 2 |
| If the Illinois Commerce Commission is notified of an area
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| of overlapping jurisdiction, grants for that area shall be made | 4 |
| based upon
reference to an official Master Street Address Guide | 5 |
| to the emergency
telephone system board or qualified | 6 |
| governmental entity whose public
service answering points | 7 |
| provide wireless 9-1-1 service in that area.
The emergency | 8 |
| telephone system board or qualified governmental entity shall
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| provide the Illinois Commerce Commission with a valid copy of | 10 |
| the
appropriate Master Street Address Guide. The Illinois | 11 |
| Commerce Commission does not have a duty to verify | 12 |
| jurisdictional responsibility. | 13 |
| In the event of a subscriber billing address being matched | 14 |
| to an incorrect
jurisdiction by the Illinois Commerce | 15 |
| Commission, the recipient,
upon notification from the Illinois | 16 |
| Commerce Commission, shall
redirect the funds to the correct | 17 |
| jurisdiction. The Illinois Commerce Commission
shall not be | 18 |
| held liable for any damages relating to an
act or omission | 19 |
| under this Act, unless the act or omission constitutes gross
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| negligence, recklessness, or intentional misconduct. | 21 |
| In the event of a dispute between emergency telephone | 22 |
| system boards or
qualified governmental entities concerning a | 23 |
| subscriber billing address, the
Illinois Commerce Commission | 24 |
| shall resolve the dispute. | 25 |
| The Illinois Commerce Commission shall maintain detailed | 26 |
| records
of all receipts and disbursements and shall provide an |
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| annual accounting of all
receipts and disbursements to the | 2 |
| Auditor General. | 3 |
| The Illinois Commerce Commission shall adopt rules to | 4 |
| govern the
grant process. | 5 |
| The Illinois Commerce Commission must conduct a study to | 6 |
| determine the future technological and financial needs of the | 7 |
| wireless 9-1-1 systems The Illinois Commerce Commission may | 8 |
| also use moneys in the Wireless Service Emergency Fund for the | 9 |
| purpose of conducting a study to determine the future | 10 |
| technological and financial needs of the wireless 9-1-1 | 11 |
| systems . The A study shall include input from the | 12 |
| telecommunications industry, the Illinois National Emergency | 13 |
| Number Association, and the public safety community.
The | 14 |
| Illinois Commerce Commission may use moneys in the Wireless | 15 |
| Service Emergency Fund for the purpose of conducting the study. | 16 |
| The Illinois Commerce Commission must report its findings and | 17 |
| recommendations to the General Assembly within one year after | 18 |
| the effective date of this amendatory Act of the 96th General | 19 |
| Assembly. | 20 |
| (Source: P.A. 95-698, eff. 1-1-08.) | 21 |
| Section 10. The Public Utilities Act is amended by adding | 22 |
| Section 13-900.1 as follows: | 23 |
| (220 ILCS 5/13-900.1 new) | 24 |
| Sec. 13-900.1. Regulatory flexibility for 9-1-1 system |
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| providers. | 2 |
| (a) For purposes of this Section, "Regional Pilot Project" | 3 |
| to implement next generation 9-1-1 has the same meaning as that | 4 |
| term is defined in Section 2.22 of the Emergency Telephone | 5 |
| System Act. | 6 |
| (b)
For the limited purpose of a Regional Pilot Project to | 7 |
| implement next generation 9-1-1, as defined in Section 13-900 | 8 |
| of this Article, the Commission may forbear from applying any | 9 |
| rule or provision of Section 13-900 as it applies to | 10 |
| implementation of the Regional Pilot Project to implement next | 11 |
| generation 9-1-1 if the Commission determines, after notice and | 12 |
| hearing, that:
(1) enforcement of the rule is not necessary to | 13 |
| ensure the development and improvement of emergency | 14 |
| communication procedures and facilities in such a manner as to | 15 |
| be able to quickly respond to any person requesting 9-1-1 | 16 |
| services from police, fire, medical, rescue, and other | 17 |
| emergency services;
(2) enforcement of the rule or provision is | 18 |
| not necessary for the protection of consumers; and
(3) | 19 |
| forbearance from applying such provisions or rules is | 20 |
| consistent with the public interest.
The Commission may | 21 |
| exercise such forbearance with respect to one, and only one, | 22 |
| Regional Pilot Project as authorized by Sections 10 and 11 of | 23 |
| the Emergency Telephone Systems Act to implement next | 24 |
| generation 9-1-1.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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