Illinois General Assembly - Full Text of HB5502
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Full Text of HB5502  102nd General Assembly

HB5502 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5502

 

Introduced 1/31/2022, by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 750/2  from Ch. 134, par. 32
50 ILCS 750/15.5
50 ILCS 750/15.5a new
50 ILCS 750/15.6c new
50 ILCS 750/15.8a new
50 ILCS 750/20
50 ILCS 750/15.6 rep.
50 ILCS 750/15.8 rep.

    Amends the Emergency Telephone System Act. Provides that adds several definitions and modifies a definition. Modifies provisions relating to private residential switch services to indicate that such services and MLTS 9-1-1 services installed, managed, or operated before February 16, 2020 shall ensure that the system is connected to the public switched telephone network such that calls to 9-1-1 route to the appropriate 9-1-1 jurisdiction and makes other changes. Adds provisions relating to private business switch or MLTS 9-1-1 service installed, managed, or operated after June 30, 2000 (or within 18 months after enhanced 9-1-1 or NG9-1-1 service becomes available) requiring such systems to assure that the system is connected to the public switched network such that calls to 9-1-1 route to the appropriate 9-1-1 jurisdiction with the proper ANI and ALI, and includes other requirements relating to the square footage of a workspace. Adds provisions relating to requirements for covered MLTS and dispatchable location compliance dates for covered MLTS. Repeals provisions relating to 9-1-1 service and 9-1-1 business service. Makes other changes. Effective immediately.


LRB102 26026 AWJ 35456 b

 

 

A BILL FOR

 

HB5502LRB102 26026 AWJ 35456 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Telephone System Act is amended
5by changing Sections 2, 15.5, and 20 and by adding Sections
615.4c, 15.5a, 15.6c, and 15.8a as follows:
 
7    (50 ILCS 750/2)  (from Ch. 134, par. 32)
8    (Section scheduled to be repealed on December 31, 2023)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    "9-1-1 network" means the network used for the delivery of
129-1-1 calls and messages over dedicated and redundant
13facilities to a primary or backup 9-1-1 PSAP that meets the
14appropriate grade of service.
15    "9-1-1 system" means the geographic area that has been
16granted an order of authority by the Commission or the
17Statewide 9-1-1 Administrator to use "9-1-1" as the primary
18emergency telephone number, including, but not limited to, the
19network, software applications, databases, CPE components and
20operational and management procedures required to provide
219-1-1 service.
22    "9-1-1 Authority" means an Emergency Telephone System
23Board or , Joint Emergency Telephone System Board that provides

 

 

HB5502- 2 -LRB102 26026 AWJ 35456 b

1for the management and operation of a 9-1-1 system. "9-1-1
2Authority" includes the Illinois State Police only to the
3extent it provides 9-1-1 services under this Act.
4    "9-1-1 System Manager" means the manager, director,
5administrator, or coordinator who at the direction of his or
6her Emergency Telephone System Board is responsible for the
7implementation and execution of the order of authority issued
8by the Commission or the Statewide 9-1-1 Administrator through
9the programs, policies, procedures, and daily operations of
10the 9-1-1 system consistent with the provisions of this Act.
11    "Administrator" means the Statewide 9-1-1 Administrator.
12    "Advanced service" means any telecommunications service
13with or without dynamic bandwidth allocation, including, but
14not limited to, ISDN Primary Rate Interface (PRI), that,
15through the use of a DS-1, T-1, or other un-channelized or
16multi-channel transmission facility, is capable of
17transporting either the subscriber's inter-premises voice
18telecommunications services to the public switched network or
19the subscriber's 9-1-1 calls to the public agency.
20    "Aggregator" means an entity that ingresses 9-1-1 calls of
21multiple traffic types or 9-1-1 calls from multiple
22originating service providers and combines them on a trunk
23group or groups (or equivalent egress connection arrangement
24to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
25system), and that uses the routing information provided in the
26received call setup signaling to select the appropriate trunk

 

 

HB5502- 3 -LRB102 26026 AWJ 35456 b

1group and proceeds to signal call setup toward the 9-1-1
2system provider. "Aggregator" includes an originating service
3provider that provides aggregation functions for its own 9-1-1
4calls. "Aggregator" also includes an aggregation network or an
5aggregation entity that provides aggregator services for other
6types of system providers, such as cloud-based services or
7enterprise networks as its client.
8    "ALI" or "automatic location identification" means the
9automatic display at the public safety answering point of the
10address or location of the caller's telephone and
11supplementary emergency services information of the location
12from which a call originates.
13    "ANI" or "automatic number identification" means the
14automatic display of the 10-digit 10 digit telephone number
15associated with the caller's telephone number.
16    "Automatic alarm" and "automatic alerting device" mean any
17device that will access the 9-1-1 system for emergency
18services upon activation and does not provide for two-way
19communication.
20    "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
21Backup Answering Point, or VAP.
22    "Authorized entity" means an answering point or
23participating agency other than a decommissioned PSAP.
24    "Backup PSAP" means an answering point that meets the
25appropriate standards of service and serves as an alternate to
26the PSAP operating independently from the PSAP at a different

 

 

HB5502- 4 -LRB102 26026 AWJ 35456 b

1location, that has the capability to direct dispatch for the
2PSAP or otherwise transfer emergency calls directly to an
3authorized entity. A backup PSAP may accept overflow calls
4from the PSAP or be activated if the primary PSAP is disabled.
5    "Board" means an Emergency Telephone System Board or a
6Joint Emergency Telephone System Board created pursuant to
7Section 15.4.
8    "Call back number" means a number, which may or may not be
9a direct-dial number for a station used to originate a 9-1-1
10call, used by a PSAP to recontact a location from which a 9-1-1
11call was placed.
12    "Carrier" includes a telecommunications carrier and a
13wireless carrier.
14    "Commission" means the Illinois Commerce Commission.
15    "Computer aided dispatch" or "CAD" means a computer-based
16system that aids public safety telecommunicators by automating
17selected dispatching and recordkeeping activities.
18    "Covered MLTS" means a multi-line telephone system or MLTS
19service manufactured, imported, offered for first sale, or
20first sold after February 16, 2020.
21    "Direct dispatch" means a 9-1-1 service wherein upon
22receipt of an emergency call, a public safety telecommunicator
23transmits - without delay, transfer, relay, or referral - all
24relevant available information to the appropriate public
25safety personnel or emergency responders.
26    "Decommissioned" means the revocation of a PSAPs authority

 

 

HB5502- 5 -LRB102 26026 AWJ 35456 b

1to handle 9-1-1 calls as an answering point within the 9-1-1
2network.
3    "DS-1, T-1, or similar un-channelized or multi-channel
4transmission facility" means a facility that can transmit and
5receive a bit rate of at least 1.544 megabits per second
6(Mbps).
7    "Dynamic bandwidth allocation" means the ability of the
8facility or customer to drop and add channels, or adjust
9bandwidth, when needed in real time for voice or data
10purposes.
11    "Emergency call" means any type of request for emergency
12assistance through a 9-1-1 network either to the digits 9-1-1
13or the emergency 24/7 10-digit telephone number for all
14answering points. An emergency call is not limited to a voice
15telephone call. It could be a two-way video call, an
16interactive text, Teletypewriter (TTY), an SMS, an Instant
17Message, or any new mechanism for communications available in
18the future. An emergency call occurs when the request for
19emergency assistance is received by a public safety
20telecommunicator.
21    "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
22includes network switching, database and PSAP premise elements
23capable of providing automatic location identification data,
24selective routing, selective transfer, fixed transfer, and a
25call back number, including any enhanced 9-1-1 service so
26designated by the Federal Communications Commission in its

 

 

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1report and order in WC Dockets Nos. 04-36 and 05-196, or any
2successor proceeding.
3    "ETSB" means an emergency telephone system board appointed
4by the corporate authorities of any county or municipality
5that provides for the management and operation of a 9-1-1
6system.
7    "Grade of service" means P.01 for enhanced 9-1-1 services
8or the NENA i3 Solution adopted standard for NG9-1-1.
9    "Grandfathered or exempt private residential or business
10switch/MLTS "means any MLTS that was manufactured, imported,
11offered for first sale or lease, first sold or leased, or
12installed on or before February 16, 2020. Grandfathered or
13exempt private residential or business switch/MLTS's are
14subject to Section 15.5, 15.6, and 15.8 of this Act.
15    "Hearing-impaired individual" means a person with a
16permanent hearing loss who can regularly and routinely
17communicate by telephone only through the aid of devices which
18can send and receive written messages over the telephone
19network.
20    "Hosted supplemental 9-1-1 service" means a database
21service that:
22        (1) electronically provides information to 9-1-1 call
23    takers when a call is placed to 9-1-1;
24        (2) allows telephone subscribers to provide
25    information to 9-1-1 to be used in emergency scenarios;
26        (3) collects a variety of formatted data relevant to

 

 

HB5502- 7 -LRB102 26026 AWJ 35456 b

1    9-1-1 and first responder needs, which may include, but is
2    not limited to, photographs of the telephone subscribers,
3    physical descriptions, medical information, household
4    data, and emergency contacts;
5        (4) allows for information to be entered by telephone
6    subscribers through a secure website where they can elect
7    to provide as little or as much information as they
8    choose;
9        (5) automatically displays data provided by telephone
10    subscribers to 9-1-1 call takers for all types of
11    telephones when a call is placed to 9-1-1 from a
12    registered and confirmed phone number;
13        (6) supports the delivery of telephone subscriber
14    information through a secure internet connection to all
15    emergency telephone system boards;
16        (7) works across all 9-1-1 call taking equipment and
17    allows for the easy transfer of information into a
18    computer aided dispatch system; and
19        (8) may be used to collect information pursuant to an
20    Illinois Premise Alert Program as defined in the Illinois
21    Premise Alert Program (PAP) Act.
22    "Interconnected voice over Internet protocol provider" or
23"Interconnected VoIP provider" has the meaning given to that
24term under Section 13-235 of the Public Utilities Act.
25    "Joint ETSB" means a Joint Emergency Telephone System
26Board established by intergovernmental agreement of two or

 

 

HB5502- 8 -LRB102 26026 AWJ 35456 b

1more municipalities or counties, or a combination thereof, to
2provide for the management and operation of a 9-1-1 system.
3    "Key telephone system" means a type of MLTS designed to
4provide shared access to several outside lines through buttons
5or keys typically offering identified access lines with direct
6line appearance or termination on a given telephone set.
7    "Local public agency" means any unit of local government
8or special purpose district located in whole or in part within
9this State that provides or has authority to provide
10firefighting, police, ambulance, medical, or other emergency
11services.
12    "Mechanical dialer" means any device that accesses the
139-1-1 system without human intervention and does not provide
14for two-way communication.
15    "Master Street Address Guide" or "MSAG" is a database of
16street names and house ranges within their associated
17communities defining emergency service zones (ESZs) and their
18associated emergency service numbers (ESNs) to enable proper
19routing of 9-1-1 calls.
20    "Mobile telephone number" or "MTN" means the telephone
21number assigned to a wireless telephone at the time of initial
22activation.
23    "Multi-line telephone system (MLTS)" means a system
24comprised of common control unit or units, telephone sets,
25control hardware and software, and adjunct systems which
26enables users to make and receive telephone calls using shared

 

 

HB5502- 9 -LRB102 26026 AWJ 35456 b

1resources such as telephone network trunks or data link
2bandwidth. This term includes, but is not limited to:
3network-based and premises-based systems such as Centrex
4service; premises-based, hosted, and cloud-based VoIP; as well
5as PBX, Hybrid, and key telephone systems (as classified by
6the Federal Communications Commission under 47 CFR Part 68 or
7any successor rules); and systems owned or leased by
8governmental agencies, nonprofit entities, and for-profit
9businesses.
10    "Network connections" means the number of voice grade
11communications channels directly between a subscriber and a
12telecommunications carrier's public switched network, without
13the intervention of any other telecommunications carrier's
14switched network, which would be required to carry the
15subscriber's inter-premises traffic and which connection
16either (1) is capable of providing access through the public
17switched network to a 9-1-1 Emergency Telephone System, if one
18exists, or (2) if no system exists at the time a surcharge is
19imposed under Section 15.3, that would be capable of providing
20access through the public switched network to the local 9-1-1
21Emergency Telephone System if one existed. Where multiple
22voice grade communications channels are connected to a
23telecommunications carrier's public switched network through a
24private branch exchange (PBX) service, there shall be
25determined to be one network connection for each trunk line
26capable of transporting either the subscriber's inter-premises

 

 

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1traffic to the public switched network or the subscriber's
29-1-1 calls to the public agency. Where multiple voice grade
3communications channels are connected to an OSP's a
4telecommunications carrier's public switched network through
5Centrex type service, the number of network connections shall
6be equal to the number of PBX/MLTS trunk equivalents for the
7subscriber's service or other multiple voice grade
8communication channels facility, as determined by reference to
9any generally applicable exchange access service tariff filed
10by the subscriber's telecommunications carrier with the
11Commission.
12    "Network costs" means those recurring costs that directly
13relate to the operation of the 9-1-1 network as determined by
14the Statewide 9-1-1 Administrator with the advice of the
15Statewide 9-1-1 Advisory Board, which may include, but need
16not be limited to, some or all of the following: costs for
17interoffice trunks, selective routing charges, transfer lines
18and toll charges for 9-1-1 services, Automatic Location
19Information (ALI) database charges, independent local exchange
20carrier charges and non-system provider charges, carrier
21charges for third party database for on-site customer premises
22equipment, back-up PSAP trunks for non-system providers,
23periodic database updates as provided by carrier (also known
24as "ALI data dump"), regional ALI storage charges, circuits
25for call delivery (fiber or circuit connection), NG9-1-1
26costs, and all associated fees, taxes, and surcharges on each

 

 

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1invoice. "Network costs" shall not include radio circuits or
2toll charges that are other than for 9-1-1 services.
3    "Next generation 9-1-1" or "NG9-1-1" means a secure
4Internet Protocol-based (IP-based) open-standards system
5comprised of hardware, software, data, and operational
6policies and procedures that:
7            (A) provides standardized interfaces from
8        emergency call and message services to support
9        emergency communications;
10            (B) processes all types of emergency calls,
11        including voice, text, data, and multimedia
12        information;
13            (C) acquires and integrates additional emergency
14        call data useful to call routing and handling;
15            (D) delivers the emergency calls, messages, and
16        data to the appropriate public safety answering point
17        and other appropriate emergency entities based on the
18        location of the caller;
19            (E) supports data, video, and other communications
20        needs for coordinated incident response and
21        management; and
22            (F) interoperates with services and networks used
23        by first responders to facilitate emergency response.
24    "NG9-1-1 costs" means those recurring costs that directly
25relate to the Next Generation 9-1-1 service as determined by
26the Statewide 9-1-1 Administrator with the advice of the

 

 

HB5502- 12 -LRB102 26026 AWJ 35456 b

1Statewide 9-1-1 Advisory Board, which may include, but need
2not be limited to, costs for NENA i3 Core Components (Border
3Control Function (BCF), Emergency Call Routing Function
4(ECRF), Location Validation Function (LVF), Emergency Services
5Routing Proxy (ESRP), Policy Store/Policy Routing Functions
6(PSPRF), and Location Information Servers (LIS)), Statewide
7ESInet, software external to the PSAP (data collection,
8identity management, aggregation, and GIS functionality), and
9gateways (legacy 9-1-1 tandems or gateways or both).
10    "Originating service provider" or "OSP" means the entity
11that provides services to end users that may be used to
12originate voice or nonvoice 9-1-1 requests for assistance and
13who would interconnect, in any of various fashions, to the
149-1-1 system provider for purposes of delivering 9-1-1 traffic
15to the public safety answering points.
16    "Private branch exchange" or "PBX" means a private
17telephone system and associated equipment located on the
18user's property that provides communications between internal
19stations and external networks.
20    "Private business switch service" means network and
21premises based systems including a VoIP, Centrex type service,
22or PBX service, even though key telephone systems or
23equivalent telephone systems registered with the Federal
24Communications Commission under 47 CFR Part 68 are directly
25connected to Centrex type and PBX systems. "Private business
26switch service" does not include key telephone systems or

 

 

HB5502- 13 -LRB102 26026 AWJ 35456 b

1equivalent telephone systems registered with the Federal
2Communications Commission under 47 CFR Part 68 when not used
3in conjunction with a VoIP, Centrex type, or PBX systems.
4"Private business switch service" typically includes, but is
5not limited to, private businesses, corporations, and
6industries where the telecommunications service is primarily
7for conducting business.
8    "Private residential switch service" means network and
9premise based systems including a VoIP, Centrex type service,
10or PBX service or key telephone systems or equivalent
11telephone systems registered with the Federal Communications
12Commission under 47 CFR C.F.R. Part 68 that are directly
13connected to a VoIP, Centrex type service, or PBX systems
14equipped for switched local network connections or 9-1-1
15system access to residential end users through a private
16telephone switch. "Private residential switch service" does
17not include key telephone systems or equivalent telephone
18systems registered with the Federal Communications Commission
19under 47 CFR C.F.R. Part 68 when not used in conjunction with a
20VoIP, Centrex type, or PBX systems. "Private residential
21switch service" typically includes, but is not limited to,
22apartment complexes, condominiums, and campus or university
23environments where shared tenant service is provided and where
24the usage of the telecommunications service is primarily
25residential.
26    "Public agency" means the State, and any unit of local

 

 

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1government or special purpose district located in whole or in
2part within this State, that provides or has authority to
3provide firefighting, police, ambulance, medical, or other
4emergency services.
5    "Public safety agency" means a functional division of a
6public agency that provides firefighting, police, medical, or
7other emergency services to respond to and manage emergency
8incidents. For the purpose of providing wireless service to
9users of 9-1-1 emergency services, as expressly provided for
10in this Act, the Illinois State Police may be considered a
11public safety agency.
12    "Public safety answering point" or "PSAP" means the
13primary answering location of an emergency call that meets the
14appropriate standards of service and is responsible for
15receiving and processing those calls and events according to a
16specified operational policy.
17    "PSAP representative" means the manager or supervisor of a
18Public Safety Answering Point (PSAP) who oversees the daily
19operational functions and is responsible for the overall
20management and administration of the PSAP.
21    "Public safety telecommunicator" means any person employed
22in a full-time or part-time capacity at an answering point
23whose duties or responsibilities include answering, receiving,
24or transferring an emergency call for dispatch to the
25appropriate emergency responder.
26    "Public safety telecommunicator supervisor" means any

 

 

HB5502- 15 -LRB102 26026 AWJ 35456 b

1person employed in a full-time or part-time capacity at an
2answering point or by a 9-1-1 Authority, whose primary duties
3or responsibilities are to direct, administer, or manage any
4public safety telecommunicator and whose responsibilities
5include answering, receiving, or transferring an emergency
6call for dispatch to the appropriate responders.
7    "Referral" means a 9-1-1 service in which the public
8safety telecommunicator provides the calling party with the
9telephone number of the appropriate public safety agency or
10other provider of emergency services.
11    "Regular service" means any telecommunications service,
12other than advanced service, that is capable of transporting
13either the subscriber's inter-premises voice
14telecommunications services to the public switched network or
15the subscriber's 9-1-1 calls to the public agency.
16    "Relay" means a 9-1-1 service in which the public safety
17telecommunicator takes the pertinent information from a caller
18and relays that information to the appropriate public safety
19agency or other provider of emergency services.
20    "Remit period" means the billing period, one month in
21duration, for which a wireless carrier remits a surcharge and
22provides subscriber information by zip code to the Illinois
23State Police, in accordance with Section 20 of this Act.
24    "Secondary Answering Point" or "SAP" means a location,
25other than a PSAP, that is able to receive the voice, data, and
26call back number of E9-1-1 or NG9-1-1 emergency calls

 

 

HB5502- 16 -LRB102 26026 AWJ 35456 b

1transferred from a PSAP and completes the call taking process
2by dispatching police, medical, fire, or other emergency
3responders.
4    "Shared residential MLTS service" means the use of one or
5more MLTS or MLTS service or services to provide telephone
6service to residential facilities, including, but not limited
7to, single family and multi-family dwellings, including
8apartments, even if the service is not individually billed.
9    "Shared telecommunications services" means the provision
10of telecommunications and information management services and
11equipment within a user group located in discrete private
12premises in building complexes, campuses, or high-rise
13buildings by a commercial shared services provider or by a
14user association, through privately owned customer premises
15equipment and associated data processing and information
16management services, and includes the provisioning of
17connections to the facilities of a local exchange carrier or
18an interexchange carrier.
19    "Statewide wireless emergency 9-1-1 system" means all
20areas of the State where an emergency telephone system board
21has not declared its intention for one or more of its public
22safety answering points to serve as a primary wireless 9-1-1
23public safety answering point for its jurisdiction. The
24operator of the statewide wireless emergency 9-1-1 system
25shall be the Illinois State Police.
26    "System" means the communications equipment and related

 

 

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1software applications required to produce a response by the
2appropriate emergency public safety agency or other provider
3of emergency services as a result of an emergency call being
4placed to 9-1-1.
5    "System provider" means the contracted entity providing
69-1-1 network and database services.
7    "Telecommunications carrier" means those entities included
8within the definition specified in Section 13-202 of the
9Public Utilities Act, and includes those carriers acting as
10resellers of telecommunications services. "Telecommunications
11carrier" includes telephone systems operating as mutual
12concerns. "Telecommunications carrier" does not include a
13wireless carrier.
14    "Telecommunications technology" means equipment that can
15send and receive written messages over the telephone network.
16    "Temporary residence MLTS" means the use of MLTS or MLTS
17service to provide telephone service to occupants of temporary
18or transient dwellings, including, but not limited to,
19dormitories, hotels, motels, health care facilities, and
20nursing homes, or other similar facilities.
21    "Transfer" means a 9-1-1 service in which the public
22safety telecommunicator, who receives an emergency call,
23transmits, redirects, or conferences that call to the
24appropriate public safety agency or other provider of
25emergency services. "Transfer" Transfer shall not include a
26relay or referral of the information without transferring the

 

 

HB5502- 18 -LRB102 26026 AWJ 35456 b

1caller.
2    "Transmitting messages" shall have the meaning given to
3that term under Section 8-11-2 of the Illinois Municipal Code.
4    "Trunk line" means a transmission path, or group of
5transmission paths, connecting a subscriber's PBX to a
6telecommunications carrier's public switched network. In the
7case of regular service, each voice grade communications
8channel or equivalent amount of bandwidth capable of
9transporting either the subscriber's inter-premises voice
10telecommunications services to the public switched network or
11the subscriber's 9-1-1 calls to the public agency shall be
12considered a trunk line, even if it is bundled with other
13channels or additional bandwidth. In the case of advanced
14service, each DS-1, T-1, or other un-channelized or
15multi-channel transmission facility that is capable of
16transporting either the subscriber's inter-premises voice
17telecommunications services to the public switched network or
18the subscriber's 9-1-1 calls to the public agency shall be
19considered a single trunk line, even if it contains multiple
20voice grade communications channels or otherwise supports 2 or
21more voice grade calls at a time; provided, however, that each
22additional increment of up to 24 voice grade channels of
23transmission capacity that is capable of transporting either
24the subscriber's inter-premises voice telecommunications
25services to the public switched network or the subscriber's
269-1-1 calls to the public agency shall be considered an

 

 

HB5502- 19 -LRB102 26026 AWJ 35456 b

1additional trunk line.
2    "Unmanned backup answering point" means an answering point
3that serves as an alternate to the PSAP at an alternate
4location and is typically unmanned but can be activated if the
5primary PSAP is disabled.
6    "Virtual answering point" or "VAP" means a temporary or
7nonpermanent location that is capable of receiving an
8emergency call, contains a fully functional worksite that is
9not bound to a specific location, but rather is portable and
10scalable, connecting public safety telecommunicators to the
11work process, and is capable of completing the call
12dispatching process.
13    "Voice-impaired individual" means a person with a
14permanent speech disability which precludes oral
15communication, who can regularly and routinely communicate by
16telephone only through the aid of devices which can send and
17receive written messages over the telephone network.
18    "Wireless carrier" means a provider of two-way cellular,
19broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
20Mobile Radio Service (CMRS), Wireless Communications Service
21(WCS), or other Commercial Mobile Radio Service (CMRS), as
22defined by the Federal Communications Commission, offering
23radio communications that may provide fixed, mobile, radio
24location, or satellite communication services to individuals
25or businesses within its assigned spectrum block and
26geographical area or that offers real-time, two-way voice

 

 

HB5502- 20 -LRB102 26026 AWJ 35456 b

1service that is interconnected with the public switched
2network, including a reseller of such service.
3    "Wireless enhanced 9-1-1" means the ability to relay the
4telephone number of the originator of a 9-1-1 call and
5location information from any mobile handset or text telephone
6device accessing the wireless system to the designated
7wireless public safety answering point as set forth in the
8order of the Federal Communications Commission, FCC Docket No.
994-102, adopted June 12, 1996, with an effective date of
10October 1, 1996, and any subsequent amendment thereto.
11    "Wireless public safety answering point" means the
12functional division of a 9-1-1 authority accepting wireless
139-1-1 calls.
14    "Wireless subscriber" means an individual or entity to
15whom a wireless service account or number has been assigned by
16a wireless carrier, other than an account or number associated
17with prepaid wireless telecommunication service.
18(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
19revised 10-5-21.)
 
20    (50 ILCS 750/15.5)
21    (Section scheduled to be repealed on December 31, 2023)
22    Sec. 15.5. Grandfathered private Private residential
23switch or MLTS 9-1-1 service 9-1-1 service.
24    (a) After June 30, 1995 and before February 16, 2020, an
25entity that installs, manages, provides or operates a private

 

 

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1residential switch service or shared residential or temporary
2residential MLTS service private residential switch service
3and provides telecommunications facilities or services to
4residents shall provide to those residential end users the
5same level of 9-1-1 service as the public agency and the
6telecommunications carrier are providing to other residential
7end users of the local 9-1-1 system. This service shall ensure
8that the system is connected to the public switched telephone
9network such that calls to 9-1-1 route to the appropriate
109-1-1 jurisdiction and include, but not be limited to, the
11capability to provide ANI identify the telephone number, the
12extension number, and the ALI containing the physical address
13and distinct location for each living unit associated with the
14address location that is the source of the call to 9-1-1 the
15number designated as the emergency telephone number.
16    (b) The private residential switch or shared residential
17or temporary residential MLTS service operator is responsible
18for forwarding end user ANI and ALI automatic location
19identification record information to the 9-1-1 system provider
20according to the format, frequency, and procedures established
21by that system provider.
22    (c) This Act does not apply to any MLTS PBX telephone
23extension that uses radio transmissions to convey electrical
24signals directly between the telephone extension and the
25serving MLTS PBX.
26    (d) An entity that violates this Section is guilty of a

 

 

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1business offense and shall be fined not less than $1,000 and
2not more than $5,000.
3    (e) Nothing in this Section shall be construed to preclude
4the Attorney General on behalf of the Illinois State Police or
5on his or her own initiative, or any other interested person,
6from seeking judicial relief, by mandamus, injunction, or
7otherwise, to compel compliance with this Section.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (50 ILCS 750/15.5a new)
10    Sec. 15.5a. Grandfathered private business switch or MLTS
119-1-1 service.
12    (a) After June 30, 2000, or within 18 months after
13enhanced 9-1-1 or NG9-1-1 service becomes available, an entity
14that installs, manages, or operates an MLTS service for
15businesses prior to February 16, 2020 shall assure that the
16system is connected to the public switched network such that
17calls to 9-1-1 route to the appropriate 9-1-1 jurisdiction
18with the proper ANI and ALI. For buildings having their own
19street address and containing workspace of 40,000 square feet
20or less, location identification shall include the building's
21street address. For buildings having their own street address
22and containing workspace of more than 40,000 square feet,
23location identification shall include the building's street
24address and one distinct location identification per 40,000
25square feet of workspace. Separate buildings containing

 

 

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1workspace of 40,000 square feet or less having a common public
2street address shall have a distinct location identification
3for each building in addition to the street address.
4    (b) Exemptions from subsection (a) are as follows:
5        (1) Buildings containing workspace of more than 40,000
6    square feet are exempt from the multiple location
7    identification requirements if the building maintains, at
8    all times, alternative and adequate means of signaling and
9    responding to emergencies. Those means shall include, but
10    not be limited to, a telephone system that provides the
11    physical location of 9-1-1 calls coming from within the
12    building. Health care facilities are presumed to meet the
13    requirements of this paragraph if the facilities are
14    staffed with medical or nursing personnel 24 hours per day
15    and if an alternative means of providing information about
16    the source of an emergency call exists. Buildings under
17    this exemption must provide 9-1-1 service that provides
18    the building's street address.
19        (2) Buildings containing workspace of more than 40,000
20    square feet if the building maintains, at all times,
21    alternative and adequate means of signaling and responding
22    to emergencies, including a telephone system that provides
23    the location of a 9-1-1 call coming from within the
24    building, and the building is serviced by its own medical,
25    fire and security personnel. Buildings under this
26    exemption are subject to emergency phone system

 

 

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1    certification by the Administrator.
2        (3) Buildings in communities not serviced by enhanced
3    9-1-1 service.
4    (c) This Act does not apply to any MLTS telephone
5extension that uses radio transmissions to convey electrical
6signals directly between the telephone extension and the
7serving MLTS.
8    (d) Any entity that installs, manages, or operates an MLTS
9service to businesses shall ensure that all systems installed
10on or after July 1, 2015 are connected to the public switched
11network in a manner such that when a user dials "9-1-1", the
12emergency call connects to the 9-1-1 system without first
13dialing any number or set of numbers.
14    (e) The requirements of this Section do not apply to:
15        (1) any entity certified by the Illinois Commerce
16    Commission to operate a Private Emergency Answering Point
17    as defined in 83 Ill. Adm. Code 1326.105; or
18        (2) correctional institutions and facilities as
19    defined in subsection (d) of Section 3-1-2 of the Unified
20    Code of Corrections.
21    (f) An entity that violates this Section is guilty of a
22business offense and shall be fined not less than $1,000 and
23not more than $5,000.
24    (g) An entity that violates this Section is guilty of a
25business offense and shall be fined not less than $1,000 and
26not more than $5,000.

 

 

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1    (h) Nothing in this Section shall be construed to preclude
2the Attorney General on behalf of the Illinois State Police or
3on his or her own initiative, or any other interested person,
4from seeking judicial relief, by mandamus, injunction, or
5otherwise, to compel compliance with this Section.
6    (i) The Illinois State Police may promulgate rules for the
7administration of this Section.
 
8    (50 ILCS 750/15.6c new)
9    Sec. 15.6c. Requirements for covered MLTS.
10    (a) Manufacturers, importers, sellers, and lessors may not
11manufacture or import for use in the United States or sell or
12lease or offer to sell or lease in the United States an MLTS,
13unless the system is pre-configured so that when it is
14properly installed, in accordance with the Federal
15Communications Commission MLTS rules (47 CFR 9.3), so that a
16user may directly initiate a call to 9-1-1 from any station
17equipped with dialing facilities, without dialing any
18additional digit, code, prefix, or post-fix, including any
19trunk-access code, such as the digit 9, regardless of whether
20the user is required to dial such a digit, code, prefix, or
21post-fix for the other calls.
22    (b) Installers, managers, and operators may not install,
23manage, or operate for use in the United States an MLTS, unless
24the system is configured so that a user may directly initiate a
25call to 9-1-1 from any station equipped with dialing

 

 

HB5502- 26 -LRB102 26026 AWJ 35456 b

1facilities, without dialing any additional digit, code,
2prefix, or post-fix, including any trunk-access code, such as
3the digit 9, regardless of whether the user is required to dial
4such a digit, code, prefix, or post-fix for other calls.
5    (c) Installers, managers, and operators shall, in
6installing, managing, or operating an MLTS, configure the
7system to provide MLTS notification to a central location at
8the facility where the system is installed or to another
9person or organization regardless of location, if the system
10is able to be configured to provide the notification without
11an improvement to the hardware or software of the system. MLTS
12notification must meet the following requirements:
13        (1) it must be initiated contemporaneously with the
14    9-1-1 call, provided that it is technically feasible to do
15    so;
16        (2) it must not delay the call to 9-1-1; and
17        (3) it must be sent to a location where someone is
18    likely to see or hear it.
 
19    (50 ILCS 750/15.8a new)
20    Sec. 15.8a. Dispatchable location compliance dates for
21covered MLTS.
22    (a) MLTS that are manufactured, imported, offered for
23first sale or lease, first sold or leased, or installed or
24operated after February 16, 2020 that are capable of providing
25a dispatchable location with 9-1-1 calls to the appropriate

 

 

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1PSAPs, regardless of the technological platform used, are
2considered covered. Covered MLTS are subject to the following
3compliance deadlines for the provisioning of dispatchable
4location depending on the nature of the device from which the
5MLTS 9-1-1 call originates.
6        (1) As of January 6, 2021:
7            (A) On-premises, fixed devices associated with an
8        MLTS must provide automated dispatchable location with
9        9-1-1 calls to the appropriate PSAP.
10            (B) MLTS manufacturers, importers, sellers, and
11        lessors may not manufacture, import, sell, lease, or
12        offer to sell or lease an MLTS unless the system has
13        the capability, after proper installation, of
14        providing the automated dispatchable location of the
15        caller to the PSAP with 9-1-1 calls from on-premises,
16        fixed devices.
17            (C) MLTS installers may not install a system
18        unless it is configured so that it is capable of being
19        programmed with and conveying the automated
20        dispatchable location of the caller to the PSAP with
21        9-1-1 calls from on-premises, fixed devices.
22            (D) MLTS managers and operators may not manage or
23        operate a system unless it is configured so that the
24        automated dispatchable location of the caller is
25        conveyed to the PSAP with 9-1-1 calls from
26        on-premises, fixed devices.

 

 

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1        (2) As of January 6, 2022:
2            (A) On-premises, non-fixed devices associated with
3        an MLTS must provide automated dispatchable location
4        with 9-1-1 calls to the appropriate PSAP when
5        technically feasible; otherwise they must provide
6        either dispatchable location based on end-user manual
7        update, or alternative location information that meets
8        the requirements as follows:
9                (i) Alternative location information may be
10            coordinate-based, and it must be sufficient to
11            identify the caller's civic address and
12            approximate in-building location, including floor
13            level, in large buildings.
14                (ii) Off-premises devices associated with an
15            MLTS must provide to the appropriate PSAP
16            automated dispatchable location if technically
17            feasible; otherwise, they must provide either
18            dispatchable location based on end user manual
19            update or enhanced location information that meets
20            the requirements of enhanced location. Enhanced
21            location information may be coordinate-based, and
22            it must consist of the best available location
23            that can be obtained from any available
24            technology; or a combination of technologies at
25            reasonable cost.
26    (b) MLTS manufacturers, importers, sellers, and lessors

 

 

HB5502- 29 -LRB102 26026 AWJ 35456 b

1may not manufacture, import, sell, lease, or offer to sell or
2lease an MLTS unless the system has the capability, after
3proper installation, the dispatchable location of the caller
4as specified in 47 CFR 9.16(b)(3)(ii) and (iii) to the PAAP
5with 9-1-1 calls from on-premises, non-fixed devices and from
6off-premises devices.
7    (c) MLTS installers may not install a system unless it is
8configured so that it is capable of being programmed with and
9conveying the automated dispatchable location of the caller to
10the PSAP with 9-1-1 calls from on-premises, non-fixed devices
11and from off-premises devices.
12    (d) MLTS managers and operators may not manage or operate
13a system unless it is configured so that the automated
14dispatchable location of the caller is conveyed to the PSAP
15with 9-1-1 calls from on-premises, non-fixed devices and from
16off-premises devices.
 
17    (50 ILCS 750/20)
18    (Section scheduled to be repealed on December 31, 2023)
19    Sec. 20. Statewide surcharge.
20    (a) On and after January 1, 2016, and except with respect
21to those customers who are subject to surcharges as provided
22in Sections 15.3 and 15.3a of this Act, a monthly surcharge
23shall be imposed on all customers of telecommunications
24carriers, interconnected VoIP providers, and wireless carriers
25as follows:

 

 

HB5502- 30 -LRB102 26026 AWJ 35456 b

1        (1) Each telecommunications carrier interconnected
2    VoIP providers shall impose a monthly surcharge per
3    network connection; provided, however, the monthly
4    surcharge shall not apply to a network connection provided
5    for use with pay telephone services.
6        (2) Where multiple voice grade communications channels
7    are connected between the subscriber's premises and a
8    public switched network through a PBX/MLTS private branch
9    exchange (PBX), Centrex type service, or other multiple
10    voice grade communication channels facility, there shall
11    be imposed 5 such surcharges per network connection for
12    both regular service and advanced service provisioned
13    trunk lines. Until December 31, 2017, the surcharge shall
14    be $0.87 per network connection and on and after January
15    1, 2018, the surcharge shall be $1.50 per network
16    connection.
17        (3) (2) Each wireless carrier shall impose and collect
18    a monthly surcharge per CMRS connection that either has a
19    telephone number within an area code assigned to Illinois
20    by the North American Numbering Plan Administrator or has
21    a billing address in this State. Until December 31, 2017,
22    the surcharge shall be $0.87 per connection and on and
23    after January 1, 2018, the surcharge shall be $1.50 per
24    connection.
25    (b) State and local taxes shall not apply to the
26surcharges imposed under this Section.

 

 

HB5502- 31 -LRB102 26026 AWJ 35456 b

1    (c) The surcharges imposed by this Section shall be stated
2as a separately stated item on subscriber bills.
3    (d) The telecommunications carrier and interconnected VoIP
4provider collecting the surcharge may deduct and retain 1.74%
5of the gross amount of surcharge collected to reimburse the
6telecommunications carrier for the expense of accounting and
7collecting the surcharge. On and after July 1, 2022, the
8wireless carrier collecting a surcharge under this Section may
9deduct and retain 1.74% of the gross amount of the surcharge
10collected to reimburse the wireless carrier for the expense of
11accounting and collecting the surcharge.
12    (d-5) Notwithstanding the provisions of subsection (d) of
13this Section, an amount not greater than 2.5% may be deducted
14and retained if the telecommunications, interconnected VoIP
15provider, or wireless carrier can support, through
16documentation, expenses that exceed the 1.74% allowed. The
17documentation shall be submitted to the Illinois State Police
18and input obtained from the Statewide 9-1-1 Advisory Board
19prior to approval of the deduction.
20    (e) Surcharges imposed under this Section shall be
21collected by the carriers and shall be remitted to the
22Illinois State Police, either by check or electronic funds
23transfer, by the end of the next calendar month after the
24calendar month in which it was collected for deposit into the
25Statewide 9-1-1 Fund. Carriers are not required to remit
26surcharge moneys that are billed to subscribers but not yet

 

 

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1collected.
2    The first remittance by wireless carriers shall include
3the number of subscribers by zip code, and the 9-digit zip code
4if currently being used or later implemented by the carrier,
5that shall be the means by which the Illinois State Police
6shall determine distributions from the Statewide 9-1-1 Fund.
7This information shall be updated at least once each year. Any
8carrier that fails to provide the zip code information
9required under this subsection (e) shall be subject to the
10penalty set forth in subsection (g) of this Section.
11    (f) If, within 8 calendar days after it is due under
12subsection (e) of this Section, a carrier does not remit the
13surcharge or any portion thereof required under this Section,
14then the surcharge or portion thereof shall be deemed
15delinquent until paid in full, and the Illinois State Police
16may impose a penalty against the carrier in an amount equal to
17the greater of:
18        (1) $25 for each month or portion of a month from the
19    time an amount becomes delinquent until the amount is paid
20    in full; or
21        (2) an amount equal to the product of 1% and the sum of
22    all delinquent amounts for each month or portion of a
23    month that the delinquent amounts remain unpaid.
24    A penalty imposed in accordance with this subsection (f)
25for a portion of a month during which the carrier pays the
26delinquent amount in full shall be prorated for each day of

 

 

HB5502- 33 -LRB102 26026 AWJ 35456 b

1that month that the delinquent amount was paid in full. Any
2penalty imposed under this subsection (f) is in addition to
3the amount of the delinquency and is in addition to any other
4penalty imposed under this Section.
5    (g) If, within 8 calendar days after it is due, a wireless
6carrier does not provide the number of subscribers by zip code
7as required under subsection (e) of this Section, then the
8report is deemed delinquent and the Illinois State Police may
9impose a penalty against the carrier in an amount equal to the
10greater of:
11        (1) $25 for each month or portion of a month that the
12    report is delinquent; or
13        (2) an amount equal to the product of $0.01 and the
14    number of subscribers served by the carrier for each month
15    or portion of a month that the delinquent report is not
16    provided.
17    A penalty imposed in accordance with this subsection (g)
18for a portion of a month during which the carrier provides the
19number of subscribers by zip code as required under subsection
20(e) of this Section shall be prorated for each day of that
21month during which the carrier had not provided the number of
22subscribers by zip code as required under subsection (e) of
23this Section. Any penalty imposed under this subsection (g) is
24in addition to any other penalty imposed under this Section.
25    (h) A penalty imposed and collected in accordance with
26subsection (f) or (g) of this Section shall be deposited into

 

 

HB5502- 34 -LRB102 26026 AWJ 35456 b

1the Statewide 9-1-1 Fund for distribution according to Section
230 of this Act.
3    (i) The Illinois State Police may enforce the collection
4of any delinquent amount and any penalty due and unpaid under
5this Section by legal action or in any other manner by which
6the collection of debts due the State of Illinois may be
7enforced under the laws of this State. The Illinois State
8Police may excuse the payment of any penalty imposed under
9this Section if the Administrator determines that the
10enforcement of this penalty is unjust.
11    (j) Notwithstanding any provision of law to the contrary,
12nothing shall impair the right of wireless carriers to recover
13compliance costs for all emergency communications services
14that are not reimbursed out of the Wireless Carrier
15Reimbursement Fund directly from their wireless subscribers by
16line-item charges on the wireless subscriber's bill. Those
17compliance costs include all costs incurred by wireless
18carriers in complying with local, State, and federal
19regulatory or legislative mandates that require the
20transmission and receipt of emergency communications to and
21from the general public, including, but not limited to,
22E9-1-1.
23(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
24revised 10-26-21.)
 
25    (50 ILCS 750/15.6 rep.)

 

 

HB5502- 35 -LRB102 26026 AWJ 35456 b

1    (50 ILCS 750/15.8 rep.)
2    Section 10. The Emergency Telephone System Act is amended
3by repealing Sections 15.6 and 15.8.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.