Illinois General Assembly - Full Text of HB5128
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Full Text of HB5128  103rd General Assembly


Rep. Patrick Windhorst

Filed: 3/21/2024





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2    AMENDMENT NO. ______. Amend House Bill 5128 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Emergency Telephone System Act is amended
5by changing Section 15.4 as follows:
6    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
7    (Section scheduled to be repealed on December 31, 2025)
8    Sec. 15.4. Emergency Telephone System Board; powers.
9    (a) Except as provided in subsection (e) of this Section,
10the corporate authorities of any county or municipality may
11establish an Emergency Telephone System Board.
12    The corporate authorities shall provide for the manner of
13appointment and the number of members of the Board, provided
14that the board shall consist of not fewer than 5 members, one
15of whom must be a public member who is a resident of the local
16exchange service territory included in the 9-1-1 coverage



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1area, one of whom (in counties with a population less than
2100,000) may be a member of the county board, and at least 3 of
3whom shall be representative of the 9-1-1 public safety
4agencies, including but not limited to police departments,
5fire departments, emergency medical services providers, and
6emergency services and disaster agencies, and appointed on the
7basis of their ability or experience. In counties with a
8population of more than 100,000 but less than 2,000,000, a
9member of the county board may serve on the Emergency
10Telephone System Board. Elected officials, including county
11sheriffs and members of a county board, are also eligible to
12serve on the board. Members of the board shall serve without
13compensation but shall be reimbursed for their actual and
14necessary expenses. Any 2 or more municipalities, counties, or
15combination thereof, may, instead of establishing individual
16boards, establish by intergovernmental agreement a Joint
17Emergency Telephone System Board pursuant to this Section. The
18manner of appointment of such a joint board shall be
19prescribed in the agreement. On or after the effective date of
20this amendatory Act of the 100th General Assembly, any new
21intergovernmental agreement entered into to establish or join
22a Joint Emergency Telephone System Board shall provide for the
23appointment of a PSAP representative to the board.
24    Upon the effective date of this amendatory Act of the 98th
25General Assembly, appointed members of the Emergency Telephone
26System Board shall serve staggered 3-year terms if: (1) the



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1Board serves a county with a population of 100,000 or less; and
2(2) appointments, on the effective date of this amendatory Act
3of the 98th General Assembly, are not for a stated term. The
4corporate authorities of the county or municipality shall
5assign terms to the board members serving on the effective
6date of this amendatory Act of the 98th General Assembly in the
7following manner: (1) one-third of board members' terms shall
8expire on January 1, 2015; (2) one-third of board members'
9terms shall expire on January 1, 2016; and (3) remaining board
10members' terms shall expire on January 1, 2017. Board members
11may be re-appointed upon the expiration of their terms by the
12corporate authorities of the county or municipality.
13    The corporate authorities of a county or municipality may,
14by a vote of the majority of the members elected, remove an
15Emergency Telephone System Board member for misconduct,
16official misconduct, or neglect of office.
17    (b) The powers and duties of the board shall be defined by
18ordinance of the municipality or county, or by
19intergovernmental agreement in the case of a joint board. The
20powers and duties shall include, but need not be limited to the
22        (1) Planning a 9-1-1 system.
23        (2) Coordinating and supervising the implementation,
24    upgrading, or maintenance of the system, including the
25    establishment of equipment specifications and coding
26    systems.



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1        (3) Receiving moneys from the surcharge imposed under
2    Section 15.3, or disbursed to it under Section 30, and
3    from any other source, for deposit into the Emergency
4    Telephone System Fund.
5        (4) Authorizing all disbursements from the fund.
6        (5) Hiring any staff necessary for the implementation
7    or upgrade of the system.
8        (6) (Blank).
9        (7) Designating a 9-1-1 System Manager, whose duties
10    and responsibilities shall be set forth by the Emergency
11    Telephone System Board in writing.
12    (c) All moneys received by a board pursuant to a surcharge
13imposed under Section 15.3, or disbursed to it under Section
1430, shall be deposited into a separate interest-bearing
15Emergency Telephone System Fund account. The treasurer of the
16municipality or county that has established the board or, in
17the case of a joint board, any municipal or county treasurer
18designated in the intergovernmental agreement, shall be
19custodian of the fund. All interest accruing on the fund shall
20remain in the fund. No expenditures may be made from such fund
21except upon the direction of the board by resolution passed by
22a majority of all members of the board.
23    (d) The board shall complete and maintain a Next
24Generation 9-1-1 GIS database in accordance with NENA
25Standards before implementation of the NG9-1-1 system. The
26MSAG and GIS data standardizing and synchronization must reach



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1a 98% or greater match rate, with an option of matching with
2ALI, before using GIS data for NG9-1-1.
3    (e) On and after January 1, 2016, no municipality or
4county may create an Emergency Telephone System Board unless
5the board is a Joint Emergency Telephone System Board. The
6corporate authorities of any county or municipality entering
7into an intergovernmental agreement to create or join a Joint
8Emergency Telephone System Board shall rescind an ordinance or
9ordinances creating a single Emergency Telephone System Board
10and shall eliminate the single Emergency Telephone System
11Board, effective upon the creation of the Joint Emergency
12Telephone System Board, with regulatory approval by the
13Administrator, or joining of the Joint Emergency Telephone
14System Board. Nothing in this Section shall be construed to
15require the dissolution of an Emergency Telephone System Board
16that is not succeeded by a Joint Emergency Telephone System
17Board or is not required to consolidate under Section 15.4a of
18this Act.
19    (f) Within one year after the effective date of this
20amendatory Act of the 100th General Assembly, any corporate
21authorities of a county or municipality, other than a
22municipality with a population of more than 500,000, operating
23a 9-1-1 system without an Emergency Telephone System Board or
24Joint Emergency Telephone System Board shall create or join a
25Joint Emergency Telephone System Board.
26(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)".