Full Text of HB5157 101st General Assembly
HB5157 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5157 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Telephone System Act. Extends the repeal of the Act from December 31, 2020 to December 31, 2023. Makes various changes to definitions. Provides that within 12 months of the awarding of a contract under the Public Utilities Act to establish a statewide next generation 9-1-1 network (rather than July 1, 2020), every 9-1-1 system in Illinois shall provide next generation 9-1-1 service. Amends various other Acts to make conforming changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emergency Telephone System Act is amended by | 5 | | changing Sections 2, 3, 4, 5, 6, 6.1, 7, 8, 10, 10.1, 10.3, 14, | 6 | | 15, 15.2, 15.2a, 15.4a, 15.6, 15.6a, 15.6b, 17.5, 19, 20, 30, | 7 | | 40, 45, and 99 and by adding Sections 6.2 and 7.1 as follows:
| 8 | | (50 ILCS 750/2) (from Ch. 134, par. 32)
| 9 | | (Section scheduled to be repealed on December 31, 2020)
| 10 | | Sec. 2. Definitions. As used in this Act, unless the | 11 | | context otherwise requires: | 12 | | "9-1-1 network" means the network used for the delivery of | 13 | | 9-1-1 calls and messages over dedicated and redundant | 14 | | facilities to a primary or backup 9-1-1 PSAP that meets the | 15 | | appropriate grade of service P.01 grade of service standards | 16 | | for basic 9-1-1 and enhanced 9-1-1 services or meets national | 17 | | I3 industry call delivery standards for Next Generation 9-1-1 | 18 | | services . | 19 | | "9-1-1 system" means the geographic area that has been | 20 | | granted an order of authority by the Commission or the | 21 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | 22 | | emergency telephone number , including but not limited to the | 23 | | network, software applications, databases, CPE components and |
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| 1 | | operational and management procedures required to provide | 2 | | 9-1-1 service . | 3 | | "9-1-1 Authority" means includes an Emergency Telephone | 4 | | System Board, Joint Emergency Telephone System Board that | 5 | | provides for the management and operation of a 9-1-1 system , | 6 | | and a qualified governmental entity . "9-1-1 Authority" | 7 | | includes the Department of State Police only to the extent it | 8 | | provides 9-1-1 services under this Act. | 9 | | "Administrator" means the Statewide 9-1-1 Administrator. | 10 | | "Advanced service" means any telecommunications service | 11 | | with or without dynamic bandwidth allocation, including, but | 12 | | not limited to, ISDN Primary Rate Interface (PRI), that, | 13 | | through the use of a DS-1, T-1, or other un-channelized or | 14 | | multi-channel transmission facility, is capable of | 15 | | transporting either the subscriber's inter-premises voice | 16 | | telecommunications services to the public switched network or | 17 | | the subscriber's 9-1-1 calls to the public agency. | 18 | | "ALI" or "automatic location identification" means , in an | 19 | | E9-1-1 system, the automatic display at the public safety | 20 | | answering point of the caller's telephone number, the address | 21 | | or location of the caller's telephone , and supplementary | 22 | | emergency services information of the location from which a | 23 | | call originates . | 24 | | "ANI" or "automatic number identification" means the | 25 | | automatic display of the 10 digit telephone number associated | 26 | | with the caller's telephone number 9-1-1 calling party's number |
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| 1 | | on the PSAP monitor . | 2 | | "Automatic alarm" and "automatic alerting device" mean any | 3 | | device that will access the 9-1-1 system for emergency services | 4 | | upon activation and does not provide for two-way communication . | 5 | | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned | 6 | | Backup Answering Point, or VAP. | 7 | | "Authorized entity" means an answering point or | 8 | | participating agency other than a decommissioned PSAP. | 9 | | "Backup PSAP" means an a public safety answering point that | 10 | | meets the appropriate standards of service and serves as an | 11 | | alternate to the PSAP operating independently from the PSAP for | 12 | | enhanced systems and is at a different location , which has the | 13 | | capability to direct dispatch for the PSAP or otherwise | 14 | | transfer emergency calls directly to an authorized entity. and | 15 | | operates independently from the PSAP. A backup PSAP may accept | 16 | | overflow calls from the PSAP or be activated if the primary | 17 | | PSAP is disabled. | 18 | | "Board" means an Emergency Telephone System Board or a | 19 | | Joint Emergency Telephone System Board created pursuant to | 20 | | Section 15.4. | 21 | | "Carrier" means a business entity that provides a | 22 | | communication function to a customer base, typically for a fee, | 23 | | that accesses the statewide 9-1-1 system. "Carrier" includes , | 24 | | but is not limited to, a telecommunications carrier, carrier | 25 | | and a wireless carrier, local exchange carrier, and VoIP | 26 | | service provider carrier . |
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| 1 | | "Commission" means the Illinois Commerce Commission. | 2 | | "Computer aided dispatch" or "CAD" means a computer-based | 3 | | system that aids public safety telecommunicators PSAP | 4 | | telecommunicators by automating selected dispatching and | 5 | | recordkeeping activities. | 6 | | "Direct dispatch dispatch method " means a 9-1-1 service | 7 | | wherein upon receipt of an emergency call, that provides for | 8 | | the direct dispatch by a public safety telecommunicator | 9 | | transmits - without delay, transfer, relay, or referral - all | 10 | | relevant available information to PSAP telecommunicator of the | 11 | | appropriate public safety personnel or emergency responders | 12 | | unit upon receipt of an emergency call and the decision as to | 13 | | the proper action to be taken . | 14 | | "Decommissioned" means the revocation of a PSAPs authority | 15 | | to handle 9-1-1 calls as an answering point within the 9-1-1 | 16 | | network. | 17 | | "Department" means the Department of State Police. | 18 | | "DS-1, T-1, or similar un-channelized or multi-channel | 19 | | transmission facility" means a facility that can transmit and | 20 | | receive a bit rate of at least 1.544 megabits per second | 21 | | (Mbps). | 22 | | "Dynamic bandwidth allocation" means the ability of the | 23 | | facility or customer to drop and add channels, or adjust | 24 | | bandwidth, when needed in real time for voice or data purposes. | 25 | | "Emergency call" means any type of request for emergency | 26 | | assistance through a 9 1-1 network either to the digits 9-1-1 |
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| 1 | | or the emergency 24/7 10-digit telephone number for all | 2 | | answering points. An emergency call is not limited to a voice | 3 | | telephone call. It could be a two-way video call, an | 4 | | interactive text, Teletypewriter (TTY), an SMS, an Instant | 5 | | Message, or any new mechanism for communications available in | 6 | | the future. An emergency call occurs when the request for | 7 | | emergency assistance is received by a public safety | 8 | | telecommunicator. | 9 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that | 10 | | includes network switching, database and PSAP premise elements | 11 | | capable of providing automatic location identification data, | 12 | | selective routing, selective transfer, fixed transfer, and a | 13 | | call back number, including any enhanced 9-1-1 service so | 14 | | designated by the Federal Communications Commission in its | 15 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any | 16 | | successor proceeding. | 17 | | "ETSB" means an emergency telephone system board appointed | 18 | | by the corporate authorities of any county or municipality that | 19 | | provides for the management and operation of a 9-1-1 system. | 20 | | "Grade of service" means P.01 for enhanced 9-1-1 services | 21 | | or the NENA i3 Solution adopted standard for NG9-1-1. | 22 | | "Hearing-impaired individual" means a person with a | 23 | | permanent hearing loss who can regularly and routinely | 24 | | communicate by telephone only through the aid of devices which | 25 | | can send and receive written messages over the telephone | 26 | | network. |
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| 1 | | "Hosted supplemental 9-1-1 service" means a database | 2 | | service that: | 3 | | (1) electronically provides information to 9-1-1 call | 4 | | takers when a call is placed to 9-1-1; | 5 | | (2) allows telephone subscribers to provide | 6 | | information to 9-1-1 to be used in emergency scenarios; | 7 | | (3) collects a variety of formatted data relevant to | 8 | | 9-1-1 and first responder needs, which may include, but is | 9 | | not limited to, photographs of the telephone subscribers, | 10 | | physical descriptions, medical information, household | 11 | | data, and emergency contacts; | 12 | | (4) allows for information to be entered by telephone | 13 | | subscribers through a secure website where they can elect | 14 | | to provide as little or as much information as they choose; | 15 | | (5) automatically displays data provided by telephone | 16 | | subscribers to 9-1-1 call takers for all types of | 17 | | telephones when a call is placed to 9-1-1 from a registered | 18 | | and confirmed phone number; | 19 | | (6) supports the delivery of telephone subscriber | 20 | | information through a secure internet connection to all | 21 | | emergency telephone system boards; | 22 | | (7) works across all 9-1-1 call taking equipment and | 23 | | allows for the easy transfer of information into a computer | 24 | | aided dispatch system; and | 25 | | (8) may be used to collect information pursuant to an | 26 | | Illinois Premise Alert Program as defined in the Illinois |
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| 1 | | Premise Alert Program (PAP) Act. | 2 | | "Interconnected voice over Internet protocol provider" or | 3 | | "Interconnected VoIP provider" has the meaning given to that | 4 | | term under Section 13-235 of the Public Utilities Act. | 5 | | "Joint ETSB" means a Joint Emergency Telephone System Board | 6 | | established by intergovernmental agreement of two or more | 7 | | municipalities or counties, or a combination thereof, to | 8 | | provide for the management and operation of a 9-1-1 system. | 9 | | "Local public agency" means any unit of local government or | 10 | | special purpose district located in whole or in part within | 11 | | this State that provides or has authority to provide | 12 | | firefighting, police, ambulance, medical, or other emergency | 13 | | services. | 14 | | "Mechanical dialer" means any device that accesses either | 15 | | manually or remotely triggers a dialing device to access the | 16 | | 9-1-1 system without human intervention and does not provide | 17 | | for two-way communication . | 18 | | "Master Street Address Guide" or "MSAG" is a database of | 19 | | street names and house ranges within their associated | 20 | | communities defining emergency service zones (ESZs) and their | 21 | | associated emergency service numbers (ESNs) to enable proper | 22 | | routing of 9-1-1 calls. | 23 | | "Mobile telephone number" or "MTN" means the telephone | 24 | | number assigned to a wireless telephone at the time of initial | 25 | | activation. | 26 | | "Network connections" means the number of voice grade |
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| 1 | | communications channels directly between a subscriber and a | 2 | | telecommunications carrier's public switched network, without | 3 | | the intervention of any other telecommunications carrier's | 4 | | switched network, which would be required to carry the | 5 | | subscriber's inter-premises traffic and which connection | 6 | | either (1) is capable of providing access through the public | 7 | | switched network to a 9-1-1 Emergency Telephone System, if one | 8 | | exists, or (2) if no system exists at the time a surcharge is | 9 | | imposed under Section 15.3, that would be capable of providing | 10 | | access through the public switched network to the local 9-1-1 | 11 | | Emergency Telephone System if one existed. Where multiple voice | 12 | | grade communications channels are connected to a | 13 | | telecommunications carrier's public switched network through a | 14 | | private branch exchange (PBX) service, there shall be | 15 | | determined to be one network connection for each trunk line | 16 | | capable of transporting either the subscriber's inter-premises | 17 | | traffic to the public switched network or the subscriber's | 18 | | 9-1-1 calls to the public agency. Where multiple voice grade | 19 | | communications channels are connected to a telecommunications | 20 | | carrier's public switched network through Centrex centrex type | 21 | | service, the number of network connections shall be equal to | 22 | | the number of PBX trunk equivalents for the subscriber's | 23 | | service or other multiple voice grade communication channels | 24 | | facility, as determined by reference to any generally | 25 | | applicable exchange access service tariff filed by the | 26 | | subscriber's telecommunications carrier with the Commission. |
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| 1 | | "Network costs" means those recurring costs that directly | 2 | | relate to the operation of the 9-1-1 network as determined by | 3 | | the Statewide 9-1-1 Administrator with the advice of the | 4 | | Statewide 9-1-1 Advisory Board, which may include, but need not | 5 | | be limited to, some or all of the following: costs for | 6 | | interoffice trunks, selective routing charges, transfer lines | 7 | | and toll charges for 9-1-1 services, Automatic Location | 8 | | Information (ALI) database charges, independent local exchange | 9 | | carrier charges and non-system provider charges, carrier | 10 | | charges for third party database for on-site customer premises | 11 | | equipment, back-up PSAP trunks for non-system providers, | 12 | | periodic database updates as provided by carrier (also known as | 13 | | "ALI data dump"), regional ALI storage charges, circuits for | 14 | | call delivery (fiber or circuit connection), NG9-1-1 costs, and | 15 | | all associated fees, taxes, and surcharges on each invoice. | 16 | | "Network costs" shall not include radio circuits or toll | 17 | | charges that are other than for 9-1-1 services. | 18 | | "Next generation 9-1-1" or "NG9-1-1" means a secure an | 19 | | Internet Protocol-based (IP-based) open-standards system | 20 | | comprised of hardware, software, data, and operational | 21 | | policies and procedures that: managed ESInets, functional | 22 | | elements and applications, and databases that replicate | 23 | | traditional E9-1-1 features and functions and provide | 24 | | additional capabilities. "NG9-1-1" systems are designed to | 25 | | provide access to emergency services from all connected | 26 | | communications sources, and provide multimedia data |
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| 1 | | capabilities for PSAPs and other emergency services | 2 | | organizations. | 3 | | (A) provides standardized interfaces from | 4 | | emergency call and message services to support | 5 | | emergency communications; | 6 | | (B) processes all types of emergency calls, | 7 | | including voice, text, data, and multimedia | 8 | | information; | 9 | | (C) acquires and integrates additional emergency | 10 | | call data useful to call routing and handling; | 11 | | (D) delivers the emergency calls, messages, and | 12 | | data to the appropriate public safety answering point | 13 | | and other appropriate emergency entities based on the | 14 | | location of the caller; | 15 | | (E) supports data, video, and other communications | 16 | | needs for coordinated incident response and | 17 | | management; and | 18 | | (F) interoperates with services and networks used | 19 | | by first responders to facilitate emergency response. | 20 | | "NG9-1-1 costs" means those recurring costs that directly | 21 | | relate to the Next Generation 9-1-1 service as determined by | 22 | | the Statewide 9-1-1 Administrator with the advice of the | 23 | | Statewide 9-1-1 Advisory Board, which may include including , | 24 | | but need not be limited to, costs for NENA i3 Core Components | 25 | | (Border Control Function (BCF), Emergency Call Routing | 26 | | Function (ECRF), Location Validation Function (LVF), Emergency |
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| 1 | | Services Routing Proxy (ESRP), Policy Store/Policy Routing | 2 | | Functions (PSPRF) and Location Information Servers (LIS)), | 3 | | Statewide ESInet, software external to the PSAP (data | 4 | | collection, identity management, aggregation and GIS | 5 | | functionality), and gateways (legacy 911 tandems or gateways or | 6 | | both). Emergency System Routing Proxy (ESRP), Emergency Call | 7 | | Routing Function/Location Validation Function (ECRF/LVF), | 8 | | Spatial Information Function (SIF), the Border Control | 9 | | Function (BCF), and the Emergency Services Internet Protocol | 10 | | networks (ESInets), legacy network gateways, and all | 11 | | associated fees, taxes, and surcharges on each invoice. | 12 | | "Private branch exchange" or "PBX" means a private | 13 | | telephone system and associated equipment located on the user's | 14 | | property that provides communications between internal | 15 | | stations and external networks. | 16 | | "Private business switch service" means network and | 17 | | premises based systems including a VoIP, Centrex type service, | 18 | | or PBX service, even though key telephone systems or equivalent | 19 | | telephone systems registered with the Federal Communications | 20 | | Commission under 47 C.F.R. Part 68 are directly connected to | 21 | | Centrex type and PBX systems. "Private business switch service" | 22 | | does not include key telephone systems or equivalent telephone | 23 | | systems registered with the Federal Communications Commission | 24 | | under 47 C.F.R. Part 68 when not used in conjunction with a | 25 | | VoIP, Centrex type, or PBX systems. "Private business switch | 26 | | service" typically includes, but is not limited to, private |
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| 1 | | businesses, corporations, and industries where the | 2 | | telecommunications service is primarily for conducting | 3 | | business. | 4 | | "Private residential switch service" means network and | 5 | | premise based systems including a VoIP, Centrex type service, | 6 | | or PBX service or key telephone systems or equivalent telephone | 7 | | systems registered with the Federal Communications Commission | 8 | | under 47 C.F.R. Part 68 that are directly connected to a VoIP, | 9 | | Centrex type service, or PBX systems equipped for switched | 10 | | local network connections or 9-1-1 system access to residential | 11 | | end users through a private telephone switch. "Private | 12 | | residential switch service" does not include key telephone | 13 | | systems or equivalent telephone systems registered with the | 14 | | Federal Communications Commission under 47 C.F.R. Part 68 when | 15 | | not used in conjunction with a VoIP, Centrex type, or PBX | 16 | | systems. "Private residential switch service" typically | 17 | | includes, but is not limited to, apartment complexes, | 18 | | condominiums, and campus or university environments where | 19 | | shared tenant service is provided and where the usage of the | 20 | | telecommunications service is primarily residential. | 21 | | "Public agency" means the State, and any unit of local | 22 | | government or special purpose district located in whole or in | 23 | | part within this State, that provides or has authority to | 24 | | provide firefighting, police, ambulance, medical, or other | 25 | | emergency services. | 26 | | "Public safety agency" means a functional division of a |
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| 1 | | public agency that provides firefighting, police, medical, or | 2 | | other emergency services to respond to and manage emergency | 3 | | incidents. For the purpose of providing wireless service to | 4 | | users of 9-1-1 emergency services, as expressly provided for in | 5 | | this Act, the Department of State Police may be considered a | 6 | | public safety agency. | 7 | | "Public safety answering point" or "PSAP" means the primary | 8 | | answering location of an emergency call that meets the | 9 | | appropriate standards of service and is responsible for | 10 | | receiving and processing is a set of call-takers authorized by | 11 | | a governing body and operating under common management that | 12 | | receive 9-1-1 calls and asynchronous event notifications for a | 13 | | defined geographic area and processes those calls and events | 14 | | according to a specified operational policy. | 15 | | "PSAP representative" means the manager or supervisor of a | 16 | | Public Safety Answering Point (PSAP) who oversees the daily | 17 | | operational functions and is responsible for the overall | 18 | | management and administration of the PSAP. | 19 | | "Public safety telecommunicator" means any person employed | 20 | | in a full-time or part-time capacity at an answering point | 21 | | whose duties or responsibilities include answering, receiving, | 22 | | or transferring an emergency call for dispatch to the | 23 | | appropriate emergency responder. | 24 | | "Public safety telecommunicator supervisor" means any | 25 | | person employed in a full-time or part-time capacity at an | 26 | | answering point or by a 9-1-1 Authority, whose primary duties |
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| 1 | | or responsibilities are to direct, administer, or manage any | 2 | | public safety telecommunicator and whose responsibilities | 3 | | include answering, receiving or transferring an emergency call | 4 | | for dispatch to the appropriate responders. | 5 | | "Qualified governmental entity" means a unit of local | 6 | | government authorized to provide 9-1-1 services pursuant to | 7 | | this Act where no emergency telephone system board exists. | 8 | | "Referral method " means a 9-1-1 service in which the public | 9 | | safety telecommunicator PSAP telecommunicator provides the | 10 | | calling party with the telephone number of the appropriate | 11 | | public safety agency or other provider of emergency services. | 12 | | "Regular service" means any telecommunications service, | 13 | | other than advanced service, that is capable of transporting | 14 | | either the subscriber's inter-premises voice | 15 | | telecommunications services to the public switched network or | 16 | | the subscriber's 9-1-1 calls to the public agency. | 17 | | "Relay method " means a 9-1-1 service in which the public | 18 | | safety telecommunicator PSAP telecommunicator takes the | 19 | | pertinent information from a caller and relays that information | 20 | | to the appropriate public safety agency or other provider of | 21 | | emergency services. | 22 | | "Remit period" means the billing period, one month in | 23 | | duration, for which a wireless carrier remits a surcharge and | 24 | | provides subscriber information by zip code to the Department, | 25 | | in accordance with Section 20 of this Act. | 26 | | "Secondary Answering Point" or "SAP" means a location, |
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| 1 | | other than a PSAP, that is able to receive the voice, data, and | 2 | | call back number of E9-1-1 or NG9-1-1 emergency calls | 3 | | transferred from a PSAP and completes the call taking process | 4 | | by dispatching police, medical, fire, or other emergency | 5 | | responders. | 6 | | "Statewide wireless emergency 9-1-1 system" means all | 7 | | areas of the State where an emergency telephone system board | 8 | | or, in the absence of an emergency telephone system board, a | 9 | | qualified governmental entity, has not declared its intention | 10 | | for one or more of its public safety answering points to serve | 11 | | as a primary wireless 9-1-1 public safety answering point for | 12 | | its jurisdiction. The operator of the statewide wireless | 13 | | emergency 9-1-1 system shall be the Department of State Police. | 14 | | "System" means the communications equipment and related | 15 | | software applications required to produce a response by the | 16 | | appropriate emergency public safety agency or other provider of | 17 | | emergency services as a result of an emergency call being | 18 | | placed to 9-1-1. | 19 | | "System provider" means the contracted entity providing | 20 | | 9-1-1 network and database services. | 21 | | "Telecommunications carrier" means those entities included | 22 | | within the definition specified in Section 13-202 of the Public | 23 | | Utilities Act, and includes those carriers acting as resellers | 24 | | of telecommunications services. "Telecommunications carrier" | 25 | | includes telephone systems operating as mutual concerns. | 26 | | "Telecommunications carrier" does not include a wireless |
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| 1 | | carrier. | 2 | | "Telecommunications technology" means equipment that can | 3 | | send and receive written messages over the telephone network. | 4 | | "Transfer method " means a 9-1-1 service in which the public | 5 | | safety telecommunicator, who receives an emergency PSAP | 6 | | telecommunicator receiving a call , transmits, redirects, or | 7 | | conferences transfers that call to the appropriate public | 8 | | safety agency or other provider of emergency services. Transfer | 9 | | shall not include a relay or referral of the information | 10 | | without transferring the caller. | 11 | | "Transmitting messages" shall have the meaning given to | 12 | | that term under Section 8-11-2 of the Illinois Municipal Code. | 13 | | "Trunk line" means a transmission path, or group of | 14 | | transmission paths, connecting a subscriber's PBX to a | 15 | | telecommunications carrier's public switched network. In the | 16 | | case of regular service, each voice grade communications | 17 | | channel or equivalent amount of bandwidth capable of | 18 | | transporting either the subscriber's inter-premises voice | 19 | | telecommunications services to the public switched network or | 20 | | the subscriber's 9-1-1 calls to the public agency shall be | 21 | | considered a trunk line, even if it is bundled with other | 22 | | channels or additional bandwidth. In the case of advanced | 23 | | service, each DS-1, T-1, or other un-channelized or | 24 | | multi-channel transmission facility that is capable of | 25 | | transporting either the subscriber's inter-premises voice | 26 | | telecommunications services to the public switched network or |
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| 1 | | the subscriber's 9-1-1 calls to the public agency shall be | 2 | | considered a single trunk line, even if it contains multiple | 3 | | voice grade communications channels or otherwise supports 2 or | 4 | | more voice grade calls at a time; provided, however, that each | 5 | | additional increment of up to 24 voice grade channels of | 6 | | transmission capacity that is capable of transporting either | 7 | | the subscriber's inter-premises voice telecommunications | 8 | | services to the public switched network or the subscriber's | 9 | | 9-1-1 calls to the public agency shall be considered an | 10 | | additional trunk line. | 11 | | "Unmanned backup answering point PSAP " means an a public | 12 | | safety answering point that serves as an alternate to the PSAP | 13 | | at an alternate location and is typically unmanned but can be | 14 | | activated if the primary PSAP is disabled. | 15 | | "Virtual answering point" or "VAP" means a temporary or | 16 | | nonpermanent location that is capable of receiving an emergency | 17 | | call, contains a fully functional worksite that is not bound to | 18 | | a specific location, but rather is portable and scalable, | 19 | | connecting public safety telecommunicators emergency call | 20 | | takers or dispatchers to the work process, and is capable of | 21 | | completing the call dispatching process. | 22 | | "Voice-impaired individual" means a person with a | 23 | | permanent speech disability which precludes oral | 24 | | communication, who can regularly and routinely communicate by | 25 | | telephone only through the aid of devices which can send and | 26 | | receive written messages over the telephone network. |
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| 1 | | "Wireless carrier" means a provider of two-way cellular, | 2 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | 3 | | Mobile Radio Service (CMRS), Wireless Communications Service | 4 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as | 5 | | defined by the Federal Communications Commission, offering | 6 | | radio communications that may provide fixed, mobile, radio | 7 | | location, or satellite communication services to individuals | 8 | | or businesses within its assigned spectrum block and | 9 | | geographical area or that offers real-time, two-way voice | 10 | | service that is interconnected with the public switched | 11 | | network, including a reseller of such service. | 12 | | "Wireless enhanced 9-1-1" means the ability to relay the | 13 | | telephone number of the originator of a 9-1-1 call and location | 14 | | information from any mobile handset or text telephone device | 15 | | accessing the wireless system to the designated wireless public | 16 | | safety answering point as set forth in the order of the Federal | 17 | | Communications Commission, FCC Docket No. 94-102, adopted June | 18 | | 12, 1996, with an effective date of October 1, 1996, and any | 19 | | subsequent amendment thereto. | 20 | | "Wireless public safety answering point" means the | 21 | | functional division of a 9-1-1 authority accepting wireless | 22 | | 9-1-1 calls. | 23 | | "Wireless subscriber" means an individual or entity to whom | 24 | | a wireless service account or number has been assigned by a | 25 | | wireless carrier, other than an account or number associated | 26 | | with prepaid wireless telecommunication service.
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| 1 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 2 | | (50 ILCS 750/3) (from Ch. 134, par. 33)
| 3 | | (Section scheduled to be repealed on December 31, 2020)
| 4 | | Sec. 3.
(a) By July 1, 2017, every local public agency | 5 | | shall be within the jurisdiction of a 9-1-1 system.
| 6 | | (b) Within 12 months of the awarding of a contract to a | 7 | | vendor certified under Section 13-900 of the Public Utilities | 8 | | Act to establish a statewide Next Generation 9-1-1 network By | 9 | | July 1, 2020 , every 9-1-1 system in Illinois shall provide Next | 10 | | Generation 9-1-1 service. | 11 | | (c) Nothing in this Act shall be construed to prohibit or
| 12 | | discourage in any way the formation of multijurisdictional or | 13 | | regional
systems, and any system established pursuant to this | 14 | | Act may include the
territory of more than one public agency or | 15 | | may include a segment of the
territory of a public agency.
| 16 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 17 | | (50 ILCS 750/4) (from Ch. 134, par. 34)
| 18 | | (Section scheduled to be repealed on December 31, 2020)
| 19 | | Sec. 4.
Every system shall include police, firefighting, | 20 | | and emergency medical and
ambulance services, and may include | 21 | | other emergency services. The system may incorporate private
| 22 | | ambulance service. In those areas in which a public safety | 23 | | agency of the State
provides such emergency services, the | 24 | | system shall include such public safety agencies.
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| 1 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 2 | | (50 ILCS 750/5) (from Ch. 134, par. 35)
| 3 | | (Section scheduled to be repealed on December 31, 2020)
| 4 | | Sec. 5.
The digits "9-1-1" shall be the primary emergency | 5 | | telephone
number within the system, but a public agency or | 6 | | public safety agency
shall maintain a separate secondary 10 | 7 | | seven digit emergency
backup number for at least six months | 8 | | after the "9-1-1" system is
established and in operation, and | 9 | | shall maintain a separate number for
nonemergency telephone | 10 | | calls.
| 11 | | (Source: P.A. 100-20, eff. 7-1-17.)
| 12 | | (50 ILCS 750/6) (from Ch. 134, par. 36)
| 13 | | (Section scheduled to be repealed on December 31, 2020)
| 14 | | Sec. 6. Capabilities of system; pay telephones. All systems | 15 | | shall be
designed to meet the specific
requirements of each | 16 | | community and public agency served by the system.
Every system | 17 | | shall be designed to have
the capability to of utilizing the | 18 | | direct dispatch or to method, relay method, transfer method, or | 19 | | referral method in response to emergency calls. The
General | 20 | | Assembly finds and declares that the most critical aspect of | 21 | | the
design of any system is the procedure established for | 22 | | handling a
telephone request for emergency services.
| 23 | | In addition, to maximize efficiency and utilization of the | 24 | | system,
all pay telephones within each system shall
enable a |
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| 1 | | caller to dial "9-1-1" for emergency services without the
| 2 | | necessity of inserting a coin. This paragraph does not apply to | 3 | | pay
telephones
located in penal
institutions, as defined in | 4 | | Section 2-14 of the Criminal Code of 2012, that
have
been | 5 | | designated for the exclusive use of committed persons.
| 6 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 7 | | (50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
| 8 | | (Section scheduled to be repealed on December 31, 2020)
| 9 | | Sec. 6.1.
Every 9-1-1 system shall be
readily accessible to | 10 | | hearing-impaired and voice-impaired individuals
through the | 11 | | use of telecommunications technology for hearing-impaired and
| 12 | | speech-impaired individuals.
| 13 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 14 | | (50 ILCS 750/6.2 new) | 15 | | Sec. 6.2. Every 9-1-1 system shall be able to accept text | 16 | | to 9-1-1 no later than January 1, 2023. The Illinois State | 17 | | Police shall adopt rules for the implementation of this | 18 | | Section.
| 19 | | (50 ILCS 750/7) (from Ch. 134, par. 37)
| 20 | | (Section scheduled to be repealed on December 31, 2020)
| 21 | | Sec. 7.
The General Assembly finds that, because of | 22 | | overlapping
jurisdiction of public agencies, public safety | 23 | | agencies and telephone
service areas, the Administrator, with |
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| 1 | | the advice and recommendation of the Statewide 9-1-1 Advisory | 2 | | Board, shall establish a general overview or plan
to effectuate | 3 | | the purposes of this Act within the time frame provided in
this | 4 | | Act. The General Assembly further finds and declares that | 5 | | direct dispatch should be utilized if possible to shorten the | 6 | | time required for the public to request and receive emergency | 7 | | aid. The Administrator shall minimize the use of transfer, | 8 | | relay, and referral of an emergency call if possible and | 9 | | encourage Backup PSAPs to be able to direct dispatch. Transfer, | 10 | | relay, and referral of an emergency call to an entity other | 11 | | than an answering point or the Illinois State Police shall not | 12 | | be utilized in response to emergency calls unless exigent | 13 | | circumstances exist. In order to insure that proper preparation | 14 | | and implementation
of emergency telephone systems are | 15 | | accomplished by all public agencies as required under this Act, | 16 | | the Department, with the
advice and assistance of
the Attorney | 17 | | General, shall secure compliance by public agencies as
provided | 18 | | in this Act.
| 19 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 20 | | (50 ILCS 750/7.1 new) | 21 | | Sec. 7.1. Training. | 22 | | (a) Each 9-1-1 Authority, as well as its answering points, | 23 | | shall ensure its public safety telecommunicators and public | 24 | | safety telecommunicator Supervisors comply with the training, | 25 | | testing, and certification requirements established pursuant |
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| 1 | | to Section 2605-53 of the Department of State Police Law. | 2 | | (b) Each 9-1-1 Authority, as well as its answering points, | 3 | | shall maintain a record regarding its public safety | 4 | | telecommunicators and public safety telecommunicator | 5 | | Supervisors compliance with this Section for at least 7 years | 6 | | and shall make the training records available for inspection by | 7 | | the Administrator upon request. | 8 | | (c) Costs incurred for the development of standards, | 9 | | training, testing and certification shall be expenses paid by | 10 | | the Department from the funds available to the Administrator | 11 | | and the Statewide 9-1-1 Advisory Board under Section 30 of this | 12 | | Act. Nothing in this subsection shall prohibit the use of | 13 | | grants or other non-surcharge funding sources available for | 14 | | this purpose.
| 15 | | (50 ILCS 750/8) (from Ch. 134, par. 38)
| 16 | | (Section scheduled to be repealed on December 31, 2020)
| 17 | | Sec. 8.
The Administrator, with the advice and | 18 | | recommendation of the Statewide 9-1-1 Advisory Board, shall | 19 | | coordinate the implementation of systems established under | 20 | | this Act. To assist with this coordination, all systems | 21 | | authorized to operate under this Act shall register with the | 22 | | Administrator information regarding its composition and | 23 | | organization, including, but not limited to, identification of | 24 | | all answering points. Decommissioned PSAPs shall not be | 25 | | registered and are not part of the 9-1-1 system in Illinois |
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| 1 | | PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs . The | 2 | | Department may adopt rules for the administration of this | 3 | | Section.
| 4 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 5 | | (50 ILCS 750/10) (from Ch. 134, par. 40) | 6 | | (Section scheduled to be repealed on December 31, 2020) | 7 | | Sec. 10. (a) The Administrator, with the advice and | 8 | | recommendation of the Statewide 9-1-1 Advisory Board, shall | 9 | | establish uniform technical and operational standards for all | 10 | | 9-1-1 systems in Illinois. All findings, orders, decisions, | 11 | | rules, and regulations issued or promulgated by the Commission | 12 | | under this Act or any other Act establishing or conferring | 13 | | power on the Commission with respect to emergency | 14 | | telecommunications services, shall continue in force. | 15 | | Notwithstanding the provisions of this Section, where | 16 | | applicable, the Administrator shall, with the advice and | 17 | | recommendation of the Statewide 9-1-1 Advisory Board, amend the | 18 | | Commission's findings, orders, decisions, rules, and | 19 | | regulations to conform to the specific provisions of this Act | 20 | | as soon as practicable after the effective date of this | 21 | | amendatory Act of the 99th General Assembly. | 22 | | (a-5) All 9-1-1 systems are responsible for complying with | 23 | | the uniform technical and operational standards adopted by the | 24 | | Administrator and the Illinois State Police with the advice and | 25 | | recommendation of the Statewide 9-1-1 Advisory Board. |
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| 1 | | (b) The Department may adopt emergency rules necessary to | 2 | | implement the provisions of this amendatory Act of the 99th | 3 | | General Assembly under subsection (t) of Section 5-45 of the | 4 | | Illinois Administrative Procedure Act. | 5 | | (c) Nothing in this Act shall deprive the Commission of any | 6 | | authority to regulate the provision by telecommunication | 7 | | carriers or 9-1-1 system service providers of | 8 | | telecommunication or other services under the Public Utilities | 9 | | Act. | 10 | | (d) For rules that implicate both the regulation of 9-1-1 | 11 | | authorities under this Act and the regulation of | 12 | | telecommunication carriers and 9-1-1 system service providers | 13 | | under the Public Utilities Act, the Department and the | 14 | | Commission may adopt joint rules necessary for implementation. | 15 | | (e) Any findings, orders, or decisions of the Administrator | 16 | | under this Section shall be deemed a final administrative | 17 | | decision and shall be subject to judicial review under the | 18 | | Administrative Review Law. | 19 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 20 | | (50 ILCS 750/10.1) (from Ch. 134, par. 40.1)
| 21 | | (Section scheduled to be repealed on December 31, 2020)
| 22 | | Sec. 10.1. Confidentiality.
| 23 | | (a) 9-1-1 information consisting of names, addresses and
| 24 | | telephone numbers of telephone customers whose listings are not | 25 | | published
in directories or listed in Directory Assistance |
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| 1 | | Offices is confidential.
Except as provided in subsection (b), | 2 | | information shall be provided on a
call-by-call basis only for | 3 | | the purpose
of responding to emergency calls. For the purposes | 4 | | of this subsection (a),
"emergency" means a
situation in which | 5 | | property or human life is in jeopardy and the prompt
| 6 | | notification of the public safety agency is essential.
| 7 | | (b) 9-1-1 information, including information described in | 8 | | subsection (a),
may be used by a public safety agency for the | 9 | | purpose of placing out-going
emergency calls.
| 10 | | (c) Nothing in this Section prohibits a municipality with a | 11 | | population
of
more than 500,000 from using 9-1-1 information, | 12 | | including information described
in subsection (a), for the | 13 | | purpose of responding to calls made to a
non-emergency | 14 | | telephone system that is under the supervision and control of a
| 15 | | public safety agency and that shares all or some facilities | 16 | | with an emergency
telephone system.
| 17 | | (d) Any public safety agency that uses 9-1-1 information | 18 | | for the purposes of
subsection (b) must establish methods and | 19 | | procedures that ensure the
confidentiality of information as | 20 | | required by subsection (a).
| 21 | | (e) Divulging confidential information in violation of | 22 | | this Section is a
Class A misdemeanor.
| 23 | | (Source: P.A. 100-20, eff. 7-1-17.)
| 24 | | (50 ILCS 750/10.3)
| 25 | | (Section scheduled to be repealed on December 31, 2020)
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| 1 | | Sec. 10.3. Notice of address change. The Emergency | 2 | | Telephone System Board or qualified governmental entity
in
any
| 3 | | county implementing a 9-1-1 system that changes any person's | 4 | | address (when the
person
whose address has changed has not | 5 | | moved to a new residence) shall notify
the person (i) of the | 6 | | person's new address and (ii) that the person should
contact | 7 | | the local
election authority to determine if the person should | 8 | | re-register to vote.
| 9 | | (Source: P.A. 100-20, eff. 7-1-17.)
| 10 | | (50 ILCS 750/14) (from Ch. 134, par. 44)
| 11 | | (Section scheduled to be repealed on December 31, 2020)
| 12 | | Sec. 14.
The General Assembly declares that a major purpose | 13 | | of this Act is to ensure that 9-1-1 systems have redundant | 14 | | methods of dispatch for: (1) each public safety agency within | 15 | | its jurisdiction, herein known as participating agencies; and | 16 | | (2) 9-1-1 systems whose jurisdictional boundaries are | 17 | | contiguous, herein known as adjacent 9-1-1 systems, when an | 18 | | emergency request for service is received for a public safety | 19 | | agency that needs to be dispatched by the adjacent 9-1-1 | 20 | | system. Another primary purpose of this Section is to
eliminate | 21 | | instances in which a public safety agency refuses, once | 22 | | dispatched, to render aid outside of the jurisdictional | 23 | | boundaries
of the public safety agency. Therefore, in | 24 | | implementing a 9-1-1 system under this Act, all 9-1-1 | 25 | | authorities
shall enter into call handling and aid outside |
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| 1 | | jurisdictional boundaries agreements with each participating | 2 | | agency and adjacent 9-1-1 system. The
agreements shall provide | 3 | | a primary and secondary means of dispatch. It must also provide | 4 | | that, once an emergency unit is dispatched in response
to a | 5 | | request through the system, such unit shall render its services | 6 | | to the requesting
party without regard to whether the unit is | 7 | | operating outside its
normal jurisdictional boundaries. | 8 | | Certified notification of the
continuation of call handling and | 9 | | aid outside jurisdictional boundaries agreements shall be made | 10 | | among the involved parties on an annual basis. The Illinois | 11 | | State Police may adopt rules for the administration of this | 12 | | Section.
| 13 | | (Source: P.A. 100-20, eff. 7-1-17.)
| 14 | | (50 ILCS 750/15) (from Ch. 134, par. 45)
| 15 | | (Section scheduled to be repealed on December 31, 2020)
| 16 | | Sec. 15.
Copies of the annual certified notification of | 17 | | continuing
agreement required by Section 14 shall be filed with
| 18 | | the Attorney General and the Administrator. All such agreements
| 19 | | shall be so filed prior to the 31st day of January. The | 20 | | Attorney General shall commence
judicial proceedings to | 21 | | enforce compliance with this Section and Section 14, where
a | 22 | | public agency or public safety agency has failed to timely | 23 | | enter into
such agreement or file copies thereof.
| 24 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
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| 1 | | (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| 2 | | (Section scheduled to be repealed on December 31, 2020)
| 3 | | Sec. 15.2.
Any person placing an "emergency call" to | 4 | | calling the number "911" for the purpose of making a
false | 5 | | alarm or complaint and reporting false information when, at the | 6 | | time the call or transmission is made, the person knows there | 7 | | is no reasonable ground for making the call or transmission and | 8 | | further knows that the call or transmission could result in the | 9 | | emergency response of any public safety agency, is subject to | 10 | | the
provisions of Section 26-1 of the Criminal Code of 2012.
| 11 | | (Source: P.A. 100-20, eff. 7-1-17.)
| 12 | | (50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
| 13 | | (Section scheduled to be repealed on December 31, 2020)
| 14 | | Sec. 15.2a. The installation of or connection to a | 15 | | telephone
company's network of any automatic alarm, automatic | 16 | | alerting
device, or mechanical dialer that causes the number | 17 | | 9-1-1 to
be dialed in order to directly access emergency | 18 | | services is
prohibited in a 9-1-1 system. Any device that | 19 | | allows for one button emergency calling must be equipped to | 20 | | minimize accidental activation. | 21 | | This Section does not apply to a person who connects to a | 22 | | 9-1-1 network using automatic crash notification technology | 23 | | subject to an established protocol. | 24 | | This Section does not apply to devices used to enable | 25 | | access to the 9-1-1 system for cognitively-impaired or special |
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| 1 | | needs persons or for persons with disabilities in an emergency | 2 | | situation reported by a caregiver after initiating a missing | 3 | | person's report. The device must have the capability to be | 4 | | activated and controlled remotely by trained personnel at a | 5 | | service center to prevent falsely activated or repeated calls | 6 | | to the 9-1-1 system in a single incident. The device must have | 7 | | the technical capability to generate location information to | 8 | | the 9-1-1 system. Under no circumstances shall a device be sold | 9 | | for use in a geographical jurisdiction where the 9-1-1 system | 10 | | has not deployed wireless phase II location technology. The | 11 | | alerting device shall also provide for either 2-way | 12 | | communication or send a pre-recorded message to a 9-1-1 | 13 | | provider explaining the nature of the emergency so that the | 14 | | 9-1-1 provider will be able to dispatch the appropriate | 15 | | emergency responder. | 16 | | Violation of this Section is
a Class A misdemeanor. A | 17 | | second or subsequent violation of this
Section is a Class 4 | 18 | | felony.
| 19 | | (Source: P.A. 99-143, eff. 7-27-15; 100-20, eff. 7-1-17.)
| 20 | | (50 ILCS 750/15.4a) | 21 | | (Section scheduled to be repealed on December 31, 2020) | 22 | | Sec. 15.4a. Consolidation. | 23 | | (a) By July 1, 2017, and except as otherwise provided in | 24 | | this Section, Emergency Telephone System Boards, Joint | 25 | | Emergency Telephone System Boards , qualified governmental |
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| 1 | | entities, and PSAPs shall be consolidated as follows, subject | 2 | | to subsections (b) and (c) of this Section: | 3 | | (1) In any county with a population of at least 250,000 | 4 | | that has a single Emergency Telephone System Board , or | 5 | | qualified governmental entity and more than 2 PSAPs, shall | 6 | | reduce the number of PSAPs by at least 50% or to 2 PSAPs, | 7 | | whichever is greater. Nothing in this paragraph shall | 8 | | preclude consolidation resulting in one PSAP in the county. | 9 | | (2) In any county with a population of at least 250,000 | 10 | | that has more than one Emergency Telephone System Board, | 11 | | Joint Emergency Telephone System Board, or qualified | 12 | | governmental entity, any 9-1-1 Authority serving a | 13 | | population of less than 25,000 shall be consolidated such | 14 | | that no 9-1-1 Authority in the county serves a population | 15 | | of less than 25,000. | 16 | | (3) In any county with a population of at least 250,000 | 17 | | but less than 1,000,000 that has more than one Emergency | 18 | | Telephone System Board, Joint Emergency Telephone System | 19 | | Board, or qualified governmental entity, each 9-1-1 | 20 | | Authority shall reduce the number of PSAPs by at least 50% | 21 | | or to 2 PSAPs, whichever is greater. Nothing in this | 22 | | paragraph shall preclude consolidation of a 9-1-1 | 23 | | Authority into a Joint Emergency Telephone System Board, | 24 | | and nothing in this paragraph shall preclude consolidation | 25 | | resulting in one PSAP in the county. | 26 | | (4) In any county with a population of less than |
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| 1 | | 250,000 that has a single Emergency Telephone System Board | 2 | | or qualified governmental entity and more than 2 PSAPs, the | 3 | | 9-1-1 Authority shall reduce the number of PSAPs by at | 4 | | least 50% or to 2 PSAPs, whichever is greater. Nothing in | 5 | | this paragraph shall preclude consolidation resulting in | 6 | | one PSAP in the county. | 7 | | (5) In any county with a population of less than | 8 | | 250,000 that has more than one Emergency Telephone System | 9 | | Board or , Joint Emergency Telephone System Board , or | 10 | | qualified governmental entity and more than 2 PSAPS, the | 11 | | 9-1-1 Authorities shall be consolidated into a single joint | 12 | | board, and the number of PSAPs shall be reduced by at least | 13 | | 50% or to 2 PSAPs, whichever is greater. Nothing in this | 14 | | paragraph shall preclude consolidation resulting in one | 15 | | PSAP in the county. | 16 | | (6) Any 9-1-1 Authority that does not have a PSAP | 17 | | within its jurisdiction shall be consolidated through an | 18 | | intergovernmental agreement with an existing 9-1-1 | 19 | | Authority that has a PSAP to create a Joint Emergency | 20 | | Telephone Board. | 21 | | (7) The corporate authorities of each county that has | 22 | | no 9-1-1 service as of January 1, 2016 shall provide | 23 | | enhanced 9-1-1 wireline and wireless enhanced 9-1-1 | 24 | | service for that county by either (i) entering into an | 25 | | intergovernmental agreement with an existing Emergency | 26 | | Telephone System Board to create a new Joint Emergency |
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| 1 | | Telephone System Board, or (ii) entering into an | 2 | | intergovernmental agreement with the corporate authorities | 3 | | that have created an existing Joint Emergency Telephone | 4 | | System Board. | 5 | | (b) By July 1, 2016, each county required to consolidate | 6 | | pursuant to paragraph (7) of subsection (a) of this Section and | 7 | | each 9-1-1 Authority required to consolidate pursuant to | 8 | | paragraphs (1) through (6) of subsection (a) of this Section | 9 | | shall file a plan for consolidation or a request for a waiver | 10 | | pursuant to subsection (c) of this Section with the Office of | 11 | | the Statewide 9-1-1 Administrator. | 12 | | (1) No county or 9-1-1 Authority may avoid the | 13 | | requirements of this Section by converting primary PSAPs to | 14 | | secondary or virtual answering points ; however a PSAP may | 15 | | be decommissioned. Staff from decommissioned PSAPs may | 16 | | remain to perform non-emergency police, fire, or ems | 17 | | responsibilities . Any county or 9-1-1 Authority not in | 18 | | compliance with this Section shall be ineligible to receive | 19 | | consolidation grant funds issued under Section 15.4b of | 20 | | this Act or monthly disbursements otherwise due under | 21 | | Section 30 of this Act, until the county or 9-1-1 Authority | 22 | | is in compliance. | 23 | | (2) Within 60 calendar days of receiving a | 24 | | consolidation plan or waiver , the Statewide 9-1-1 Advisory | 25 | | Board shall hold at least one public hearing on the plan | 26 | | and provide a recommendation to the Administrator. Notice |
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| 1 | | of the hearing shall be provided to the respective entity | 2 | | to which the plan applies. | 3 | | (3) Within 90 calendar days of receiving a | 4 | | consolidation plan, the Administrator shall approve the | 5 | | plan or waiver , approve the plan as modified, or grant a | 6 | | waiver pursuant to subsection (c) of this Section. In | 7 | | making his or her decision, the Administrator shall | 8 | | consider any recommendation from the Statewide 9-1-1 | 9 | | Advisory Board regarding the plan. If the Administrator | 10 | | does not follow the recommendation of the Board, the | 11 | | Administrator shall provide a written explanation for the | 12 | | deviation in his or her decision. | 13 | | (4) The deadlines provided in this subsection may be | 14 | | extended upon agreement between the Administrator and | 15 | | entity which submitted the plan. | 16 | | (c) A waiver from a consolidation required under subsection | 17 | | (a) of this Section may be granted if the Administrator finds | 18 | | that the consolidation will result in a substantial threat to | 19 | | public safety, is economically unreasonable, or is technically | 20 | | infeasible. | 21 | | (d) Any decision of the Administrator under this Section | 22 | | shall be deemed a final administrative decision and shall be | 23 | | subject to judicial review under the Administrative Review Law.
| 24 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 25 | | (50 ILCS 750/15.6)
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| 1 | | (Section scheduled to be repealed on December 31, 2020)
| 2 | | Sec. 15.6. Enhanced 9-1-1 service; business service.
| 3 | | (a) After June 30, 2000, or within 18 months after enhanced | 4 | | 9-1-1 service
becomes available, any entity that installs or | 5 | | operates a private business
switch service and provides | 6 | | telecommunications facilities or services to
businesses shall | 7 | | assure that the system is connected to the public switched
| 8 | | network in a manner that calls to 9-1-1 result in automatic | 9 | | number and location
identification. For buildings having their | 10 | | own street address and containing
workspace of 40,000 square | 11 | | feet or less, location identification shall include
the | 12 | | building's street address. For buildings having their own | 13 | | street
address and containing workspace of more than 40,000 | 14 | | square feet, location
identification shall include the | 15 | | building's street address and one distinct
location | 16 | | identification per 40,000 square feet of workspace. Separate
| 17 | | buildings containing workspace of 40,000 square feet or less | 18 | | having a common
public street address shall have a distinct | 19 | | location identification for each
building in addition to the | 20 | | street address.
| 21 | | (b) Exemptions. Buildings containing workspace of more | 22 | | than 40,000 square
feet are exempt from the multiple location | 23 | | identification requirements of
subsection (a) if the building | 24 | | maintains, at all times, alternative and
adequate means of | 25 | | signaling and responding to emergencies. Those means shall
| 26 | | include, but not be limited to, a telephone system that |
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| 1 | | provides the physical
location of 9-1-1 calls coming from | 2 | | within the building. Health care
facilities are presumed to | 3 | | meet the requirements of this paragraph if the
facilities are | 4 | | staffed with medical or nursing personnel 24 hours per day and
| 5 | | if an alternative means of providing information about the | 6 | | source of an
emergency call exists. Buildings under this | 7 | | exemption must provide 9-1-1
service that provides the | 8 | | building's street address.
| 9 | | Buildings containing workspace of more than 40,000 square | 10 | | feet are exempt
from subsection (a) if the building maintains, | 11 | | at all times, alternative and
adequate means of signaling and | 12 | | responding to emergencies, including a
telephone system that | 13 | | provides the location of a 9-1-1 call coming from within
the | 14 | | building, and the building is serviced by its own medical, fire | 15 | | and
security personnel. Buildings under this exemption are | 16 | | subject to emergency
phone system certification by the | 17 | | Administrator.
| 18 | | Buildings in communities not serviced by enhanced 9-1-1 | 19 | | service are exempt
from subsection (a).
| 20 | | Correctional institutions and facilities, as defined in | 21 | | subsection (d) of
Section 3-1-2 of the Unified Code of | 22 | | Corrections, are exempt from subsection
(a).
| 23 | | (c) This Act does not apply to any PBX telephone extension | 24 | | that uses radio
transmissions to convey electrical signals | 25 | | directly between the telephone
extension and the serving PBX.
| 26 | | (d) An entity that violates this Section is guilty of a |
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| 1 | | business
offense and shall be fined not less than $1,000 and | 2 | | not more than $5,000.
| 3 | | (e) Nothing in this Section shall be
construed to preclude | 4 | | the Attorney General on behalf of the Department or on
his or | 5 | | her own initiative, or any other interested person, from | 6 | | seeking
judicial relief, by mandamus, injunction, or | 7 | | otherwise, to compel compliance
with this Section.
| 8 | | (f) The Department may promulgate rules for the | 9 | | administration of this
Section.
| 10 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 11 | | (50 ILCS 750/15.6a) | 12 | | (Section scheduled to be repealed on December 31, 2020) | 13 | | Sec. 15.6a. Wireless emergency 9-1-1 service. | 14 | | (a) The digits "9-1-1" shall be the designated emergency | 15 | | telephone number within the wireless system. | 16 | | (b) The Department may set non-discriminatory and uniform | 17 | | technical and operational standards consistent with the rules | 18 | | of the Federal Communications Commission for directing calls to | 19 | | authorized public safety answering points. These standards | 20 | | shall not in any way prescribe the technology or manner a | 21 | | wireless carrier shall use to deliver wireless 9-1-1 or | 22 | | wireless E9-1-1 calls, and these standards shall not exceed the | 23 | | requirements set by the Federal Communications Commission; | 24 | | however, standards for directing calls to the authorized public | 25 | | safety answering point shall be included. The authority given |
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| 1 | | to the Department in this Section is limited to setting | 2 | | standards as set forth herein and does not constitute authority | 3 | | to regulate wireless carriers. | 4 | | (c) For the purpose of providing wireless 9-1-1 emergency | 5 | | services, an emergency telephone system board or, in the | 6 | | absence of an emergency telephone system board, a qualified | 7 | | governmental entity, may declare its intention for one or more | 8 | | of its public safety answering points to serve as a primary | 9 | | wireless 9-1-1 public safety answering point for its | 10 | | jurisdiction by notifying the Administrator in writing within 6 | 11 | | months after receiving its authority to operate a 9-1-1 system | 12 | | under this Act. In addition, 2 or more emergency telephone | 13 | | system boards or qualified governmental entities may, by virtue | 14 | | of an intergovernmental agreement, provide wireless 9-1-1 | 15 | | service. Until the jurisdiction comes into compliance with | 16 | | Section 15.4a of this Act, the Department of State Police shall | 17 | | be the primary wireless 9-1-1 public safety answering point for | 18 | | any jurisdiction that did not provide notice to the Illinois | 19 | | Commerce Commission and the Department prior to January 1, | 20 | | 2016. | 21 | | (d) The Administrator, upon a request from a qualified | 22 | | governmental entity or an emergency telephone system board and | 23 | | with the advice and recommendation of the Statewide 9-1-1 | 24 | | Advisory Board, may grant authority to the emergency telephone | 25 | | system board or a qualified governmental entity to provide | 26 | | wireless 9-1-1 service in areas for which the Department has |
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| 1 | | accepted wireless 9-1-1 responsibility. The Administrator | 2 | | shall maintain a current list of all 9-1-1 systems and | 3 | | qualified governmental entities providing wireless 9-1-1 | 4 | | service under this Act.
| 5 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 6 | | (50 ILCS 750/15.6b) | 7 | | (Section scheduled to be repealed on December 31, 2020) | 8 | | Sec. 15.6b. Next Generation 9-1-1 service. | 9 | | (a) The Administrator, with the advice and recommendation | 10 | | of the Statewide 9-1-1 Advisory Board, shall develop and | 11 | | implement a plan for a statewide Next Generation 9-1-1 network. | 12 | | The Next Generation 9-1-1 network must be an Internet | 13 | | protocol-based platform that at a minimum provides: | 14 | | (1) improved 9-1-1 call delivery; | 15 | | (2) enhanced interoperability; | 16 | | (3) increased ease of communication between 9-1-1 | 17 | | service providers, allowing immediate transfer of 9-1-1 | 18 | | calls, caller information, photos, and other data | 19 | | statewide; | 20 | | (4) a hosted solution with redundancy built in; and | 21 | | (5) compliance with the most current NENA Standards i3 | 22 | | Solution 08-003 . | 23 | | (b) By July 1, 2016, the Administrator, with the advice and | 24 | | recommendation of the Statewide 9-1-1 Advisory Board, shall | 25 | | design and issue a competitive request for a proposal to secure |
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| 1 | | the services of a consultant to complete a feasibility study on | 2 | | the implementation of a statewide Next Generation 9-1-1 network | 3 | | in Illinois. By July 1, 2017, the consultant shall complete the | 4 | | feasibility study and make recommendations as to the | 5 | | appropriate procurement approach for developing a statewide | 6 | | Next Generation 9-1-1 network. | 7 | | (c) Within 12 months of the final report from the | 8 | | consultant under subsection (b) of this Section, the Department | 9 | | shall procure and finalize a contract with a vendor certified | 10 | | under Section 13-900 of the Public Utilities Act to establish a | 11 | | statewide Next Generation 9-1-1 network. The Illinois State | 12 | | Police, in consultation with and subject to the approval of the | 13 | | Chief Procurement Officer, may procure a single contract or | 14 | | multiple contracts to implement the provisions of this Section. | 15 | | A contract or contracts under this subsection are not subject | 16 | | to the provisions of the Illinois Procurement Code, except for | 17 | | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | 18 | | Code, provided that the Chief Procurement Officer may, in | 19 | | writing with justification, waive any certification required | 20 | | under Article 50 of the Illinois Procurement Code. This | 21 | | exemption is inoperative 2 years from the effective date of | 22 | | this Amendatory Act of the 101st General Assembly. Within 12 | 23 | | months of securing the contract By July 1, 2020 , the vendor | 24 | | shall implement a Next Generation 9-1-1 network that allows | 25 | | 9-1-1 systems providing 9-1-1 service to Illinois residents to | 26 | | access the system utilizing their current infrastructure if it |
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| 1 | | meets the standards adopted by the Department.
| 2 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 3 | | (50 ILCS 750/17.5) | 4 | | (Section scheduled to be repealed on December 31, 2020) | 5 | | Sec. 17.5. Statewide 9-1-1 Call Directory call transfer, | 6 | | forward, or relay . | 7 | | (a) The General Assembly finds the following: | 8 | | (1) Some 9-1-1 systems throughout this State do not | 9 | | have a procedure in place to manually transfer , forward, or | 10 | | relay 9-1-1 calls originating within one 9-1-1 system's | 11 | | jurisdiction, but which should properly be answered and | 12 | | dispatched by another 9-1-1 system, to the appropriate | 13 | | 9-1-1 system for answering and dispatch of first | 14 | | responders. | 15 | | (2) On January 1, 2016, the General Assembly gave | 16 | | oversight authority of 9-1-1 systems to the Department of | 17 | | State Police. | 18 | | (3) Since that date, the Department of State Police has | 19 | | authorized individual 9-1-1 systems in counties and | 20 | | municipalities to implement and upgrade enhanced 9-1-1 | 21 | | systems throughout the State. | 22 | | (b) The Department shall prepare a directory of all | 23 | | authorized 9-1-1 systems in the State. The directory shall | 24 | | include an emergency 24/7 10-digit telephone number for all | 25 | | primary public safety answering points located in each 9-1-1 |
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| 1 | | system to which 9-1-1 calls from another jurisdiction can be | 2 | | transferred. This directory shall be made available to each | 3 | | 9-1-1 authority for its use in establishing standard operating | 4 | | procedures regarding calls outside its 9-1-1 jurisdiction. | 5 | | (c) Each 9-1-1 system shall provide the Department with the | 6 | | following information: | 7 | | (1) The name of the PSAP, a list of every participating | 8 | | agency, and the county the PSAP is in, including college | 9 | | and university public safety entities. | 10 | | (2) The 24/7 10-digit emergency telephone number and | 11 | | email address for the dispatch agency to which 9-1-1 calls | 12 | | originating in another 9-1-1 jurisdiction can be | 13 | | transferred or by which the PSAP can be contacted via email | 14 | | to exchange information. The emergency telephone number | 15 | | must be a direct line that is not answered by an automated | 16 | | system but rather is answered by a person. Each 9-1-1 | 17 | | system shall provide the Department with any changes to the | 18 | | participating agencies and this number and email address | 19 | | immediately upon the change occurring. Each 9-1-1 system | 20 | | shall provide the PSAP information and , the 24/7 10-digit | 21 | | emergency telephone number and email address to the Manager | 22 | | of the Department's 9-1-1 Program within 30 days of the | 23 | | effective date of this amendatory Act of the 101st 100th | 24 | | General Assembly. | 25 | | (3) The standard operating procedure describing the | 26 | | manner in which the 9-1-1 system will transfer , forward, or |
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| 1 | | relay 9-1-1 calls originating within its jurisdiction, but | 2 | | which should properly be answered and dispatched by another | 3 | | 9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1 | 4 | | system shall provide the standard operating procedures to | 5 | | the Manager of the Department's 9-1-1 Program within 180 | 6 | | days after the effective date of this amendatory Act of the | 7 | | 100th General Assembly.
| 8 | | (d) Unless exigent circumstances dictate otherwise, each | 9 | | 9-1-1 system's public safety telecommunicators shall be | 10 | | responsible for remaining on the line with the caller when a | 11 | | 9-1-1 call originates within its jurisdiction to ensure the | 12 | | 9-1-1 call is transferred to the appropriate authorized entity | 13 | | for answer and dispatch until a public safety telecommunicator | 14 | | is on the line and confirms jurisdiction for the call. | 15 | | (Source: P.A. 100-20, eff. 7-1-17.) | 16 | | (50 ILCS 750/19) | 17 | | (Section scheduled to be repealed on December 31, 2020) | 18 | | Sec. 19. Statewide 9-1-1 Advisory Board. | 19 | | (a) Beginning July 1, 2015, there is created the Statewide | 20 | | 9-1-1 Advisory Board within the Department of State Police. The | 21 | | Board shall consist of the following 11 voting members: | 22 | | (1) The Director of the State Police, or his or her | 23 | | designee, who shall serve as chairman. | 24 | | (2) The Executive Director of the Commission, or his or | 25 | | her designee. |
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| 1 | | (3) Nine members appointed by the Governor as follows: | 2 | | (A) one member representing the Illinois chapter | 3 | | of the National Emergency Number Association, or his or | 4 | | her designee; | 5 | | (B) one member representing the Illinois chapter | 6 | | of the Association of Public-Safety Communications | 7 | | Officials, or his or her designee; | 8 | | (C) one member representing a county 9-1-1 system | 9 | | from a county with a population of less than 37,000 | 10 | | 50,000 ; | 11 | | (C-5) one member representing a 9-1-1 system with a | 12 | | population between 37,000 and 100,000; | 13 | | (D) one member representing a county 9-1-1 system | 14 | | from a county with a population between 100,000 50,000 | 15 | | and 250,000; | 16 | | (E) one member representing a county 9-1-1 system | 17 | | from a county with a population of more than 250,000; | 18 | | (F) (blank) one member representing a municipality | 19 | | with a population of less than 500,000 in a county with | 20 | | a population in excess of 2,000,000 ; | 21 | | (G) one member representing the Illinois | 22 | | Association of Chiefs of Police; | 23 | | (H) one member representing the Illinois Sheriffs' | 24 | | Association; and | 25 | | (I) one member representing the Illinois Fire | 26 | | Chiefs Association. |
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| 1 | | The Governor shall appoint the following non-voting | 2 | | members: (i) one member representing an incumbent local | 3 | | exchange 9-1-1 system provider; (ii) one member representing a | 4 | | non-incumbent local exchange 9-1-1 system provider; (iii) one | 5 | | member representing a large wireless carrier; (iv) one member | 6 | | representing an incumbent local exchange carrier; (v) one | 7 | | member representing the Illinois Telecommunications | 8 | | Association; (vi) one member representing the Cable Television | 9 | | and Communication Association of Illinois; and (vii) one member | 10 | | representing the Illinois State Ambulance Association. The | 11 | | Speaker of the House of Representatives, the Minority Leader of | 12 | | the House of Representatives, the President of the Senate, and | 13 | | the Minority Leader of the Senate may each appoint a member of | 14 | | the General Assembly to temporarily serve as a non-voting | 15 | | member of the Board during the 12 months prior to the repeal | 16 | | date of this Act to discuss legislative initiatives of the | 17 | | Board. | 18 | | (b) The Governor shall make initial appointments to the | 19 | | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | 20 | | voting members appointed by the Governor shall serve an initial | 21 | | term of 2 years, and the remaining voting members appointed by | 22 | | the Governor shall serve an initial term of 3 years. | 23 | | Thereafter, each appointment by the Governor shall be for a | 24 | | term of 3 years. Non-voting members shall serve for a term of 3 | 25 | | years. Vacancies shall be filled in the same manner as the | 26 | | original appointment. Persons appointed to fill a vacancy shall |
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| 1 | | serve for the balance of the unexpired term. | 2 | | Members of the Statewide 9-1-1 Advisory Board shall serve | 3 | | without compensation. | 4 | | (c) The 9-1-1 Services Advisory Board, as constituted on | 5 | | June 1, 2015 without the legislative members, shall serve in | 6 | | the role of the Statewide 9-1-1 Advisory Board until all | 7 | | appointments of voting members have been made by the Governor | 8 | | under subsection (a) of this Section. | 9 | | (d) The Statewide 9-1-1 Advisory Board shall: | 10 | | (1) advise the Department of State Police and the | 11 | | Statewide 9-1-1 Administrator on the oversight of 9-1-1 | 12 | | systems and the development and implementation of a uniform | 13 | | statewide 9-1-1 system; | 14 | | (2) make recommendations to the Governor and the | 15 | | General Assembly regarding improvements to 9-1-1 services | 16 | | throughout the State; and | 17 | | (3) exercise all other powers and duties provided in | 18 | | this Act. | 19 | | (e) The Statewide 9-1-1 Advisory Board shall submit to the | 20 | | General Assembly a report by March 1 of each year providing an | 21 | | update on the transition to a statewide 9-1-1 system and | 22 | | recommending any legislative action. | 23 | | (f) The Department of State Police shall provide | 24 | | administrative support to the Statewide 9-1-1 Advisory Board.
| 25 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.) |
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| 1 | | (50 ILCS 750/20) | 2 | | (Section scheduled to be repealed on December 31, 2020) | 3 | | Sec. 20. Statewide surcharge. | 4 | | (a) On and after January 1, 2016, and except with respect | 5 | | to those customers who are subject to surcharges as provided in | 6 | | Sections 15.3 and 15.3a of this Act, a monthly surcharge shall | 7 | | be imposed on all customers of telecommunications carriers and | 8 | | wireless carriers as follows: | 9 | | (1) Each telecommunications carrier shall impose a | 10 | | monthly surcharge per network connection; provided, | 11 | | however, the monthly surcharge shall not apply to a network | 12 | | connection provided for use with pay telephone services. | 13 | | Where multiple voice grade communications channels are | 14 | | connected between the subscriber's premises and a public | 15 | | switched network through private branch exchange (PBX), | 16 | | Centrex centrex type service, or other multiple voice grade | 17 | | communication channels facility, there shall be imposed 5 | 18 | | such surcharges per network connection for both regular | 19 | | service and advanced service provisioned trunk lines. | 20 | | Until December 31, 2017, the surcharge shall be $0.87 per | 21 | | network connection and on and after January 1, 2018, the | 22 | | surcharge shall be $1.50 per network connection. | 23 | | (2) Each wireless carrier shall impose and collect a | 24 | | monthly surcharge per CMRS connection that either has a | 25 | | telephone number within an area code assigned to Illinois | 26 | | by the North American Numbering Plan Administrator or has a |
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| 1 | | billing address in this State. Until December 31, 2017, the | 2 | | surcharge shall be $0.87 per connection and on and after | 3 | | January 1, 2018, the surcharge shall be $1.50 per | 4 | | connection. | 5 | | (b) State and local taxes shall not apply to the surcharges | 6 | | imposed under this Section. | 7 | | (c) The surcharges imposed by this Section shall be stated | 8 | | as a separately stated item on subscriber bills. | 9 | | (d) The telecommunications carrier collecting the | 10 | | surcharge may deduct and retain 1.74% an amount not to exceed | 11 | | 3% of the gross amount of surcharge collected to reimburse the | 12 | | telecommunications carrier for the expense of accounting and | 13 | | collecting the surcharge. On and after July 1, 2022, the | 14 | | wireless carrier collecting a surcharge under this Section may | 15 | | deduct and retain 1.74% an amount not to exceed 3% of the gross | 16 | | amount of the surcharge collected to reimburse the wireless | 17 | | carrier for the expense of accounting and collecting the | 18 | | surcharge. | 19 | | (d-5) Notwithstanding the provisions of subsection (d) of | 20 | | this Section, an amount not greater than 2.5% may be deducted | 21 | | and retained if the telecommunications or wireless carrier can | 22 | | support through documentation, expenses that exceed the 1.74% | 23 | | allowed. The documentation shall be submitted to the Illinois | 24 | | State Police and input obtained from the Statewide 9-1-1 | 25 | | Advisory Board prior to approval of the deduction. | 26 | | (e) Surcharges imposed under this Section shall be |
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| 1 | | collected by the carriers and shall be remitted to the | 2 | | Department, either by check or electronic funds transfer, by | 3 | | the end of the next calendar month after the calendar month in | 4 | | which it was collected for deposit into the Statewide 9-1-1 | 5 | | Fund. Carriers are not required to remit surcharge moneys that | 6 | | are billed to subscribers but not yet collected. | 7 | | The first remittance by wireless carriers shall include the | 8 | | number of subscribers by zip code, and the 9-digit zip code if | 9 | | currently being used or later implemented by the carrier, that | 10 | | shall be the means by which the Department shall determine | 11 | | distributions from the Statewide 9-1-1 Fund. This information | 12 | | shall be updated at least once each year. Any carrier that | 13 | | fails to provide the zip code information required under this | 14 | | subsection (e) shall be subject to the penalty set forth in | 15 | | subsection (g) of this Section. | 16 | | (f) If, within 8 calendar days after it is due under | 17 | | subsection (e) of this Section, a carrier does not remit the | 18 | | surcharge or any portion thereof required under this Section, | 19 | | then the surcharge or portion thereof shall be deemed | 20 | | delinquent until paid in full, and the Department may impose a | 21 | | penalty against the carrier in an amount equal to the greater | 22 | | of: | 23 | | (1) $25 for each month or portion of a month from the | 24 | | time an amount becomes delinquent until the amount is paid | 25 | | in full; or | 26 | | (2) an amount equal to the product of 1% and the sum of |
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| 1 | | all delinquent amounts for each month or portion of a month | 2 | | that the delinquent amounts remain unpaid. | 3 | | A penalty imposed in accordance with this subsection (f) | 4 | | for a portion of a month during which the carrier pays the | 5 | | delinquent amount in full shall be prorated for each day of | 6 | | that month that the delinquent amount was paid in full. Any | 7 | | penalty imposed under this subsection (f) is in addition to the | 8 | | amount of the delinquency and is in addition to any other | 9 | | penalty imposed under this Section. | 10 | | (g) If, within 8 calendar days after it is due, a wireless | 11 | | carrier does not provide the number of subscribers by zip code | 12 | | as required under subsection (e) of this Section, then the | 13 | | report is deemed delinquent and the Department may impose a | 14 | | penalty against the carrier in an amount equal to the greater | 15 | | of: | 16 | | (1) $25 for each month or portion of a month that the | 17 | | report is delinquent; or | 18 | | (2) an amount equal to the product of $0.01 and the | 19 | | number of subscribers served by the carrier for each month | 20 | | or portion of a month that the delinquent report is not | 21 | | provided. | 22 | | A penalty imposed in accordance with this subsection (g) | 23 | | for a portion of a month during which the carrier provides the | 24 | | number of subscribers by zip code as required under subsection | 25 | | (e) of this Section shall be prorated for each day of that | 26 | | month during which the carrier had not provided the number of |
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| 1 | | subscribers by zip code as required under subsection (e) of | 2 | | this Section. Any penalty imposed under this subsection (g) is | 3 | | in addition to any other penalty imposed under this Section. | 4 | | (h) A penalty imposed and collected in accordance with | 5 | | subsection (f) or (g) of this Section shall be deposited into | 6 | | the Statewide 9-1-1 Fund for distribution according to Section | 7 | | 30 of this Act. | 8 | | (i) The Department may enforce the collection of any | 9 | | delinquent amount and any penalty due and unpaid under this | 10 | | Section by legal action or in any other manner by which the | 11 | | collection of debts due the State of Illinois may be enforced | 12 | | under the laws of this State. The Department may excuse the | 13 | | payment of any penalty imposed under this Section if the | 14 | | Administrator determines that the enforcement of this penalty | 15 | | is unjust. | 16 | | (j) Notwithstanding any provision of law to the contrary, | 17 | | nothing shall impair the right of wireless carriers to recover | 18 | | compliance costs for all emergency communications services | 19 | | that are not reimbursed out of the Wireless Carrier | 20 | | Reimbursement Fund directly from their wireless subscribers by | 21 | | line-item charges on the wireless subscriber's bill. Those | 22 | | compliance costs include all costs incurred by wireless | 23 | | carriers in complying with local, State, and federal regulatory | 24 | | or legislative mandates that require the transmission and | 25 | | receipt of emergency communications to and from the general | 26 | | public, including, but not limited to, E9-1-1.
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| 1 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 2 | | (50 ILCS 750/30) | 3 | | (Section scheduled to be repealed on December 31, 2020) | 4 | | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | 5 | | (a) A special fund in the State treasury known as the | 6 | | Wireless Service Emergency Fund shall be renamed the Statewide | 7 | | 9-1-1 Fund. Any appropriations made from the Wireless Service | 8 | | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | 9 | | The Fund shall consist of the following: | 10 | | (1) 9-1-1 wireless surcharges assessed under the | 11 | | Wireless Emergency Telephone Safety Act. | 12 | | (2) 9-1-1 surcharges assessed under Section 20 of this | 13 | | Act. | 14 | | (3) Prepaid wireless 9-1-1 surcharges assessed under | 15 | | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | 16 | | (4) Any appropriations, grants, or gifts made to the | 17 | | Fund. | 18 | | (5) Any income from interest, premiums, gains, or other | 19 | | earnings on moneys in the Fund. | 20 | | (6) Money from any other source that is deposited in or | 21 | | transferred to the Fund. | 22 | | (b) Subject to appropriation and availability of funds, the | 23 | | Department shall distribute the 9-1-1 surcharges monthly as | 24 | | follows: | 25 | | (1) From each surcharge collected and remitted under |
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| 1 | | Section 20 of this Act: | 2 | | (A) $0.013 shall be distributed monthly in equal | 3 | | amounts to each County Emergency Telephone System | 4 | | Board or qualified governmental entity in counties | 5 | | with a population under 100,000 according to the most | 6 | | recent census data which is authorized to serve as a | 7 | | primary wireless 9-1-1 public safety answering point | 8 | | for the county and to provide wireless 9-1-1 service as | 9 | | prescribed by subsection (b) of Section 15.6a of this | 10 | | Act, and which does provide such service. | 11 | | (B) $0.033 shall be transferred by the Comptroller | 12 | | at the direction of the Department to the Wireless | 13 | | Carrier Reimbursement Fund until June 30, 2017; from | 14 | | July 1, 2017 through June 30, 2018, $0.026 shall be | 15 | | transferred; from July 1, 2018 through June 30, 2019, | 16 | | $0.020 shall be transferred; from July 1, 2019, through | 17 | | June 30, 2020, $0.013 shall be transferred; from July | 18 | | 1, 2020 through June 30, 2021, $0.007 will be | 19 | | transferred; and after June 30, 2021, no transfer shall | 20 | | be made to the Wireless Carrier Reimbursement Fund. | 21 | | (C) Until December 31, 2017, $0.007 and on and | 22 | | after January 1, 2018, $0.017 shall be used to cover | 23 | | the Department's administrative costs. | 24 | | (D) Beginning January 1, 2018, until June 30, 2020, | 25 | | $0.12, and on and after July 1, 2020, $0.04 shall be | 26 | | used to make monthly proportional grants to the |
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| 1 | | appropriate 9-1-1 Authority currently taking wireless | 2 | | 9-1-1 based upon the United States Postal Zip Code of | 3 | | the billing addresses of subscribers wireless | 4 | | carriers. | 5 | | (E) Until June 30, 2023 2020 , $0.05 shall be used | 6 | | by the Department for grants for NG9-1-1 expenses, with | 7 | | priority given to 9-1-1 Authorities that provide 9-1-1 | 8 | | service within the territory of a Large Electing | 9 | | Provider as defined in Section 13-406.1 of the Public | 10 | | Utilities Act. | 11 | | (F) On and after July 1, 2020, $0.13 shall be used | 12 | | for the implementation of and continuing expenses for | 13 | | the Statewide NG9-1-1 system. | 14 | | (2) After disbursements under paragraph (1) of this | 15 | | subsection (b), all remaining funds in the Statewide 9-1-1 | 16 | | Fund shall be disbursed in the following priority order: | 17 | | (A) The Fund shall pay monthly to: | 18 | | (i) the 9-1-1 Authorities that imposed | 19 | | surcharges under Section 15.3 of this Act and were | 20 | | required to report to the Illinois Commerce | 21 | | Commission under Section 27 of the Wireless | 22 | | Emergency Telephone Safety Act on October 1, 2014, | 23 | | except a 9-1-1 Authority in a municipality with a | 24 | | population in excess of 500,000, an amount equal to | 25 | | the average monthly wireline and VoIP surcharge | 26 | | revenue attributable to the most recent 12-month |
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| 1 | | period reported to the Department under that | 2 | | Section for the October 1, 2014 filing, subject to | 3 | | the power of the Department to investigate the | 4 | | amount reported and adjust the number by order | 5 | | under Article X of the Public Utilities Act, so | 6 | | that the monthly amount paid under this item | 7 | | accurately reflects one-twelfth of the aggregate | 8 | | wireline and VoIP surcharge revenue properly | 9 | | attributable to the most recent 12-month period | 10 | | reported to the Commission; or | 11 | | (ii) county qualified governmental entities | 12 | | that did not impose a surcharge under Section 15.3 | 13 | | as of December 31, 2015, and counties that did not | 14 | | impose a surcharge as of June 30, 2015, an amount | 15 | | equivalent to their population multiplied by .37 | 16 | | multiplied by the rate of $0.69; counties that are | 17 | | not county qualified governmental entities and | 18 | | that did not impose a surcharge as of December 31, | 19 | | 2015, shall not begin to receive the payment | 20 | | provided for in this subsection until E9-1-1 and | 21 | | wireless E9-1-1 services are provided within their | 22 | | counties; or | 23 | | (iii) counties without 9-1-1 service that had | 24 | | a surcharge in place by December 31, 2015, an | 25 | | amount equivalent to their population multiplied | 26 | | by .37 multiplied by their surcharge rate as |
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| 1 | | established by the referendum. | 2 | | (B) All 9-1-1 network costs for systems outside of | 3 | | municipalities with a population of at least 500,000 | 4 | | shall be paid by the Department directly to the | 5 | | vendors. | 6 | | (C) All expenses incurred by the Administrator and | 7 | | the Statewide 9-1-1 Advisory Board and costs | 8 | | associated with procurement under Section 15.6b | 9 | | including requests for information and requests for | 10 | | proposals. | 11 | | (D) Funds may be held in reserve by the Statewide | 12 | | 9-1-1 Advisory Board and disbursed by the Department | 13 | | for grants under Section 15.4b of this Act and for | 14 | | NG9-1-1 expenses up to $12.5 million per year in State | 15 | | fiscal years 2016 and 2017; up to $20 million in State | 16 | | fiscal year 2018; up to $20.9 million in State fiscal | 17 | | year 2019; up to $15.3 million in State fiscal year | 18 | | 2020; up to $16.2 million in State fiscal year 2021; up | 19 | | to $23.1 million in State fiscal year 2022; and up to | 20 | | $17.0 million per year for State fiscal year 2023 and | 21 | | each year thereafter. The amount held in reserve in | 22 | | State fiscal years 2021 2018 and 2022 2019 shall not be | 23 | | less than $6.5 million. Disbursements under this | 24 | | subparagraph (D) shall be prioritized as follows: (i) | 25 | | consolidation grants prioritized under subsection (a) | 26 | | of Section 15.4b of this Act; (ii) NG9-1-1 expenses; |
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| 1 | | and (iii) consolidation grants under Section 15.4b of | 2 | | this Act for consolidation expenses incurred between | 3 | | January 1, 2010, and January 1, 2016. | 4 | | (E) All remaining funds per remit month shall be | 5 | | used to make monthly proportional grants to the | 6 | | appropriate 9-1-1 Authority currently taking wireless | 7 | | 9-1-1 based upon the United States Postal Zip Code of | 8 | | the billing addresses of subscribers of wireless | 9 | | carriers. | 10 | | (c) The moneys deposited into the Statewide 9-1-1 Fund | 11 | | under this Section shall not be subject to administrative | 12 | | charges or chargebacks unless otherwise authorized by this Act. | 13 | | (d) Whenever two or more 9-1-1 Authorities consolidate, the | 14 | | resulting Joint Emergency Telephone System Board shall be | 15 | | entitled to the monthly payments that had theretofore been made | 16 | | to each consolidating 9-1-1 Authority. Any reserves held by any | 17 | | consolidating 9-1-1 Authority shall be transferred to the | 18 | | resulting Joint Emergency Telephone System Board. Whenever a | 19 | | county that has no 9-1-1 service as of January 1, 2016 enters | 20 | | into an agreement to consolidate to create or join a Joint | 21 | | Emergency Telephone System Board, the Joint Emergency | 22 | | Telephone System Board shall be entitled to the monthly | 23 | | payments that would have otherwise been paid to the county if | 24 | | it had provided 9-1-1 service.
| 25 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) |
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| 1 | | (50 ILCS 750/40) | 2 | | (Section scheduled to be repealed on December 31, 2020) | 3 | | Sec. 40. Financial reports. | 4 | | (a) The Department shall create uniform accounting | 5 | | procedures, with such modification as may be required to give | 6 | | effect to statutory provisions applicable only to | 7 | | municipalities with a population in excess of 500,000, that any | 8 | | emergency telephone system board , qualified governmental | 9 | | entity, or unit of local government receiving surcharge money | 10 | | pursuant to Section 15.3, 15.3a, or 30 of this Act must follow. | 11 | | (b) By January 31, 2018, and every January 31 thereafter, | 12 | | each emergency telephone system board , qualified governmental | 13 | | entity, or unit of local government receiving surcharge money | 14 | | pursuant to Section 15.3, 15.3a, or 30 shall report to the | 15 | | Department audited financial statements showing total revenue | 16 | | and expenditures for the period beginning with the end of the | 17 | | period covered by the last submitted report through the end of | 18 | | the previous calendar year in a form and manner as prescribed | 19 | | by the Department. Such financial information shall include: | 20 | | (1) a detailed summary of revenue from all sources | 21 | | including, but not limited to, local, State, federal, and | 22 | | private revenues, and any other funds received; | 23 | | (2) all expenditures made during the reporting period | 24 | | from distributions under this Act; | 25 | | (3) call data and statistics, when available, from the | 26 | | reporting period, as specified by the Department and |
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| 1 | | collected in accordance with any reporting method | 2 | | established or required by the Department; | 3 | | (4) all costs associated with dispatching appropriate | 4 | | public safety agencies to respond to 9-1-1 calls received | 5 | | by the PSAP; and | 6 | | (5) all funding sources and amounts of funding used for | 7 | | costs described in paragraph (4) of this subsection (b). | 8 | | The emergency telephone system board , qualified | 9 | | governmental entity, or unit of local government is responsible | 10 | | for any costs associated with auditing such financial | 11 | | statements. The Department shall post the audited financial | 12 | | statements on the Department's website. | 13 | | (c) Along with its audited financial statement, each | 14 | | emergency telephone system board , qualified governmental | 15 | | entity, or unit of local government receiving a grant under | 16 | | Section 15.4b of this Act shall include a report of the amount | 17 | | of grant moneys received and how the grant moneys were used. In | 18 | | case of a conflict between this requirement and the Grant | 19 | | Accountability and Transparency Act, or with the rules of the | 20 | | Governor's Office of Management and Budget adopted thereunder, | 21 | | that Act and those rules shall control. | 22 | | (d) If an emergency telephone system board or qualified | 23 | | governmental entity that receives funds from the Statewide | 24 | | 9-1-1 Fund fails to file the 9-1-1 system financial reports as | 25 | | required under this Section or is determined to have spent | 26 | | funds contrary to Section 35 of this Act , the Department shall |
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| 1 | | suspend and withhold monthly disbursements otherwise due to the | 2 | | emergency telephone system board or qualified governmental | 3 | | entity under Section 30 of this Act until the report is filed. | 4 | | Any monthly disbursements that have been withheld for 12 | 5 | | months or more shall be forfeited by the emergency telephone | 6 | | system board or qualified governmental entity and shall be | 7 | | distributed proportionally by the Department to compliant | 8 | | emergency telephone system boards and qualified governmental | 9 | | entities that receive funds from the Statewide 9-1-1 Fund. | 10 | | Any emergency telephone system board or qualified | 11 | | governmental entity not in compliance with this Section shall | 12 | | be ineligible to receive any consolidation grant or | 13 | | infrastructure grant issued under this Act. | 14 | | (e) The Department may adopt emergency rules necessary to | 15 | | implement the provisions of this Section.
| 16 | | (f) Any findings or decisions of the Department under this | 17 | | Section shall be deemed a final administrative decision and | 18 | | shall be subject to judicial review under the Administrative | 19 | | Review Law. | 20 | | (g) Beginning October 1, 2017, the Department shall provide | 21 | | a quarterly report to the Statewide 9-1-1 Advisory Board of its | 22 | | expenditures from the Statewide 9-1-1 Fund for the prior fiscal | 23 | | quarter. | 24 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 25 | | (50 ILCS 750/45) |
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| 1 | | (Section scheduled to be repealed on December 31, 2020) | 2 | | Sec. 45. Wireless Carrier Reimbursement Fund. | 3 | | (a) A special fund in the State treasury known as the | 4 | | Wireless Carrier Reimbursement Fund, which was created | 5 | | previously under Section 30 of the Wireless Emergency Telephone | 6 | | Safety Act, shall continue in existence without interruption | 7 | | notwithstanding the repeal of that Act. Moneys in the Wireless | 8 | | Carrier Reimbursement Fund may be used, subject to | 9 | | appropriation, only (i) to reimburse wireless carriers for all | 10 | | of their costs incurred in complying with the applicable | 11 | | provisions of Federal Communications Commission wireless | 12 | | enhanced 9-1-1 service mandates, and (ii) to pay the reasonable | 13 | | and necessary costs of the Illinois Commerce Commission in | 14 | | exercising its rights, duties, powers, and functions under this | 15 | | Act. This reimbursement to wireless carriers may include, but | 16 | | need not be limited to, the cost of designing, upgrading, | 17 | | purchasing, leasing, programming, installing, testing, and | 18 | | maintaining necessary data, hardware, and software and | 19 | | associated operating and administrative costs and overhead. | 20 | | (b) To recover costs from the Wireless Carrier | 21 | | Reimbursement Fund, the wireless carrier shall submit sworn | 22 | | invoices to the Illinois Commerce Commission. In no event may | 23 | | any invoice for payment be approved for (i) costs that are not | 24 | | related to compliance with the requirements established by the | 25 | | wireless enhanced 9-1-1 mandates of the Federal Communications | 26 | | Commission, or (ii) costs with respect to any wireless enhanced |
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| 1 | | 9-1-1 service that is not operable at the time the invoice is | 2 | | submitted. | 3 | | (c) If in any month the total amount of invoices submitted | 4 | | to the Illinois Commerce Commission and approved for payment | 5 | | exceeds the amount available in the Wireless Carrier | 6 | | Reimbursement Fund, wireless carriers that have invoices | 7 | | approved for payment shall receive a pro-rata share of the | 8 | | amount available in the Wireless Carrier Reimbursement Fund | 9 | | based on the relative amount of their approved invoices | 10 | | available that month, and the balance of the payments shall be | 11 | | carried into the following months until all of the approved | 12 | | payments are made. | 13 | | (d) A wireless carrier may not receive payment from the | 14 | | Wireless Carrier Reimbursement Fund for its costs of providing | 15 | | wireless enhanced 9-1-1 services in an area when a unit of | 16 | | local government or emergency telephone system board provides | 17 | | wireless 9-1-1 services in that area and was imposing and | 18 | | collecting a wireless carrier surcharge prior to July 1, 1998. | 19 | | (e) The Illinois Commerce Commission shall maintain | 20 | | detailed records of all receipts and disbursements and shall | 21 | | provide an annual accounting of all receipts and disbursements | 22 | | to the Auditor General. | 23 | | (f) The Illinois Commerce Commission must annually review | 24 | | the balance in the Wireless Carrier Reimbursement Fund as of | 25 | | June 30 of each year and shall direct the Comptroller to | 26 | | transfer into the Statewide 9-1-1 Fund for distribution in |
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| 1 | | accordance with subsection (b) of Section 30 of this Act any | 2 | | amount in excess of outstanding invoices as of June 30 of each | 3 | | year. | 4 | | (g) The Illinois Commerce Commission shall adopt rules to | 5 | | govern the reimbursement process.
| 6 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 7 | | (50 ILCS 750/99) | 8 | | (Section scheduled to be repealed on December 31, 2020) | 9 | | Sec. 99. Repealer. This Act is repealed on December 31, | 10 | | 2023 2020 .
| 11 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
| 12 | | (50 ILCS 750/9 rep.)
| 13 | | (50 ILCS 750/13 rep.)
| 14 | | (50 ILCS 750/17 rep.) | 15 | | Section 10. The Emergency Telephone System Act is amended | 16 | | by repealing Sections 9, 13, and 17. | 17 | | Section 15. The Department of State Police Law of the
Civil | 18 | | Administrative Code of Illinois is amended by changing Section | 19 | | 2605-53 as follows: | 20 | | (20 ILCS 2605/2605-53) | 21 | | Sec. 2605-53. 9-1-1 system; sexual assault and sexual | 22 | | abuse. |
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| 1 | | (a) The Office of the Statewide 9-1-1 Administrator, in | 2 | | consultation with the Office of the Attorney General and the | 3 | | Illinois Law Enforcement Training Standards Board, shall: | 4 | | (1) develop comprehensive guidelines for | 5 | | evidence-based, trauma-informed, victim-centered handling | 6 | | of sexual assault or sexual abuse calls by Public Safety | 7 | | Answering Point tele-communicators; and | 8 | | (2) adopt rules and minimum standards for an | 9 | | evidence-based, trauma-informed, victim-centered training | 10 | | curriculum for handling of sexual assault or sexual abuse | 11 | | calls for Public Safety Answering Point tele-communicators | 12 | | ("PSAP"). | 13 | | (a-5) The Office of the Statewide 9-1-1 Administrator, in | 14 | | consultation with the Statewide 9-1-1 Advisory Board, shall: | 15 | | (1) develop comprehensive guidelines for training on | 16 | | emergency dispatch procedures, including but not limited | 17 | | to emergency medical dispatch, and the delivery of 9-1-1 | 18 | | services and professionalism for public safety | 19 | | telecommunicators and public safety telecommunicator | 20 | | supervisors; and | 21 | | (2) adopt rules and minimum standards for continuing | 22 | | education on emergency dispatch procedures, including but | 23 | | not limited to emergency medical dispatch, and the delivery | 24 | | of 9-1-1 services and professionalism for public safety | 25 | | telecommunicators and public safety telecommunicator | 26 | | Supervisors; and |
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| 1 | | (a-10) The Office of the Statewide 9-1-1 Administrator may | 2 | | as necessary establish by rule appropriate testing and | 3 | | certification processes consistent with the training required | 4 | | by this Section. | 5 | | (b) Training requirements: | 6 | | (1) Newly hired PSAP tele-communicators must complete | 7 | | the sexual assault and sexual abuse training curriculum | 8 | | established in subsection (a) of this Section prior to | 9 | | handling emergency calls. | 10 | | (2) All existing PSAP tele-communicators shall | 11 | | complete the sexual assault and sexual abuse training | 12 | | curriculum established in subsection (a) of this Section | 13 | | within 2 years of the effective date of this amendatory Act | 14 | | of the 99th General Assembly.
| 15 | | (3) Newly hired public safety telecommunicators shall | 16 | | complete the emergency dispatch procedures training | 17 | | curriculum established in subsection (a-5) of this Section | 18 | | prior to independently handling emergency calls. | 19 | | (4) All public safety telecommunicators and public | 20 | | safety telecommunicator supervisors who were not required | 21 | | to complete new hire training prior to handling emergency | 22 | | calls, must either demonstrate proficiency or complete the | 23 | | training established in subsection (a-5) of this Section | 24 | | within one year of the effective date of this Amendatory | 25 | | Act of the 101st General Assembly. | 26 | | (5) All public safety telecommunicators and public |
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| 1 | | safety telecommunicator supervisors shall complete the | 2 | | continuing education training regarding the delivery of | 3 | | 9-1-1 services and professionalism bi-annually. | 4 | | (c) The Illinois State Police may adopt rules for the | 5 | | administration of this Section. | 6 | | (Source: P.A. 99-801, eff. 1-1-17 .) | 7 | | Section 20. The Criminal Code of 2012 is amended by | 8 | | changing Section 26-1 as follows:
| 9 | | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| 10 | | Sec. 26-1. Disorderly conduct.
| 11 | | (a) A person commits disorderly conduct when he or she | 12 | | knowingly:
| 13 | | (1) Does any act in such unreasonable manner as to | 14 | | alarm or disturb
another and to provoke a breach of the | 15 | | peace;
| 16 | | (2) Transmits or causes to be transmitted in any manner | 17 | | to the fire
department of any city,
town, village or fire | 18 | | protection district a false alarm of fire, knowing
at the | 19 | | time of the transmission that there is no reasonable ground | 20 | | for
believing that the fire exists;
| 21 | | (3) Transmits or causes to be transmitted in any manner | 22 | | to another a
false alarm to the effect that a bomb or other | 23 | | explosive of any nature or a
container holding poison gas, | 24 | | a deadly biological or chemical contaminant, or
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| 1 | | radioactive substance is concealed in a place where its | 2 | | explosion or release
would endanger human life, knowing at | 3 | | the time of the transmission that there
is no reasonable | 4 | | ground for believing that the bomb, explosive or a | 5 | | container
holding poison gas, a deadly biological or | 6 | | chemical contaminant, or radioactive
substance is | 7 | | concealed in the place;
| 8 | | (3.5) Transmits or causes to be transmitted in any | 9 | | manner a threat of destruction of a school building or | 10 | | school property, or a threat of violence, death, or bodily | 11 | | harm directed against persons at a school, school function, | 12 | | or school event, whether or not school is in session; | 13 | | (4) Transmits or causes to be transmitted in any manner | 14 | | to any peace
officer, public officer or public employee a | 15 | | report to the effect that an
offense will be committed, is | 16 | | being committed, or has been committed, knowing
at the time | 17 | | of the transmission that there is no reasonable ground for
| 18 | | believing that the offense will be committed, is being | 19 | | committed, or has
been committed;
| 20 | | (5) Transmits or causes to be transmitted in any manner | 21 | | a false report to any public
safety agency without the | 22 | | reasonable grounds necessary to believe that
transmitting | 23 | | the report is necessary for the safety and welfare of the
| 24 | | public; or
| 25 | | (6) Places an "emergency call", as defined in Section 1 | 26 | | of the Emergency Telephone System Act, to Calls the number |
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| 1 | | "911" or transmits or causes to be transmitted in any | 2 | | manner to a public safety agency for the purpose of making | 3 | | or transmitting a
false alarm or complaint and reporting | 4 | | information when, at the time the call
or transmission is | 5 | | made, the person knows there is no reasonable ground for
| 6 | | making the call or transmission and further knows that the | 7 | | call or transmission
could result in the emergency response | 8 | | of any public safety agency;
| 9 | | (7) Transmits or causes to be transmitted in any manner | 10 | | a false report to the
Department of Children and Family | 11 | | Services under Section 4 of the Abused and
Neglected Child | 12 | | Reporting Act;
| 13 | | (8) Transmits or causes to be transmitted in any manner | 14 | | a false report to the
Department of Public Health under the | 15 | | Nursing Home Care Act, the Specialized Mental Health | 16 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, | 17 | | or the MC/DD Act;
| 18 | | (9) Transmits or causes to be transmitted in any manner | 19 | | to the police
department or fire department of any | 20 | | municipality or fire protection district,
or any privately | 21 | | owned and operated ambulance service, a false request for | 22 | | an
ambulance, emergency medical technician-ambulance or | 23 | | emergency medical
technician-paramedic knowing at the time | 24 | | there is no reasonable ground for
believing that the | 25 | | assistance is required;
| 26 | | (10) Transmits or causes to be transmitted in any |
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| 1 | | manner a false report under
Article II of Public Act | 2 | | 83-1432;
| 3 | | (11) Enters upon the property of another and for a lewd | 4 | | or unlawful
purpose deliberately looks into a dwelling on | 5 | | the property through any
window or other opening in it; or
| 6 | | (12) While acting as a collection agency as defined in | 7 | | the
Collection Agency Act or as an employee of the | 8 | | collection agency, and
while attempting to collect an | 9 | | alleged debt, makes a telephone call to
the alleged debtor | 10 | | which is designed to harass, annoy or intimidate the
| 11 | | alleged debtor.
| 12 | | (b) Sentence. A violation of subsection (a)(1) of this | 13 | | Section
is a Class C misdemeanor. A violation of subsection | 14 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | 15 | | violation of subsection
(a)(8) or (a)(10) of this Section is a | 16 | | Class B misdemeanor. A violation of
subsection (a)(2), | 17 | | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | 18 | | a Class 4
felony. A
violation of subsection (a)(3) of this | 19 | | Section is a Class 3 felony, for which
a fine of not less than | 20 | | $3,000 and no more than $10,000 shall be assessed in
addition | 21 | | to any other penalty imposed.
| 22 | | A violation of subsection (a)(12) of this Section is a | 23 | | Business Offense and
shall be punished by a fine not to exceed | 24 | | $3,000. A second or subsequent
violation of subsection (a)(7) | 25 | | or (a)(5) of this Section is a Class
4 felony. A third or | 26 | | subsequent violation of subsection (a)(11) of this Section
is a |
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| 1 | | Class 4 felony.
| 2 | | (c) In addition to any other sentence that may be imposed, | 3 | | a court shall
order any person convicted of disorderly conduct | 4 | | to perform community service
for not less than 30 and not more | 5 | | than 120 hours, if community service is
available in the | 6 | | jurisdiction and is funded and approved by the county board of
| 7 | | the county where the offense was committed. In addition, | 8 | | whenever any person
is placed on supervision for an alleged | 9 | | offense under this Section, the
supervision shall be | 10 | | conditioned upon the performance of the community service.
| 11 | | This subsection does not apply when the court imposes a | 12 | | sentence of
incarceration. | 13 | | (d) In addition to any other sentence that may be imposed, | 14 | | the court shall
order any person convicted of disorderly | 15 | | conduct under paragraph (3) of subsection (a) involving a false | 16 | | alarm of a threat that a bomb or explosive device has been | 17 | | placed in a school that requires an emergency response to | 18 | | reimburse the unit of government that employs the emergency | 19 | | response officer or officers that were dispatched to the school | 20 | | for the cost of the response. If the court determines that the | 21 | | person convicted of disorderly conduct that requires an | 22 | | emergency response to a school is indigent, the provisions of | 23 | | this subsection (d) do not apply. | 24 | | (e) In addition to any other sentence that may be imposed, | 25 | | the court shall
order any person convicted of disorderly | 26 | | conduct under paragraph (3.5) or (6) of subsection (a) to |
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| 1 | | reimburse the public agency for the reasonable costs of the | 2 | | emergency response by the public agency up to $10,000. If the | 3 | | court determines that the person convicted of disorderly | 4 | | conduct under paragraph (3.5) or (6) of subsection (a) is | 5 | | indigent, the provisions of this subsection (e) do not apply. | 6 | | (f) For the purposes of this Section, "emergency response" | 7 | | means any condition that results in, or could result in, the | 8 | | response of a public official in an authorized emergency | 9 | | vehicle, any condition that jeopardizes or could jeopardize | 10 | | public safety and results in, or could result in, the | 11 | | evacuation of any area, building, structure, vehicle, or of any | 12 | | other place that any person may enter, or any incident | 13 | | requiring a response by a police officer, a firefighter, a | 14 | | State Fire Marshal employee, or an ambulance. | 15 | | (Source: P.A. 101-238, eff. 1-1-20 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 50 ILCS 750/2 | from Ch. 134, par. 32 | | 4 | | 50 ILCS 750/3 | from Ch. 134, par. 33 | | 5 | | 50 ILCS 750/4 | from Ch. 134, par. 34 | | 6 | | 50 ILCS 750/5 | from Ch. 134, par. 35 | | 7 | | 50 ILCS 750/6 | from Ch. 134, par. 36 | | 8 | | 50 ILCS 750/6.1 | from Ch. 134, par. 36.1 | | 9 | | 50 ILCS 750/6.2 new | | | 10 | | 50 ILCS 750/7 | from Ch. 134, par. 37 | | 11 | | 50 ILCS 750/7.1 new | | | 12 | | 50 ILCS 750/8 | from Ch. 134, par. 38 | | 13 | | 50 ILCS 750/10 | from Ch. 134, par. 40 | | 14 | | 50 ILCS 750/10.1 | from Ch. 134, par. 40.1 | | 15 | | 50 ILCS 750/10.3 | | | 16 | | 50 ILCS 750/14 | from Ch. 134, par. 44 | | 17 | | 50 ILCS 750/15 | from Ch. 134, par. 45 | | 18 | | 50 ILCS 750/15.2 | from Ch. 134, par. 45.2 | | 19 | | 50 ILCS 750/15.2a | from Ch. 134, par. 45.2a | | 20 | | 50 ILCS 750/15.4a | | | 21 | | 50 ILCS 750/15.6 | | | 22 | | 50 ILCS 750/15.6a | | | 23 | | 50 ILCS 750/15.6b | | | 24 | | 50 ILCS 750/17.5 | | | 25 | | 50 ILCS 750/19 | | |
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| 1 | | 50 ILCS 750/20 | | | 2 | | 50 ILCS 750/30 | | | 3 | | 50 ILCS 750/40 | | | 4 | | 50 ILCS 750/45 | | | 5 | | 50 ILCS 750/99 | | | 6 | | 50 ILCS 750/9 rep. | | | 7 | | 50 ILCS 750/13 rep. | | | 8 | | 50 ILCS 750/17 rep. | | | 9 | | 20 ILCS 2605/2605-53 | | | 10 | | 720 ILCS 5/26-1 | from Ch. 38, par. 26-1 |
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