50 ILCS 750/35

(50 ILCS 750/35)

(Section scheduled to be repealed on December 31, 2025)

Sec. 35. 9-1-1 surcharge; allowable expenditures.

(a) Except as otherwise provided in this Act, expenditures from surcharge revenues received under this Act shall be made consistent with 47 CFR 9.23, which include the following:

(1) support and implementation of 9-1-1 services provided by or in the State or taxing jurisdiction imposing the fee or charge; and

(2) operational expenses of public safety answering points within the State. Examples of allowable expenditures include, but are not limited to:

(A) PSAP operating costs, including lease, purchase, maintenance, replacement, and upgrade of customer premises equipment (hardware and software), CAD equipment (hardware and software), and the PSAP building and facility and including NG9-1-1, cybersecurity, pre-arrival instructions, and emergency notification systems. PSAP operating costs include technological innovation that supports 9-1-1;

(B) PSAP personnel costs, including telecommunicators' salaries and training;

(C) PSAP administration, including costs for administration of 9-1-1 services and travel expenses associated with the provision of 9-1-1 services;

(D) integrating public safety and first responder dispatch and 9-1-1 systems, including lease, purchase, maintenance, and upgrade of CAD equipment (hardware and software) to support integrated 9-1-1 and public safety dispatch operations;

(E) providing the interoperability of 9-1-1 systems with one another and with public safety and first responder radio systems; and

(F) costs for the initial acquisition and installation of road or street signs that are essential to the implementation of the Emergency Telephone System and that are not duplicative of signs that are the responsibility of the jurisdiction charged with maintaining road and street signs, as well as costs incurred to reimburse governmental bodies for the acquisition and installation of those signs, except that expenditures may not be used for ongoing expenses associated with sign maintenance and replacement.

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(b) The obligation or expenditure of surcharge revenues received under this Act for a purpose or function inconsistent with 47 CFR 9.23 and this Section shall constitute diversion, which undermines the purpose of this Act by depriving the 9-1-1 system of the funds it needs to function effectively and to modernize 9-1-1 operations. Examples of diversion include, but are not limited to:

(1) transfer of 9-1-1 fees into a State or other jurisdiction's general fund or other fund for non-9-1-1 purposes;

(2) use of surcharge revenues for equipment or infrastructure for constructing or expanding non-public-safety communications networks (e.g., commercial cellular networks); and

(3) use of surcharge revenues for equipment or infrastructure for law enforcement, firefighters, and other public safety or first responder entities that does not directly support providing 9-1-1 services.

(c) In the case of a municipality with a population over 500,000, moneys may also be used for any anti-terrorism or emergency preparedness measures, including, but not limited to, preparedness planning, providing local matching funds for federal or State grants, personnel training, and specialized equipment, including surveillance cameras, as needed to deal with natural and terrorist-inspired emergency situations or events.

(Source: P.A. 103-366, eff. 1-1-24; 103-564, eff. 11-17-23.)