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90_HB0617
20 ILCS 2605/55a from Ch. 127, par. 55a
30 ILCS 105/5.449 new
30 ILCS 105/8.36 new
50 ILCS 750/1) (from Ch. 134, par.31
50 ILCS 750/2.02 from Ch. 134, par. 32.02
50 ILCS 750/2.20 new
50 ILCS 750/2.25 new
50 ILCS 750/2.30 new
50 ILCS 750/5 from Ch. 134, par. 35
50 ILCS 750/6.2 new
50 ILCS 750/6.3 new
50 ILCS 750/14 from Ch. 134, par. 44
50 ILCS 750/15.3 from Ch. 134, par. 45.3
50 ILCS 750/15.3-1 new
50 ILCS 750/15.4 from Ch. 134, par. 45.4
50 ILCS 750/15.4-1 new
Amends the Civil Administrative Code of Illinois, the
State Finance Act, and the Emergency Telephone System Act.
Authorizes the Department of State Police to operate an
emergency wireless phone network and creates the necessary
fund in the State treasury. Establishes the number "9-1-1"
as the primary emergency telephone number when calling for
emergency services from a wireless service. Authorizes the
Illinois Commerce Commission to promulgate rules for the
connection of emergency calls from a wireless service to a
public safety answering point. Establishes a Wireless
Service 9-1-1 Advisory Rules Committee. Authorizes the
Department of State Police to make grants to certain
emergency telephone system boards that provide emergency
wireless services. Imposes a surcharge on bills to
subscribers of wireless services. Makes other changes.
Effective immediately.
LRB9000667MWpcA
LRB9000667MWpcA
1 AN ACT concerning wireless emergency communications.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 55a as follows:
6 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
7 Sec. 55a. Powers and duties.
8 (A) The Department of State Police shall have the
9 following powers and duties, and those set forth in Sections
10 55a-1 through 55c:
11 1. To exercise the rights, powers and duties which have
12 been vested in the Department of Public Safety by the State
13 Police Act.
14 2. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the State
16 Police Radio Act.
17 3. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the
19 Criminal Identification Act.
20 4. To (a) investigate the origins, activities, personnel
21 and incidents of crime and the ways and means to redress the
22 victims of crimes, and study the impact, if any, of
23 legislation relative to the effusion of crime and growing
24 crime rates, and enforce the criminal laws of this State
25 related thereto, (b) enforce all laws regulating the
26 production, sale, prescribing, manufacturing, administering,
27 transporting, having in possession, dispensing, delivering,
28 distributing, or use of controlled substances and cannabis,
29 (c) employ skilled experts, scientists, technicians,
30 investigators or otherwise specially qualified persons to aid
31 in preventing or detecting crime, apprehending criminals, or
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1 preparing and presenting evidence of violations of the
2 criminal laws of the State, (d) cooperate with the police of
3 cities, villages and incorporated towns, and with the police
4 officers of any county, in enforcing the laws of the State
5 and in making arrests and recovering property, (e) apprehend
6 and deliver up any person charged in this State or any other
7 State of the United States with treason, felony, or other
8 crime, who has fled from justice and is found in this State,
9 and (f) conduct such other investigations as may be provided
10 by law. Persons exercising these powers within the Department
11 are conservators of the peace and as such have all the powers
12 possessed by policemen in cities and sheriffs, except that
13 they may exercise such powers anywhere in the State in
14 cooperation with and after contact with the local law
15 enforcement officials. Such persons may use false or
16 fictitious names in the performance of their duties under
17 this paragraph, upon approval of the Director, and shall not
18 be subject to prosecution under the criminal laws for such
19 use.
20 5. To: (a) be a central repository and custodian of
21 criminal statistics for the State, (b) be a central
22 repository for criminal history record information, (c)
23 procure and file for record such information as is necessary
24 and helpful to plan programs of crime prevention, law
25 enforcement and criminal justice, (d) procure and file for
26 record such copies of fingerprints, as may be required by
27 law, (e) establish general and field crime laboratories, (f)
28 register and file for record such information as may be
29 required by law for the issuance of firearm owner's
30 identification cards, (g) employ polygraph operators,
31 laboratory technicians and other specially qualified persons
32 to aid in the identification of criminal activity, and (h)
33 undertake such other identification, information, laboratory,
34 statistical or registration activities as may be required by
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1 law.
2 6. To (a) acquire and operate one or more radio
3 broadcasting stations in the State to be used for police
4 purposes, (b) operate a statewide communications network to
5 gather and disseminate information for law enforcement
6 agencies, (c) operate an electronic data processing and
7 computer center for the storage and retrieval of data
8 pertaining to criminal activity, and (d) undertake such other
9 communication activities as may be required by law.
10 7. To provide, as may be required by law, assistance to
11 local law enforcement agencies through (a) training,
12 management and consultant services for local law enforcement
13 agencies, and (b) the pursuit of research and the publication
14 of studies pertaining to local law enforcement activities.
15 8. To exercise the rights, powers and duties which have
16 been vested in the Department of State Police and the
17 Director of the Department of State Police by the Narcotic
18 Control Division Abolition Act.
19 9. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Illinois Vehicle Code.
22 10. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the Firearm
24 Owners Identification Card Act.
25 11. To enforce and administer such other laws in
26 relation to law enforcement as may be vested in the
27 Department.
28 12. To transfer jurisdiction of any realty title to
29 which is held by the State of Illinois under the control of
30 the Department to any other department of the State
31 government or to the State Employees Housing Commission, or
32 to acquire or accept Federal land, when such transfer,
33 acquisition or acceptance is advantageous to the State and is
34 approved in writing by the Governor.
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1 13. With the written approval of the Governor, to enter
2 into agreements with other departments created by this Act,
3 for the furlough of inmates of the penitentiary to such other
4 departments for their use in research programs being
5 conducted by them.
6 For the purpose of participating in such research
7 projects, the Department may extend the limits of any
8 inmate's place of confinement, when there is reasonable cause
9 to believe that the inmate will honor his or her trust by
10 authorizing the inmate, under prescribed conditions, to leave
11 the confines of the place unaccompanied by a custodial agent
12 of the Department. The Department shall make rules governing
13 the transfer of the inmate to the requesting other department
14 having the approved research project, and the return of such
15 inmate to the unextended confines of the penitentiary. Such
16 transfer shall be made only with the consent of the inmate.
17 The willful failure of a prisoner to remain within the
18 extended limits of his or her confinement or to return within
19 the time or manner prescribed to the place of confinement
20 designated by the Department in granting such extension shall
21 be deemed an escape from custody of the Department and
22 punishable as provided in Section 3-6-4 of the Unified Code
23 of Corrections.
24 14. To provide investigative services, with all of the
25 powers possessed by policemen in cities and sheriffs, in and
26 around all race tracks subject to the Horse Racing Act of
27 1975.
28 15. To expend such sums as the Director deems necessary
29 from Contractual Services appropriations for the Division of
30 Criminal Investigation for the purchase of evidence and for
31 the employment of persons to obtain evidence. Such sums shall
32 be advanced to agents authorized by the Director to expend
33 funds, on vouchers signed by the Director.
34 16. To assist victims and witnesses in gang crime
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1 prosecutions through the administration of funds appropriated
2 from the Gang Violence Victims and Witnesses Fund to the
3 Department. Such funds shall be appropriated to the
4 Department and shall only be used to assist victims and
5 witnesses in gang crime prosecutions and such assistance may
6 include any of the following:
7 (a) temporary living costs;
8 (b) moving expenses;
9 (c) closing costs on the sale of private residence;
10 (d) first month's rent;
11 (e) security deposits;
12 (f) apartment location assistance;
13 (g) other expenses which the Department considers
14 appropriate; and
15 (h) compensation for any loss of or injury to real
16 or personal property resulting from a gang crime to a
17 maximum of $5,000, subject to the following provisions:
18 (1) in the case of loss of property, the
19 amount of compensation shall be measured by the
20 replacement cost of similar or like property which
21 has been incurred by and which is substantiated by
22 the property owner,
23 (2) in the case of injury to property, the
24 amount of compensation shall be measured by the cost
25 of repair incurred and which can be substantiated by
26 the property owner,
27 (3) compensation under this provision is a
28 secondary source of compensation and shall be
29 reduced by any amount the property owner receives
30 from any other source as compensation for the loss
31 or injury, including, but not limited to, personal
32 insurance coverage,
33 (4) no compensation may be awarded if the
34 property owner was an offender or an accomplice of
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1 the offender, or if the award would unjustly benefit
2 the offender or offenders, or an accomplice of the
3 offender or offenders.
4 No victim or witness may receive such assistance if he or
5 she is not a part of or fails to fully cooperate in the
6 prosecution of gang crime members by law enforcement
7 authorities.
8 The Department shall promulgate any rules necessary for
9 the implementation of this amendatory Act of 1985.
10 17. To conduct arson investigations.
11 18. To develop a separate statewide statistical police
12 contact record keeping system for the study of juvenile
13 delinquency. The records of this police contact system shall
14 be limited to statistical information. No individually
15 identifiable information shall be maintained in the police
16 contact statistical record system.
17 19. To develop a separate statewide central adjudicatory
18 and dispositional records system for persons under 19 years
19 of age who have been adjudicated delinquent minors and to
20 make information available to local registered participating
21 police youth officers so that police youth officers will be
22 able to obtain rapid access to the juvenile's background from
23 other jurisdictions to the end that the police youth officers
24 can make appropriate dispositions which will best serve the
25 interest of the child and the community. Information
26 maintained in the adjudicatory and dispositional record
27 system shall be limited to the incidents or offenses for
28 which the minor was adjudicated delinquent by a court, and a
29 copy of the court's dispositional order. All individually
30 identifiable records in the adjudicatory and dispositional
31 records system shall be destroyed when the person reaches 19
32 years of age.
33 20. To develop rules which guarantee the confidentiality
34 of such individually identifiable adjudicatory and
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1 dispositional records except when used for the following:
2 (a) by authorized juvenile court personnel or the
3 State's Attorney in connection with proceedings under the
4 Juvenile Court Act of 1987; or
5 (b) inquiries from registered police youth
6 officers.
7 For the purposes of this Act "police youth officer" means
8 a member of a duly organized State, county or municipal
9 police force who is assigned by his or her Superintendent,
10 Sheriff or chief of police, as the case may be, to specialize
11 in youth problems.
12 21. To develop administrative rules and administrative
13 hearing procedures which allow a minor, his or her attorney,
14 and his or her parents or guardian access to individually
15 identifiable adjudicatory and dispositional records for the
16 purpose of determining or challenging the accuracy of the
17 records. Final administrative decisions shall be subject to
18 the provisions of the Administrative Review Law.
19 22. To charge, collect, and receive fees or moneys
20 equivalent to the cost of providing Department of State
21 Police personnel, equipment, and services to local
22 governmental agencies when explicitly requested by a local
23 governmental agency and pursuant to an intergovernmental
24 agreement as provided by this Section, other State agencies,
25 and federal agencies, including but not limited to fees or
26 moneys equivalent to the cost of providing dispatching
27 services, radio and radar repair, and training to local
28 governmental agencies on such terms and conditions as in the
29 judgment of the Director are in the best interest of the
30 State; and to establish, charge, collect and receive fees or
31 moneys based on the cost of providing responses to requests
32 for criminal history record information pursuant to positive
33 identification and any Illinois or federal law authorizing
34 access to some aspect of such information and to prescribe
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1 the form and manner for requesting and furnishing such
2 information to the requestor on such terms and conditions as
3 in the judgment of the Director are in the best interest of
4 the State, provided fees for requesting and furnishing
5 criminal history record information may be waived for
6 requests in the due administration of the criminal laws. The
7 Department may also charge, collect and receive fees or
8 moneys equivalent to the cost of providing electronic data
9 processing lines or related telecommunication services to
10 local governments, but only when such services can be
11 provided by the Department at a cost less than that
12 experienced by said local governments through other means.
13 All services provided by the Department shall be conducted
14 pursuant to contracts in accordance with the
15 Intergovernmental Cooperation Act, and all telecommunication
16 services shall be provided pursuant to the provisions of
17 Section 67.18 of this Code.
18 All fees received by the Department of State Police under
19 this Act or the Illinois Uniform Conviction Information Act
20 shall be deposited in a special fund in the State Treasury to
21 be known as the State Police Services Fund. The money
22 deposited in the State Police Services Fund shall be
23 appropriated to the Department of State Police for expenses
24 of the Department of State Police.
25 In addition to any other permitted use of moneys in the
26 State Police Services Fund, and notwithstanding any
27 restriction on the use of the Fund, moneys in the State
28 Police Services Fund may be transferred to the General
29 Revenue Fund as authorized by this amendatory Act of 1992.
30 The General Assembly finds that an excess of moneys exists in
31 the Fund. On February 1, 1992, the Comptroller shall order
32 transferred and the Treasurer shall transfer $500,000 (or
33 such lesser amount as may be on deposit in the Fund and
34 unexpended and unobligated on that date) from the Fund to the
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1 General Revenue Fund.
2 Upon the completion of any audit of the Department of
3 State Police as prescribed by the Illinois State Auditing
4 Act, which audit includes an audit of the State Police
5 Services Fund, the Department of State Police shall make the
6 audit open to inspection by any interested person.
7 23. To exercise the powers and perform the duties which
8 have been vested in the Department of State Police by the
9 Intergovernmental Missing Child Recovery Act of 1984, and to
10 establish reasonable rules and regulations necessitated
11 thereby.
12 24. (a) To establish and maintain a statewide Law
13 Enforcement Agencies Data System (LEADS) for the purpose of
14 effecting an immediate law enforcement response to reports of
15 missing persons, including lost, missing or runaway minors.
16 The Department shall implement an automatic data exchange
17 system to compile, to maintain and to make available to other
18 law enforcement agencies for immediate dissemination data
19 which can assist appropriate agencies in recovering missing
20 persons.
21 (b) In exercising its duties under this subsection, the
22 Department shall:
23 (1) provide a uniform reporting format for the
24 entry of pertinent information regarding the report of a
25 missing person into LEADS;
26 (2) develop and implement a policy whereby a
27 statewide or regional alert would be used in situations
28 relating to the disappearances of individuals, based on
29 criteria and in a format established by the Department.
30 Such a format shall include, but not be limited to, the
31 age of the missing person and the suspected circumstance
32 of the disappearance;
33 (3) notify all law enforcement agencies that
34 reports of missing persons shall be entered as soon as
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1 the minimum level of data specified by the Department is
2 available to the reporting agency, and that no waiting
3 period for the entry of such data exists;
4 (4) compile and retain information regarding lost,
5 abducted, missing or runaway minors in a separate data
6 file, in a manner that allows such information to be used
7 by law enforcement and other agencies deemed appropriate
8 by the Director, for investigative purposes. Such
9 information shall include the disposition of all reported
10 lost, abducted, missing or runaway minor cases;
11 (5) compile and maintain an historic data
12 repository relating to lost, abducted, missing or runaway
13 minors and other missing persons in order to develop and
14 improve techniques utilized by law enforcement agencies
15 when responding to reports of missing persons; and
16 (6) create a quality control program regarding
17 confirmation of missing person data, timeliness of
18 entries of missing person reports into LEADS and
19 performance audits of all entering agencies.
20 25. On request of a school board or regional
21 superintendent of schools, to conduct an inquiry pursuant to
22 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
23 an applicant for employment in a school district has been
24 convicted of any criminal or drug offenses enumerated in
25 Section 10-21.9 or 34-18.5 of the School Code. The
26 Department shall furnish such conviction information to the
27 President of the school board of the school district which
28 has requested the information, or if the information was
29 requested by the regional superintendent to that regional
30 superintendent.
31 26. To promulgate rules and regulations necessary for
32 the administration and enforcement of its powers and duties,
33 wherever granted and imposed, pursuant to the Illinois
34 Administrative Procedure Act.
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1 27. To (a) promulgate rules pertaining to the
2 certification, revocation of certification and training of
3 law enforcement officers as electronic criminal surveillance
4 officers, (b) provide training and technical assistance to
5 State's Attorneys and local law enforcement agencies
6 pertaining to the interception of private oral
7 communications, (c) promulgate rules necessary for the
8 administration of Article 108B of the Code of Criminal
9 Procedure of 1963, including but not limited to standards for
10 recording and minimization of electronic criminal
11 surveillance intercepts, documentation required to be
12 maintained during an intercept, procedures in relation to
13 evidence developed by an intercept, and (d) charge a
14 reasonable fee to each law enforcement agency that sends
15 officers to receive training as electronic criminal
16 surveillance officers.
17 28. Upon the request of any private organization which
18 devotes a major portion of its time to the provision of
19 recreational, social, educational or child safety services to
20 children, to conduct, pursuant to positive identification,
21 criminal background investigations of all of that
22 organization's current employees, current volunteers,
23 prospective employees or prospective volunteers charged with
24 the care and custody of children during the provision of the
25 organization's services, and to report to the requesting
26 organization any record of convictions maintained in the
27 Department's files about such persons. The Department shall
28 charge an application fee, based on actual costs, for the
29 dissemination of conviction information pursuant to this
30 subsection. The Department is empowered to establish this
31 fee and shall prescribe the form and manner for requesting
32 and furnishing conviction information pursuant to this
33 subsection. Information received by the organization from the
34 Department concerning an individual shall be provided to such
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1 individual. Any such information obtained by the
2 organization shall be confidential and may not be transmitted
3 outside the organization and may not be transmitted to anyone
4 within the organization except as needed for the purpose of
5 evaluating the individual. Only information and standards
6 which bear a reasonable and rational relation to the
7 performance of child care shall be used by the organization.
8 Any employee of the Department or any member, employee or
9 volunteer of the organization receiving confidential
10 information under this subsection who gives or causes to be
11 given any confidential information concerning any criminal
12 convictions of an individual shall be guilty of a Class A
13 misdemeanor unless release of such information is authorized
14 by this subsection.
15 29. Upon the request of the Department of Children and
16 Family Services, to investigate reports of child abuse or
17 neglect.
18 30. To obtain registration of a fictitious vital record
19 pursuant to Section 15.1 of the Vital Records Act.
20 31. To collect and disseminate information relating to
21 "hate crimes" as defined under Section 12-7.1 of the Criminal
22 Code of 1961 contingent upon the availability of State or
23 Federal funds to revise and upgrade the Illinois Uniform
24 Crime Reporting System. All law enforcement agencies shall
25 report monthly to the Department of State Police concerning
26 such offenses in such form and in such manner as may be
27 prescribed by rules and regulations adopted by the Department
28 of State Police. Such information shall be compiled by the
29 Department and be disseminated upon request to any local law
30 enforcement agency, unit of local government, or state
31 agency. Dissemination of such information shall be subject
32 to all confidentiality requirements otherwise imposed by law.
33 The Department of State Police shall provide training for
34 State Police officers in identifying, responding to, and
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1 reporting all hate crimes. The Illinois Local Governmental
2 Law Enforcement Officer's Training Board shall develop and
3 certify a course of such training to be made available to
4 local law enforcement officers.
5 32. Upon the request of a private carrier company that
6 provides transportation under Section 28b of the Metropolitan
7 Transit Authority Act, to ascertain if an applicant for a
8 driver position has been convicted of any criminal or drug
9 offense enumerated in Section 28b of the Metropolitan Transit
10 Authority Act. The Department shall furnish the conviction
11 information to the private carrier company that requested the
12 information.
13 33. To apply for grants or contracts, receive, expend,
14 allocate, or disburse funds and moneys made available by
15 public or private entities, including, but not limited to,
16 contracts, bequests, grants, or receiving equipment from
17 corporations, foundations, or public or private institutions
18 of higher learning. All funds received by the Department
19 from these sources shall be deposited into the appropriate
20 fund in the State Treasury to be appropriated to the
21 Department for purposes as indicated by the grantor or
22 contractor or, in the case of funds or moneys bequeathed or
23 granted for no specific purpose, for any purpose as deemed
24 appropriate by the Director in administering the
25 responsibilities of the Department.
26 34. Upon the request of the Department of Children and
27 Family Services, the Department of State Police shall provide
28 properly designated employees of the Department of Children
29 and Family Services with criminal history record information
30 as defined in the Illinois Uniform Conviction Information Act
31 and information maintained in the adjudicatory and
32 dispositional record system as defined in subdivision (A)19
33 of this Section if the Department of Children and Family
34 Services determines the information is necessary to perform
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1 its duties under the Abused and Neglected Child Reporting
2 Act, the Child Care Act of 1969, and the Children and Family
3 Services Act. The request shall be in the form and manner
4 specified by the Department of State Police.
5 35. To exercise the powers and perform the duties
6 specifically assigned to the Department under the Emergency
7 Telephone System Act with respect to the development and
8 improvement of emergency communication procedures and
9 facilities in such a manner as to facilitate quick response
10 to any person calling the number "9-1-1" seeking police,
11 fire, medical, or other emergency services through a
12 "wireless carrier" as defined in Section 2.20 of the
13 Emergency Telephone System Act.
14 (B) The Department of State Police may establish and
15 maintain, within the Department of State Police, a Statewide
16 Organized Criminal Gang Database (SWORD) for the purpose of
17 tracking organized criminal gangs and their memberships.
18 Information in the database may include, but not be limited
19 to, the name, last known address, birth date, physical
20 descriptions (such as scars, marks, or tattoos), officer
21 safety information, organized gang affiliation, and entering
22 agency identifier. The Department may develop, in
23 consultation with the Criminal Justice Information Authority,
24 and in a form and manner prescribed by the Department, an
25 automated data exchange system to compile, to maintain, and
26 to make this information electronically available to
27 prosecutors and to other law enforcement agencies. The
28 information may be used by authorized agencies to combat the
29 operations of organized criminal gangs statewide.
30 (C) The Department of State Police may ascertain the
31 number of bilingual police officers and other personnel
32 needed to provide services in a language other than English
33 and may establish, under applicable personnel rules and
34 Department guidelines or through a collective bargaining
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1 agreement, a bilingual pay supplement program.
2 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
3 Section 10. The State Finance Act is amended by adding
4 Section 5.449 and 8.36 as follows:
5 (30 ILCS 105/5.449 new)
6 Sec. 5.449. The State Wireless Service Emergency Fund.
7 (30 ILCS 105/8.36 new)
8 Sec. 8.36. State Wireless Service Emergency Fund.
9 (a) Appropriations from the State Wireless Service
10 Emergency Fund shall be made only to the Department of State
11 Police for use in accordance with Section 15.3-1 of the
12 Emergency Telephone System Act.
13 (b) On November 1, 1997, the State Comptroller and the
14 State Treasurer shall transfer $1,300,000 from the General
15 Revenue Fund to the Wireless Service Emergency Fund. On
16 December 31, 1998, the State Comptroller and State Treasurer
17 shall transfer $1,300,000 from the Wireless Service Emergency
18 Fund to the General Revenue Fund.
19 Section 15. The Emergency Telephone System Act is
20 amended by changing Sections 1, 2.02, 5, 14, 15.3, and 15.4
21 and adding Sections 2.20, 2.25, 2.30, 6.2, 6.3, 15.3-1, and
22 15.4-1 as follows:
23 (50 ILCS 750/1) (from Ch. 134, par. 31)
24 Sec. 1. Purpose. The General Assembly finds and declares
25 that it is in the public interest to shorten the time
26 required for a citizen to request and receive emergency aid.
27 There currently exist thousands of different emergency phone
28 numbers throughout the state, and present telephone exchange
29 boundaries and central office service areas do not
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1 necessarily correspond to public safety and political
2 boundaries. Provision of a single, primary three-digit
3 emergency number through which emergency services can be
4 quickly and efficiently obtained would provide a significant
5 contribution to law enforcement and other public service
6 efforts by making it less difficult to quickly notify public
7 safety personnel. Such a simplified means of procuring
8 emergency services will result in the saving of life, a
9 reduction in the destruction of property, quicker
10 apprehension of criminals, and ultimately the saving of
11 money. The General Assembly further finds and declares that
12 the establishment of a uniform, statewide emergency number is
13 a matter of statewide concern and interest to all inhabitants
14 and citizens of this State. It is the purpose of this Act to
15 establish the number "9-1-1" as the primary emergency
16 telephone number for use in this State and to encourage units
17 of local government and combinations of such units to develop
18 and improve emergency communication procedures and facilities
19 in such a manner as to be able to quickly respond to any
20 person calling the telephone number "9-1-1" seeking police,
21 fire, medical, rescue, and other emergency services. It is
22 also the purpose of this Act to establish the number "9-1-1"
23 as the primary emergency telephone number for use in this
24 State when calling for emergency services from a wireless
25 service.
26 (Source: P.A. 85-978.)
27 (50 ILCS 750/2.02) (from Ch. 134, par. 32.02)
28 Sec. 2.02. Public safety agency. "Public safety agency"
29 means a functional division of a public agency which provides
30 firefighting, police, medical, or other emergency services.
31 For the purpose of providing wireless service to users of
32 9-1-1 emergency services, as expressly provided in this Act,
33 the Department of State Police may be considered a public
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1 safety agency.
2 (Source: P.A. 79-1092.)
3 (50 ILCS 750/2.20 new)
4 Sec. 2.20 Wireless carrier. "Wireless carrier" means:
5 (1) a telecommunications carrier as defined in Section
6 13-202 of the Public Utilities Act that provides 2-way voice
7 or text radio service in this State and that provides dial
8 interconnection to the public switched telephone network and
9 dial access to a 9-1-1 public safety answering point;
10 (2) a provider of cellular telephone service as defined
11 in Section 2.25; and
12 (3) a provider of personal communications network
13 services as defined in Section 2.30.
14 (50 ILCS 750/2.25 new)
15 Sec. 2.25. Cellular telephone service. "Cellular
16 telephone service" means an offering of radio-linked
17 telephone service providing dial tone access to a portable,
18 mobile, or fixed location for which a charge is levied.
19 Cellular providers are those providers operating under the
20 definition as defined by the Federal Communications
21 Commission.
22 (50 ILCS 750/2.30 new)
23 Sec. 2.30 Personal communications network. "Personal
24 communications network (PCN)" means an offering of
25 radio-linked telephone service providing dial tone access to
26 a portable, mobile, or fixed location for which a charge is
27 levied. Personal communications network providers are those
28 providers operating under the definition as defined by the
29 Federal Communications Commission.
30 (50 ILCS 750/5) (from Ch. 134, par. 35)
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1 Sec. 5. Emergency 9-1-1 service.
2 (a) The digits "9-1-1" shall be the primary emergency
3 telephone number within the system, but a public agency or
4 public safety agency shall maintain a separate secondary
5 seven digit emergency backup number for at least six months
6 after the "9-1-1" system is established and in operation, and
7 shall maintain a separate number for nonemergency telephone
8 calls.
9 (b) The digits "9-1-1" shall be the primary emergency
10 telephone number within the wireless system. The digits
11 "*-7-7" shall be the primary nonemergency telephone number
12 within the wireless system.
13 (Source: P.A. 85-978.)
14 (50 ILCS 750/6.2 new)
15 Sec. 6.2. Rules. The Commission shall promulgate rules
16 requiring that every person who dials "9-1-1" from a wireless
17 service shall be connected to an authorized public safety
18 answering point. The rules shall establish uniform technical
19 and operational standards, including standards for directing
20 calls to authorized public safety answering points. Wireless
21 carriers shall have 180 days after the Commission has
22 promulgated final rules to provide access to an authorized
23 public safety answering point in the manner set out in the
24 rules. In no event shall any wireless carrier be liable for
25 any form of damages arising directly or indirectly from the
26 provision of 9-1-1 service.
27 (50 ILCS 750/6.3 new)
28 Sec. 6.3. Wireless Service 9-1-1 Advisory Rules
29 Committee.
30 (a) There is hereby created a Wireless Service 9-1-1
31 Advisory Rules Committee, which shall consist of the
32 following 9 persons:
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1 (1) The Director of State Police, or a person
2 designated by the Director.
3 (2) The Chairman of the Illinois Commerce
4 Commission, or a person designated by the Chairman.
5 (3) The Administrator of the City of Chicago
6 Emergency Communications Center, or a person designated
7 by the Administrator.
8 (4) A sheriff designated by the Illinois Sheriffs'
9 Association.
10 (5) A Police Chief designated by the Illinois
11 Association of Chiefs of Police.
12 (6) A Fire Chief or Emergency Medical Services
13 representative designated by the Illinois Fire Chiefs'
14 Association.
15 (7) The President of the Illinois chapter of the
16 National Emergency Number Association, or a person
17 designated by the President.
18 (8) One person representing and selected by the
19 wireless carriers providing service within the State of
20 Illinois.
21 (9) A person representing the land based carrier
22 designated by the Illinois Telephone Association.
23 (b) The Advisory Rules Committee shall provide
24 information and advise the Illinois Commerce Commission and
25 the General Assembly concerning the design, implementation,
26 and operation of the statewide wireless service emergency
27 9-1-1 system. The Advisory Rules Committee shall address:
28 (1) The criteria used to determine the
29 participation of new public safety answering points in
30 the statewide wireless service emergency 9-1-1 system.
31 (2) At the request of the Commission or the General
32 Assembly, any other matter relating to the design,
33 implementation, and operation of the statewide wireless
34 service emergency 9-1-1 system.
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1 The Advisory Rules Committee shall elect one of its
2 members by majority vote to serve as chairman. The chairman
3 shall serve for a term of 2 years.
4 The Advisory Rules Committee shall meet at the call of
5 the chairman or a majority of its members upon reasonable
6 notice.
7 (50 ILCS 750/14) (from Ch. 134, par. 44)
8 Sec. 14. Purposes; agreements. The General Assembly
9 declares that a major purpose in enacting this Act is to
10 eliminate instances in which a responding emergency service
11 refuses to render aid to the requester because the requester
12 is outside of the jurisdictional boundaries of the emergency
13 service. Therefore, in implementing systems under this Act,
14 all public agencies in a single system shall enter into a
15 joint powers agreement or any other form of written
16 cooperative agreement which is applicable when need arises on
17 a day-to-day basis. Certified notification of the
18 continuation of such agreements shall be made among the
19 involved parties on an annual basis. In addition, such
20 agreements shall be entered into between public agencies and
21 public safety agencies which are part of different systems
22 but whose jurisdictional boundaries are contiguous. The
23 agreements shall provide that, once an emergency unit is
24 dispatched in response to a request through the system, such
25 unit shall render its services to the requesting party
26 without regard to whether the unit is operating outside its
27 normal jurisdictional boundaries.
28 For the purpose of providing wireless 9-1-1 emergency
29 services, the Department of State Police, when acting as a
30 public safety answering point, is exempt from the requirement
31 to enter into an agreement under this Section.
32 Before January 31 of each year, the Department of State
33 Police shall file with the Commission a verification of the
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1 primary and secondary means of dispatch for all Department of
2 State Police public safety answering points.
3 (Source: P.A. 86-101.)
4 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
5 Sec. 15.3. Emergency 9-1-1 system surcharge.
6 (a) The corporate authorities of any municipality or any
7 county may, subject to the limitations of subsections (c),
8 (d), and (h), and in addition to any tax levied pursuant to
9 Section 8-11-2 of the Illinois Municipal Code, impose a
10 monthly surcharge on billed subscribers of network connection
11 provided by telecommunication carriers engaged in the
12 business of transmitting messages by means of electricity
13 originating within the corporate limits of the municipality
14 or county imposing the surcharge at a rate per network
15 connection determined in accordance with subsection (c). A
16 municipality may enter into an intergovernmental agreement
17 with any county in which it is partially located, when the
18 county has adopted an ordinance to impose a surcharge as
19 provided in subsection (c), to include that portion of the
20 municipality lying outside the county in that county's
21 surcharge referendum. If the county's surcharge referendum
22 is approved, the portion of the municipality identified in
23 the intergovernmental agreement shall automatically be
24 disconnected from the county in which it lies and connected
25 to the county which approved the referendum for purposes of a
26 surcharge on telecommunications carriers.
27 (b) For purposes of computing the surcharge imposed by
28 subsection (a), the network connections to which the
29 surcharge shall apply shall be those in-service network
30 connections, other than those network connections assigned to
31 the municipality or county, where the service address for
32 each such network connection or connections is located within
33 the corporate limits of the municipality or county levying
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1 the surcharge. The "service address" shall mean the location
2 of the primary use of the network connection or connections.
3 With respect to network connections provided for use with pay
4 telephone services for which there is no billed subscriber,
5 the telecommunications carrier providing the network
6 connection shall be deemed to be its own billed subscriber
7 for purposes of applying the surcharge.
8 (c) Upon the passage of an ordinance to impose a
9 surcharge under this Section the clerk of the municipality or
10 county shall certify the question of whether the surcharge
11 may be imposed to the proper election authority who shall
12 submit the public question to the electors of the
13 municipality or county in accordance with the general
14 election law; provided that such question shall not be
15 submitted at a consolidated primary election. The public
16 question shall be in substantially the following form:
17 -------------------------------------------------------------
18 Shall the county (or city, village
19 or incorporated town) of.....impose YES
20 a surcharge of up to...¢ per month per
21 network connection, which surcharge will
22 be added to the monthly bill you receive ------------------
23 for telephone or telecommunications
24 charges, for the purpose of installing
25 (or improving) a 9-1-1 Emergency NO
26 Telephone System?
27 -------------------------------------------------------------
28 If a majority of the votes cast upon the public question
29 are in favor thereof, the surcharge shall be imposed.
30 However, if a Joint Emergency Telephone System Board is
31 to be created pursuant to an intergovernmental agreement
32 under Section 15.4, the ordinance to impose the surcharge
33 shall be subject to the approval of a majority of the total
34 number of votes cast upon the public question by the electors
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1 of all of the municipalities or counties, or combination
2 thereof, that are parties to the intergovernmental agreement.
3 The referendum requirement of this subsection (c) shall
4 not apply to any municipality with a population over 500,000
5 or to any county in which a proposition as to whether a
6 sophisticated 9-1-1 Emergency Telephone System should be
7 installed in the county, at a cost not to exceed a specified
8 monthly amount per network connection, has previously been
9 approved by a majority of the electors of the county voting
10 on the proposition at an election conducted before the
11 effective date of this amendatory Act of 1987.
12 (d) A county may not impose a surcharge, unless
13 requested by a municipality, in any incorporated area which
14 has previously approved a surcharge as provided in subsection
15 (c) or in any incorporated area where the corporate
16 authorities of the municipality have previously entered into
17 a binding contract or letter of intent with a
18 telecommunications carrier to provide sophisticated 9-1-1
19 service through municipal funds.
20 (e) A municipality or county may at any time by
21 ordinance change the rate of the surcharge imposed under this
22 Section if the new rate does not exceed the rate specified in
23 the referendum held pursuant to subsection (c).
24 (f) The surcharge authorized by this Section shall be
25 collected from the subscriber by the telecommunications
26 carrier providing the subscriber the network connection as a
27 separately stated item on the subscriber's bill.
28 (g) The amount of surcharge collected by the
29 telecommunications carrier shall be paid to the particular
30 municipality or county or Joint Emergency Telephone System
31 Board not later than 30 days after the surcharge is
32 collected, net of any network or other 9-1-1 or sophisticated
33 9-1-1 system charges then due the particular
34 telecommunications carrier, as shown on an itemized bill.
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1 The telecommunications carrier collecting the surcharge shall
2 also be entitled to deduct 3% of the gross amount of
3 surcharge collected to reimburse the telecommunications
4 carrier for the expense of accounting and collecting the
5 surcharge.
6 (h) A municipality with a population over 500,000 may
7 not impose a monthly surcharge in excess of $1.25 per network
8 connection.
9 (i) Any municipality or county or joint emergency
10 telephone system board that has imposed a surcharge pursuant
11 to this Section prior to the effective date of this
12 amendatory Act of 1990 shall hereafter impose the surcharge
13 in accordance with subsection (b) of this Section.
14 (j) The corporate authorities of any municipality or
15 county may issue, in accordance with Illinois law, bonds,
16 notes or other obligations secured in whole or in part by the
17 proceeds of the surcharge described in this Section.
18 Notwithstanding any change in law subsequent to the issuance
19 of any bonds, notes or other obligations secured by the
20 surcharge, every municipality or county issuing such bonds,
21 notes or other obligations shall be authorized to impose the
22 surcharge as though the laws relating to the imposition of
23 the surcharge in effect at the time of issuance of the bonds,
24 notes or other obligations were in full force and effect
25 until the bonds, notes or other obligations are paid in full.
26 The State of Illinois pledges and agrees that it will not
27 limit or alter the rights and powers vested in municipalities
28 and counties by this Section to impose the surcharge so as to
29 impair the terms of or affect the security for bonds, notes
30 or other obligations secured in whole or in part with the
31 proceeds of the surcharge described in this Section.
32 (k) Any surcharge collected by or imposed on a
33 telecommunications carrier pursuant to this Section shall be
34 held to be a special fund in trust for the municipality,
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1 county or Joint Emergency Telephone Board imposing the
2 surcharge. Except for the 3% deduction provided in
3 subsection (g) above, the special fund shall not be subject
4 to the claims of creditors of the telecommunication carrier.
5 (1) This Section does not apply to wireless carriers or
6 services.
7 (Source: P.A. 86-101; 86-1344.)
8 (50 ILCS 750/15.3-1 new)
9 Sec. 15.3-1. Wireless carrier surcharge.
10 (a) A monthly surcharge for 9-1-1 emergency service is
11 imposed on billed subscribers of wireless service. The
12 amount of the surcharge shall be equal to the surcharge
13 established by the appropriate jurisdiction from time to time
14 under Section 15.3. For any jurisdiction not having
15 established a surcharge under Section 15.3, the surcharge
16 rate shall be 95 cents per month. The surcharge shall apply
17 to each in-service wireless telephone number for which a the
18 billed line is in this State and shall be collected from the
19 subscriber by the wireless carrier that provides the wireless
20 service to the subscriber. The surcharge shall not be deemed
21 a vendee tax. The surcharge shall be stated as a separate
22 item on the subscriber's bill. The wireless carrier shall
23 begin collecting the surcharge within 90 days after the
24 effective date of this amendatory Act of 1997.
25 (b) The wireless carrier collecting the surcharge may
26 retain 3% of the surcharge moneys collected by it each month
27 as reimbursement for its expenses incurred in collecting the
28 surcharge, including accounting expenses.
29 (c) Except as provided in subsection (b), all surcharge
30 moneys collected by the wireless carrier shall be remitted
31 not later than 30 days after being collected to the Emergency
32 Telephone System Board established under Section 15.4 of this
33 Act that has jurisdiction over the billing address of the
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1 wireless service subscriber from whom the surcharge was
2 collected, or in the absence of an Emergency Telephone System
3 Board to the appropriate governmental entity whose public
4 service answering points provide 9-1-1 wireless service to
5 the billing address of the wireless service subscriber from
6 whom the surcharge was collected. Where there is no
7 Emergency Telephone System Board or governmental entity, the
8 surcharge shall be remitted to the Department of State Police
9 to be deposited into the State Wireless Service Emergency
10 Fund, an interest-bearing special fund established in the
11 State treasury.
12 (d) Moneys in the State Wireless Service Emergency Fund
13 shall be used by the Department of State Police, subject to
14 appropriation, only for the design, implementation, and
15 operation of wireless 9-1-1 emergency services and for making
16 grants under subsection (e) of this Section.
17 (e) Moneys in the State Wireless Service Emergency Fund
18 may be used by the Department of State Police, subject to
19 appropriation, for the purpose of making grants to emergency
20 telephone system boards established under Section 15.4 to be
21 used for the design, implementation, and operation of
22 wireless 9-1-1 emergency services. The Department may
23 establish the terms and conditions of these grants by rule.
24 (f) Moneys from the State Wireless Service Emergency
25 Fund may not be used to pay for any costs relating to the
26 construction of any new building.
27 No more than 10% of the money received by the Department
28 of State Police or any grantee for the State Wireless Service
29 Emergency Fund in any year may be used to pay for any costs
30 relating to the leasing, modification, or maintenance of any
31 building or facility used to house personnel or equipment
32 associated with the operation of wireless 9-1-1 emergency
33 services.
34 Moneys from the State Wireless Service Emergency Fund may
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1 not be used to pay for or recover any costs associated with
2 public safety agency equipment or personnel dispatched in
3 response to wireless 9-1-1 emergency calls.
4 (g) Because of the highly competitive nature of the
5 wireless telephone industry, a public disclosure of
6 information about surcharge moneys paid by wireless carriers
7 could have the effect of stifling competition to the
8 detriment of the public. Therefore, the Department of State
9 Police and other governmental agencies with access to such
10 information shall take appropriate steps to prevent public
11 disclosure of such information.
12 (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
13 Sec. 15.4. Emergency Telephone System Board; powers.
14 (a) The corporate authorities of any county or
15 municipality that imposes a surcharge under Section 15.3
16 shall establish an Emergency Telephone System Board. The
17 corporate authorities shall provide for the manner of
18 appointment and the number of members of the Board, provided
19 that the board shall consist of not fewer than 5 members, one
20 of whom may be a public member who is a resident of the local
21 exchange service territory included in the 9-1-1 coverage
22 area, one of whom (in counties with a population less than
23 100,000) may be a member of the county board, and at least 3
24 of whom shall be representative of the 9-1-1 public safety
25 agencies, including but not limited to police departments,
26 fire departments, emergency medical services providers, and
27 emergency services and disaster agencies, and appointed on
28 the basis of their ability or experience. Elected officials
29 are also eligible to serve on the board. Members of the
30 board shall serve without compensation but shall be
31 reimbursed for their actual and necessary expenses. Any 2 or
32 more municipalities, counties, or combination thereof, that
33 impose a surcharge under Section 15.3 may, instead of
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1 establishing individual boards, establish by
2 intergovernmental agreement a Joint Emergency Telephone
3 System Board pursuant to this Section. The manner of
4 appointment of such a joint board shall be prescribed in the
5 agreement.
6 (b) The powers and duties of the board shall be defined
7 by ordinance of the municipality or county, or by
8 intergovernmental agreement in the case of a joint board.
9 The powers and duties shall include, but need not be limited
10 to the following:
11 (1) Planning a 9-1-1 system.
12 (2) Coordinating and supervising the
13 implementation, upgrading, or maintenance of the system,
14 including the establishment of equipment specifications
15 and coding systems.
16 (3) Receiving moneys monies from the surcharge
17 imposed under Sections 15.3, 15.3-1, and from any other
18 source, for deposit into the Emergency Telephone System
19 Fund.
20 (4) Authorizing all disbursements from the fund.
21 (5) Hiring any staff necessary for the
22 implementation or upgrade of the system.
23 (c) All moneys monies received by a board pursuant to a
24 surcharge imposed under Section 15.3, or Section 15.3-1, or
25 from a grant under Section 15-3.1 shall be deposited into a
26 separate interest-bearing Emergency Telephone System Fund
27 account. The treasurer of the municipality or county that has
28 established the board or, in the case of a joint board, any
29 municipal or county treasurer designated in the
30 intergovernmental agreement, shall be custodian of the fund.
31 All interest accruing on the fund shall remain in the fund.
32 No expenditures may be made from such fund except upon the
33 direction of the board by resolution passed by a majority of
34 all members of the board. Expenditures may be made only to
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1 pay for the costs associated with the following:
2 (1) The design of the Emergency Telephone System.
3 (2) The coding of an initial Master Street Address
4 Guide data base, and update and maintenance thereof.
5 (3) The repayment of any moneys monies advanced for
6 the implementation of the system.
7 (4) The charges for Automatic Number Identification
8 and Automatic Location Identification equipment, mobile
9 data transmitters equipped with automatic vehicle
10 locators, and maintenance, replacement and update
11 thereof.
12 (5) The non-recurring charges related to
13 installation of the Emergency Telephone System and the
14 ongoing network charges.
15 (6) The acquisition and installation, or the
16 reimbursement of costs therefor to other governmental
17 bodies that have incurred those costs, of road or street
18 signs that are essential to the implementation of the
19 emergency telephone system and that are not duplicative
20 of signs that are the responsibility of the jurisdiction
21 charged with maintaining road and street signs.
22 (7) Other products and services necessary for the
23 implementation, upgrade, and maintenance of the system
24 and any other purpose related to the operation of the
25 system, including liability insurance, attorney's fees,
26 and costs attributable directly to the construction,
27 leasing, or maintenance of any buildings or facilities or
28 costs of personnel attributable directly to the operation
29 of the system. Costs attributable directly to the
30 operation of an emergency telephone system do not include
31 the costs of public safety agency personnel who are and
32 equipment that is dispatched in response to an emergency
33 call.
34 Moneys received from grants under this Section shall be
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1 expended only in accordance with the terms of the grants.
2 (d) The board shall complete the data base before
3 implementation of the 9-1-1 system. The error ratio of the
4 data base shall not at any time exceed 1% of the total data
5 base.
6 (Source: P.A. 88-497; 89-568, eff. 1-1-97.)
7 (50 ILCS 750/15.4-1 new)
8 Sec. 15.4-1. Wireless public safety answering points
9 for the purpose of providing wireless 9-1-1 emergency
10 services. An emergency telephone system board, or in the
11 absence of an emergency telephone system board a qualified
12 governmental entity, may declare its intention for one or
13 more of its public safety answering points to serve as a
14 primary wireless 9-1-1 public safety answering point for its
15 jurisdiction by notifying the chief clerk of the Illinois
16 Commerce Commission and the Director of the Department of
17 State Police in writing within 6 months after the effective
18 date of this amendatory Act of 1997 or within 6 months after
19 filing its petition for a 9-1-1 system with the chief clerk
20 of the Illinois Commerce Commission. The Department of State
21 Police may be the primary wireless 9-1-1 public safety
22 answering point for any jurisdiction not providing notice to
23 the Commission and the Department of State Police. The
24 Department of State Police may grant authority to a qualified
25 governmental entity or emergency telephone system board to
26 provide wireless 9-1-1 service in areas for which the
27 Department of State Police has accepted wireless 9-1-1
28 responsibility.
29 Wireless public safety answering points operating before
30 the effective date of this amendatory Act of 1997 may
31 continue to operate upon notification as previously described
32 in this Section until the Illinois Commerce Commission issues
33 a determination that the public safety answering point does
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1 not meet criteria required for authorization.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.