Illinois General Assembly - Full Text of Public Act 096-0025

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Public Act 096-0025

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Public Act 0025 96TH GENERAL ASSEMBLY

Public Act 096-0025

SB0074 Enrolled LRB096 01324 MJR 11332 b

    AN ACT concerning regulation.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Emergency Telephone System Act is amended by
adding Section 15.7 as follows:

    (50 ILCS 750/15.7 new)
    Sec. 15.7. Compliance with certification of 9-1-1 system
providers by the Illinois Commerce Commission. In addition to
the requirements of this Section, all 9-1-1 system providers
must comply with the requirements of Section 13-900 of the
Public Utilities Act.

    Section 10. The Public Utilities Act is amended by adding
Section 13-900 as follows:

    (220 ILCS 5/13-900 new)
    (Section scheduled to be repealed on July 1, 2009)
    Sec. 13-900. Authority to serve as 9-1-1 system provider;
rules.
    (a) The General Assembly finds that it is necessary to
require the certification of 9-1-1 system providers to ensure
the safety of the lives and property of Illinoisans and
Illinois businesses, and to otherwise protect and promote the
public safety, health, and welfare of the citizens of this
State and their property.
    (b) For purposes of this Section:
        "9-1-1 system" has the same meaning as that term is
    defined in Section 2.19 of the Emergency Telephone System
    Act.
        "9-1-1 system provider" means any person, corporation,
    limited liability company, partnership, sole
    proprietorship, or entity of any description whatever that
    acts as a system provider within the meaning of Section
    2.18 of the Emergency Telephone System Act.
        "Emergency Telephone System Board" has the same
    meaning as that term is defined in Sections 2.11 and 15.4
    of the Emergency Telephone System Act.
        "Public safety agency personnel" means personnel
    employed by a public safety agency, as that term is defined
    in Section 2.02 of the Emergency Telephone System Act,
    whose responsibilities include responding to requests for
    emergency services.
    (c) Except as otherwise provided in this Section, beginning
July 1, 2010, it is unlawful for any 9-1-1 system provider to
offer or provide or seek to offer or provide to any emergency
telephone system board or 9-1-1 system, or agent,
representative, or designee thereof, any network and database
service used or intended to be used by any emergency telephone
system board or 9-1-1 system for the purpose of answering,
transferring, or relaying requests for emergency services, or
dispatching public safety agency personnel in response to
requests for emergency services, unless the 9-1-1 system
provider has applied for and received a Certificate of 9-1-1
System Provider Authority from the Commission. The Commission
shall approve an application for a Certificate of 9-1-1 System
Provider Authority upon a showing by the applicant, and a
finding by the Commission, after notice and hearing, that the
applicant possesses sufficient technical, financial, and
managerial resources and abilities to provide network service
and database services that it seeks authority to provide in its
application for service authority, in a safe, continuous, and
uninterrupted manner.
    (d) No incumbent local exchange carrier that provides, as
of the effective date of this amendatory Act of the 96th
General Assembly, any 9-1-1 network and 9-1-1 database service
used or intended to be used by any Emergency Telephone System
Board or 9-1-1 system, shall be required to obtain a
Certificate of 9-1-1 System Provider Authority under this
Section. No entity that possesses, as of the effective date of
this amendatory Act of the 96th General Assembly, a Certificate
of Service Authority and provides 9-1-1 network and 9-1-1
database services to any incumbent local exchange carrier as of
the effective date of this amendatory Act of the 96th General
Assembly shall be required to obtain a Certificate of 9-1-1
System Provider Authority under this Section.
    (e) Any and all enforcement authority granted to the
Commission under this Section shall apply exclusively to 9-1-1
system providers granted a Certificate of Service Authority
under this Section and shall not apply to incumbent local
exchange carriers that are providing 9-1-1 service as of the
effective date of this amendatory Act of the 96th General
Assembly.

    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2009

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