(DRAFT)
Starting with page 16 ofdraft….”An Act concerning emergencycommunications”…..
(30 ILCS 105/5. 401 new)
Sec. 5.401. The State WirelessService Emergency Fund
(30 ILCS 105/8. 36 new)
Sec. 8.36 State WirelessService Emergency Fund.
Appropriations from the StateWireless Emergency Fund shall be made only to the Department ofState Police for use in accordance with Section 15.3-1 of theEmergency Telephone System Act.
Section 15. The EmergencyTelephone System Act is amended by changing Sections 1, 2.02, 5,14, 15.3, and 15.4 and adding Sections 2.20, 2.25, 2.30, 6.2,6.3, 15.3-1, and 15.4-1 as follows:
(50 ILCS 750/1) (from Ch. 134,par. 31)
Sec. 1. Purpose. TheGeneral Assembly finds and declares that it is in the publicinterest to shorten the time required for a citizen to requestand receive emergency aid. There currently exist thousands ofdifferent emergency phone numbers throughout the state, andpresent telephone exchange boundaries and central office serviceareas do not necessarily correspond to public safety andpolitical boundaries. Provision of a single, primary three-digitemergency number through which emergency services can be quicklyand efficiently obtained would provide a significant contributionto law enforcement and other public service efforts by making itless difficult to quickly notify public safety personnel. Such asimplified means of procuring emergency services will result inthe saving of life, a reduction in the destruction of property,quicker apprehension of criminals, and ultimately the saving ofmoney. The General Assembly further finds and declares that theestablishment of a uniform, statewide emergency number is amatter of statewide concern and interest to all inhabitants andcitizens of this State. It is the purpose of this Act toestablish the number “9-1-1” as the primary emergencytelephone number for use in this State and to encourage units oflocal government and combinations of such units to develop andimprove emergency communications procedures and facilities insuch a manner as to be able to quickly respond to any personcalling the telephone number “9-1-1” seeking police,fire, medical, rescue, and other emergency services. It isalso the purpose of this Act to establish the number”9-1-1″ as the primary emergency telephone number foruse in this State when calling for emergency services from awireless service.
(Source: P.A. 85-978.)
(50 ILCS 750/2.02) (from Ch. 134,par. 32.02)
Sec. 2.02. Public safetyagency. “Public safety agency” means a functionaldivision of a public agency which provides firefighting, police,medical, or other emergency services. For the purpose ofproviding wireless service to users of
9-1-1 emergency services, asexpressly provided in this Act, the Department of State Policemay be considered a public safety agency.
(Source: P.A. 79-1092)
(50 ILCS 750/2.20 new)
Sec. 2.20. Wireless carrier.”Wireless carrier” means:
(1) a telecommunicationscarrier as defined in section 13-202 of the Public Utilities Actthat provides two-way voice or text radio service in this Stateand that provides dial interconnection to the public switchedtelephone network and dial access to a 9-1-1 public safetyanswering point;
(2) a provider of cellulartelephone service as defined in Section 2.25; and
(3) a provider of personalcommunications network services as defined in Section 2.30.
(50 ILCS 750/2.25 new)
Sec. 2.25. Cellular telephoneservice. “Cellular telephone service” means an offeringof radio-linked telephone service providing dial tone access to aportable, mobile, or fixed location for which a charge is levied.Cellular providers are those providers operating under thedefinition as defined by the Federal Communications Commission.
(50 ILCS 750/2.30 new)
Sec. 2.30. Personalcommunications network. “Personal communications network(PCN)” means an offering of radio-linked telephone serviceproviding dial tone access to a portable, mobile, or fixedlocation for which a charge is levied. Personal communicationsnetwork providers are those providers operating under thedefinition as defined by the Federal Communications Commission.
(5) ILCS 750/5 (from Ch. 134, par.35)
Sec. 5. Emergency 9-1-1Service.
(a) The digits “9-1-1″shall be the primary emergency telephone number within thesystem, but a public agency or public safety agency shallmaintain a separate secondary seven digit emergency backup numberfor at least six months after the
“9-1-1” system isestablished and in operation, and shall maintain a separatenumber for nonemergency telephone calls.
(b) The digits”9-1-1″ shall be the primary emergency telephone numberwithin the wireless system. The digits “*-7-7” shall bethe primary nonemergency telephone number within the wirelesssystem.
(Source: P.A. 85-978.)
(50 ILCS 750/6.2 new)
(Sec. 6.2. Rules; wirelessservice surcharge rate. The Commission shall promulgate rulesrequiring that every person who dials “9-1-1” from awireless service shall be connected to an authorized publicsafety answering point. The rules shall establish uniformtechnical and operational standards; including standards fordirecting calls to authorized public safety answering points.Wireless carriers shall have 180 days after the Commission haspromulgated final rules to provide access to an authorized publicsafety answering point in the manner set out in the rules. In noevent shall any wireless carrier be liable for any form ofdamages arising directly or indirectly from the provision of9-1-1 service.
(50 ILCS 750/6.3 new)
Sec. 6.3. Wireless Service9-1-1 Advisory Rules Committee.
(a) There is hereby created aWireless Service 9-1-1 Advisory Rules Committee, which shallconsist of the following 9 persons:
(1) The Director of StatePolice, or a person designated by the Director.
(2) The Chairman of theIllinois Commerce Commission, or a person designated by theChairman.
(3) The Administrator of theCity of Chicago Emergency Communications Center, or a persondesignated by the Administrator.
(4) A sheriff designated by theIllinois Sheriffs’ Association.
(5) A Police Chief designatedby the Illinois Association of Chiefs of Police.
(6) A Fire Chief or EmergencyMedical Services representative designated by the Illinois FireChiefs’ Association.
(7) The President of theIllinois chapter of the National Emergency Number Association ora person designated by the president.
(8) One person representing andselected from among the following wireless carriers or theirsuccessors; Southwestern Bell Mobile Systems, Ameritech MobileCommunications, Contel Cellular, Centel Cellular, United StatesCellular, Comcast Cellular, Cellular One and First Cellular.
(9) A person representing theland based carrier designated by the Illinois TelephoneAssociation.
(b) The Advisory RulesCommittee shall provide information and advise the IllinoisCommerce Commission and the General Assembly concerning thedesign, implementation, and operation of the statewide wirelessservice emergency 9-1-1 system. The Advisory Rules Committeeshall address:
(1) The criteria used todetermine the participation of new public safety answering pointsin the statewide wireless service emergency 9-1-1 system.
(2) At the request of theCommission or the General Assembly, any other matter relating tothe design, implementation, and operation of the statewidewireless service emergency 9-1-1 system.
The Advisory Rules Committeeshall elect one of its members by majority vote to serve aschairman.
The Advisory Rules Committeeshall meet at the call of the chairman upon reasonable notice.
(50 ILCS 750/14) (from Ch. 134,par. 44)
Sec. 14. Purposes; agreements.The General Assembly declares that a major purpose in enactingthis Act is to eliminate instances in which a respondingemergency service refuses to render aid to the requester becausethe requester is outside of the jurisdictional boundaries of theemergency service. Therefore, in implementing systems under thisAct, all public agencies in a single system shall enter into ajoint powers agreement or any other form of written cooperativeagreement which is applicable when need arises on a day-to-daybasis. Certified notificaton of the continuation of suchagreements shall be made among the involved parties on an annualbasis. In addition, such agreements shall be entered into betweenpublic agencies and public safety agencies which are part ofdifferent systems but whose jurisdictional boundaries arecontiguous. The agreements shall provide that, once an emergencyunit is dispatched in response to a request through the system,such unit shall render its services to the requesting partywithout regard to whether the unit is operating outside itsnormal jurisdictional boundaries.
For the purpose of providingwireless 9-1-1 emergency services, the Department of StatePolice, when acting as a public safety answering point, is exemptfrom the requirement to enter into an agreement under thisSection.
Before January 31 of each year,the Department of State police shall file with the Commission averification of the primary and secondary means of dispatch forall Department of State Police public safety answering points.
(Source: P.A. 86-101.)
(50 ILCS 750/15.3) (from Ch. 134,par. 45.3)
Sec. 15.3. Emergency 9-1-1system surcharge.
(a) The corporate authorities ofany municipality or any county may, subject to the limitations ofsubsections (c), (d), and (h), and in addition to any tax leviedpursuant to Section 8-11-2 of the Illinois Municipal Code, imposea monthly surcharge on billed subscribers of network connectionprovided by telecommunication carriers engaged in the business oftransmitting messages by means of electricity originating withinthe corporate limits of the municipality or county imposing thesurcharge at a rate per network connection determined inaccordance with subsection (c). A municipality may enter into anintergovernmental agreement with any county in which it ispartially located, when the county had adopted an ordinance toimpose a surcharge as provided in subsection (c), to include thatportion of the municipality lying outside the county in thatcounty’s surcharge referendum. If the county’ssurcharge referendum is approved, the portion of the municipalityidentified in the intergovernmental agreement shall automaticallybe disconnected from the county in which it lies and connected tothe county which approved the referendum for purposes of asurcharge on telecommunications carriers.
(b) For purpose of computing thesurcharge imposed by subsection (a), the network connections towhich the surcharge shall apply shall be those in-service networkconnections, other than those network connections assigned to themunicipality or county, where the service address for each suchnetwork connection or connections is located within the corporatelimits of the municipality or county levying the surcharge. The”service address” shall mean the location of theprimary use of the network connection or connections. Withrespect to network connections provided for use with paytelephone services for which there is no billed subscriber, thetelecommunications carrier providing the network connection shallbe deemed to be its own billed subscriber for purposes ofapplying the surcharge.
(c) Upon the passage of anordinance to impose a surcharge under this Section the clerk ofthe municipality or county shall certify the question of whetherthe surcharge may be imposed to the proper election authority whoshall submit the public question to the electors of themunicipality or county in accordance with the general electionlaw; provided that such question shall not be submitted at aconsolidated primary election. The public question shall be insubstantially the following form:
– – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — – – – – – – – – –
Shall the county (or city, village
or incorporated town) of…imposeYes
a surcharge of up to $…per monthper network
connection, which surcharge willbe added to the – – – – – – – – – – – –
monthly bill you receive fortelephone or
telecommunications charges, forthe purpose
of installing (or improving) a9-1-1 Emergency No
Telephone System?
– – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – — – – – – – – – – –
If a majority of the votes castupon the public question are in favor thereof, the surchargeshall be imposed.
However, if a Joint EmergencyTelephone System Board is to be created pursuant to anintergovernmental agreement under Section 15.4, the ordinance toimpose the surcharge shall be subject to the approval of amajority of the total number of votes cast upon the publicquestion by the electors of all of the municipalities orcounties, or combination thereof, that are parties to theintergovernmental agreement.
The referendum requirement of thissubsection (c) shall not apply to any municipality with apopulation over 500,000 or to any county in which a propositionas to whether a sophisticated 9-1-1 Emergency Telephone Systemshould be installed in the county, at a cost not to exceed aspecified monthly amount per network connection, has previouslybeen approved by a majority of the electors of the county votingon the proposition at an election conducted before the effectivedate of this amendatory Act of 1987.
(d) A county may not impose asurcharge, unless requested by a municipality, in anyincorporated area which has previously approved a surcharge asprovided in subsection (c) or in any incorporated area where thecorporate authorities of the municipality have previously enteredinto a binding contract or letter of intent with atelecommunications carrier to provide sophisticated 9-1-1 servicethrough municipal funds.
(e) A municipality or county mayat any time by ordinance change the rate of the surcharge imposedunder this Section if the new rate does not exceed the ratespecified in the referendum held pursuant to subsection (c).
(f) The surcharge authorized bythis Section shall be collected from the subscriber by thetelecommunications carrier providing the subscriber the networkconnection as a separately stated item on the subscriber’sbill.
(g) The amount of the surchargecollected by the telecommunications carrier shall be paid to theparticular municipality or county or Joint Emergency TelephoneSystem Board not later than 30 days after the surcharge iscollected, net of any network or other 9-1-1 or sophisticated9-1-1 system charges then due the particular telecommunicationscarrier, as shown on an itemized bill. The telecommunicationscarrier collecting the surcharge shall also be entitled to deduct3% of the gross amount of surcharge collected to reimburse thetelecommunications carrier for the expense of accounting andcollecting the surcharge.
(h) A municipality with apopulation over 500,000 may not impose a monthly surcharge inexcess of $1.25 per network connection.
(I) Any municipality or county orjoint emergency telephone system board that has imposed asurcharge pursuant to this Section prior to the effective date ofthis amendatory Act of 1990 shall hereafter impose the surchargein accordance with subsection (b) of this section.
(j) The corporate authorities ofany municipality or county may issue, in accordance with Illinoislaw, bonds, notes or other obligations secured in whole or inpart by the proceeds of the surcharge described in this Section.Notwithstanding any change in law subsequent to the issuance ofany bonds, notes or other obligations secured by the surcharge,every municipality or county issuing such bonds, notes or otherobligations shall be authorized to impose the surcharge as thoughthe laws relating to the imposition of the surcharge in effect atthe time of issuance of the bonds, notes or other obligationswere in full force and effect until the bonds, notes or otherobligations are paid in full. The State of Illinois pledges andagrees that it will not limit or alter the rights and powersvested in municipalities and counties by this Section to imposethe surcharge so as to impair the terms of or affect the securityfor bonds, notes or other obligations secured in whole or in partwith the proceeds of the surcharge described in this Section.
(k) Any surcharge collected by orimposed on a telecommunications carrier pursuant to this Sectionshall be held to be a special fund in trust for the municipality,county or Joint Emergency Telephone Board imposing the surcharge.Except for the 3% deduction provided in subsection (g) above, thespecial fund shall not be subject to the claims of creditors ofthe telecommunications carrier.
(1) This section does not applyto wireless carriers or services.
(Source: P.A. 86-101; 86-1344.)
(50 ILCS 750/15.3-1 new)
Sec. 15.3-1. Wireless carriersurcharge.
(a) A monthly surcharge for9-1-1 emergency service is hereby imposed on billed subscribersof wireless service. The amount of the surcharge shall be equalto the surcharge established by the appropriate jurisdiction fromtime to time under Section 15.3. For any jurisdiction not havingestablished a surcharge pursuant to Section 15.3, the surchargerate shall be 95 cents per month. The surcharge shall apply toeach in-service wireless telephone number for which the billedline is in this State and shall be collected from the subscriberby the wireless carrier that provides the wireless service to thesubscriber. The surcharge shall not be deemed a vendee tax. Thesurcharge shall be stated as a separate item on thesubscriber’s bill. The wireless carrier shall begincollecting the surcharge within 90 days after the effective dateof this amendatory act of 1996.
(b) The wireless carriercollecting the surcharge may retain 3% of the surcharge moneyscollected by it each month as reimbursement for its expensesincurred in collecting the surcharge, including accountingexpenses.
(c) Except as provided insubsection (b), all surcharge moneys collected by the wirelesscarrier shall be remitted, not later than 30 days after beingcollected, to the Emergency Telephone System Board establishedpursuant to Section 15.4 of this Act which has jurisdiction overthe billing address of the wireless service subscriber from whomthe surcharge was collected, or in the absence of an EmergencyTelephone System Board to the appropriate governmental entitywhose public service answering point (s) provides 9-1-1 wirelessservice to the billing address of the wireless service subscriberfrom whom the surcharge was collected.. Or, where there is nosuch Emergency Telephone System Board or governmental entity, tothe Department of State Police to be deposited into the StateWireless Service Emergency Fund, an interest-bearing special fundhereby established in the State treasury.
(d) Moneys in the StateWireless Service Emergency Fund shall be used by the Departmentof State Police, subject to appropriation, only for the design,implementation, and operation of wireless 9-1-1 emergencyservices and for making grants under subsection (e) of thissection.
(e) Moneys in the StateWireless Service Emergency Fund may be used by the Department ofState Police, subject to appropriation, for the purpose of makinggrants to emergency telephone system boards established underSection 15.4 to be used for the design, implementation, andoperation of wireless 9-1-1 emergency services. The Departmentmay establish the terms and conditions of these grants by rule.
(f) Moneys from the StateWireless Service Emergency Fund may not be used to pay for anycosts relating to the construction of any new building.
No more than 10% of the moneyreceived by the Department of State Police or any grantee for theState Wireless Service Emergency Fund in any year may be used topay for any costs relating to the leasing, modification, ormaintenance of any building or facility used to house personnelor equipment associated with the operation of wireless 9-1-1emergency services.
Moneys from the State WirelessService Emergency Fund may not be used to pay for or recover anycosts associated with public safety agency equipment or personneldispatched in response to wireless 9-1-1 emergency calls.
(g) Because of the highlycompetitive nature of the wireless telephone industry, a publicdisclosure of information about surcharge moneys paid by wirelesscarriers could have the effect of stifling competition to thedetriment of the public. Therefore, the Department of StatePolice and other governmental agencies with access to suchinformation shall take appropriate steps to prevent publicdisclosure of such information.
(50 ILCS 750/15.4) (from Ch. 134,par. 45.4)
Sec. 15.4. Emergency TelephoneSystem Board; powers.
(a) The corporate authorities ofany county or municipality that imposes a surcharge under Section15.3. shall establish an Emergency Telephone System Board. Thecorporate authorities shall provide for the manner of appointmentand the number of members of the Board, provided that the boardshall consist of not fewer than 5 members, one of whom may be apublic member who is a resident of the local exchange serviceterritory included in the 9-1-1 coverage area, one of whom (incounties with a population less than 100,000 ) may be a member ofthe county board, and at least 3 of whom shall be representativeof the 9-1-1 public safety agencies, including but not limited topolice departments, fire departments, emergency medical servicesproviders, and emergency services and disaster agencies, andappointed on the basis of their ability or experience. Electedofficials are also eligible to serve on the board. Members of theboard shall serve without compensation but shall be reimbursedfor their actual and necessary expenses. Any 2 or moremunicipalities, counties, or combination thereof, that impose asurcharge under Section 15.3 may, instead of establishingindividual boards, establish by intergovernmental agreement, aJoint Emergency Telephone System Board pursuant to this Section.The manner of appointment of such a joint board shall beprescribed in the agreement.
(b) The powers and duties of theboard shall be defined by ordinance of the municipality orcounty, or by intergovernmental agreement in the case of a jointboard. The powers and duties shall include, but need not belimited to the following:
(1) Planning a 9-1-1 system.
(2) Coordinating and supervisingthe implementation, upgrading or maintenance of the system,including the establishment of equipment specifications andcoding systems.
(3) Receiving moneys fromsurcharge imposed under Sections 15.3, 15.3-1,
and from any other source fordeposit into the Emergency Telephone System Fund.
(4) Authorizing all disbursementsfrom the fund.
(5) Hiring any staff necessary forthe implementation or upgrade of the system.
(c) All moneys received bya board from a surcharge imposed under Section 15.3,Section 15.3-1, or from a grant under Section 15-3.1 shall bedeposited into a separate interest-bearing Emergency TelephoneSystem Fund account. The treasurer of the municipality orcounty that has established the board or, in the case of a jointboard, any municipal or county treasurer designated in theintergovernmental agreement, shall be custodian of the fund. Allinterest accruing on the fund shall remain in the fund. Noexpenditures may be made from such fund except upon the directionof the board by resolution passed by a majority of all members ofthe board. Expenditures may be made only to pay for the costsassociated with the following:
(1) The design of the EmergencyTelephone System.
(2) The coding of an initialMaster Street Address Guide database, and update and maintenancethereof.
(3) The repayment of any moneysadvanced for the implementation of the system.
(4) The charges for AutomaticNumber Identification and Automatic Location Identificationequipment, and maintenance, replacement and update thereof.
(5) The non-recurring chargesrelated to installation of the Emergency Telephone System and theongoing network charges.
(6) The acquisition andinstallation, or the reimbursement of costs therefore to othergovernmental bodies that have incurred those costs, of road orstreet signs that are essential to the implementation of theemergency telephone system and that are not duplicative of signsthat are the responsibility of the jurisdiction charged withmaintaining road and street signs.
(7) Other products and servicesnecessary for the implementation, upgrade and maintenance of thesystem, and any other purpose related to the operation of thesystem, including liability insurance, attorney’s fees,and costs attributable directly to the construction, leasing,or maintenance of any buildings or facilities or costs ofpersonnel attributable directly to the operating of the system.Costs attributable directly to the operation of the system of anemergency. Costs attributable directly to the operation of thesystem of an emergency telephone system to not include the costsof public safety agency personnel who are and equipment that isdispatched in response to an emergency call. Moneys receivedfrom grants under this Section 15.3-1 shall be expended only inaccordance with the terms of the grants.
(d) The board shall complete thedata base before implementation of the 9-1-1 system. The errorration of the database shall not at any time exceed 1% of thetotal data base. Source: P.A. 87-146; 88-497)
(50 ILCS 750/15.4-1 new)
Sec. 15.4-1 Wireless publicsafety answering points. For the purpose of providing wireless9-1-1 emergency services. An emergency telephone system board, orin the absence of an emergency telephone system board a qualifiedgovernmental entity, may declare its intention for one or more ofits public safety answering points to serve as a primary wireless9-1-1 public safety answering point for its jurisdiction bynotifying the chief clerk of the Illinois Commerce Commission andthe Director of the Department of State Police in writing within6 months after the effective date of this amendatory Act of 1996or within 6 months after filing its petition for a 9-1-1 systemwith the chief clerk of the Illinois Commerce Commission. TheDepartment of State police may be the primary wireless 9-1-1public safety answering point for any jurisdiction not providingnotice to the Commission and the Department of State Police. TheDepartment of State Police may grant authority to a qualifiedgovernmental entity or emergency telephone system board toprovide wireless 9-1-1 service in areas for which the Departmentof State Police has accepted wireless 9-1-1 responsibility.
Wireless public safetyanswering points operating previous to the enactment of thislegislation may continue to operate upon notification aspreviously described in this Section until the Illinois CommerceCommission issues a determination that the public safetyanswering point does not meet criteria required for authorization
Section 99. Effective date. ThisAct take effect upon becoming law.