Public Act 0204 104TH GENERAL ASSEMBLY

HB1866 Enrolled LRB104 09427 RTM 19487 b

Public Act 104-0204

AN ACT concerning local government.

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 changing Sections 2, 3, 6.2, 7, 7.1, 10, 10.3, 11.5, 15.2, 15.3, 15.4, 15.4a, 15.4b, 15.6b, 16, 17.5, 19, 20, 30, 35, 40, 80, and 99 and by adding Section 15.9 as follows:

(50 ILCS 750/2) (from Ch. 134, par. 32)

(Section scheduled to be repealed on December 31, 2025)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:

"9-1-1 network" means the network used for the delivery of 9-1-1 calls and messages over dedicated and redundant facilities to a primary or backup 9-1-1 PSAP that meets the appropriate grade of service.

"9-1-1 system" means the geographic area that has been granted an order of authority by the Commission or the Statewide 9-1-1 Administrator to use "9-1-1" as the primary emergency telephone number, including, but not limited to, the network, software applications, databases, CPE components and operational and management procedures required to provide 9-1-1 service.

"9-1-1 Authority" means an Emergency Telephone System Board or Joint Emergency Telephone System Board that provides for the management and operation of a 9-1-1 system. "9-1-1 Authority" includes the Illinois State Police only to the extent it provides 9-1-1 services under this Act.

"9-1-1 System Manager" means the manager, director, administrator, or coordinator who at the direction of his or her Emergency Telephone System Board is responsible for the implementation and execution of the order of authority issued by the Commission or the Statewide 9-1-1 Administrator through the programs, policies, procedures, and daily operations of the 9-1-1 system consistent with the provisions of this Act.

"Administrator" means the Statewide 9-1-1 Administrator.

"Advanced service" means any telecommunications service with or without dynamic bandwidth allocation, including, but not limited to, ISDN Primary Rate Interface (PRI), that, through the use of a DS-1, T-1, or other un-channelized or multi-channel transmission facility, is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency.

"Aggregator" means an entity that ingresses 9-1-1 calls of multiple traffic types or 9-1-1 calls from multiple originating service providers and combines them on a trunk group or groups (or equivalent egress connection arrangement to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or system), and that uses the routing information provided in the received call setup signaling to select the appropriate trunk group and proceeds to signal call setup toward the 9-1-1 system provider. "Aggregator" includes an originating service provider that provides aggregation functions for its own 9-1-1 calls. "Aggregator" also includes an aggregation network or an aggregation entity that provides aggregator services for other types of system providers, such as cloud-based services or enterprise networks as its client.

"ALI" or "automatic location identification" means the automatic display at the public safety answering point of the address or location of the caller's telephone and supplementary emergency services information of the location from which a call originates.

"ANI" or "automatic number identification" means the automatic display of the 10-digit telephone number associated with the caller's telephone number.

"Automatic alarm" and "automatic alerting device" mean any device that will access the 9-1-1 system for emergency services upon activation and does not provide for two-way communication.

"Answering point" means a PSAP, SAP, Backup PSAP, Unmanned Backup Answering Point, or VAP.

"Authorized entity" means an answering point or participating agency other than a decommissioned PSAP.

"Backup PSAP" means an answering point that meets the appropriate standards of service and serves as an alternate to the PSAP operating independently from the PSAP at a different location that has the capability to direct dispatch for the PSAP or otherwise transfer emergency calls directly to an authorized entity. A backup PSAP may accept overflow calls from the PSAP or be activated if the primary PSAP is disabled.

"Board" means an Emergency Telephone System Board or a Joint Emergency Telephone System Board created pursuant to Section 15.4.

"Bylaws" means a set of regulations that ensure consistent and agreed upon voting and decision-making procedures.

"Call back number" means a number used by a PSAP to recontact a location from which a 9-1-1 call was placed, regardless of whether that number is a direct-dial number for a station used to originate a 9-1-1 call.

"Carrier" includes a telecommunications carrier and a wireless carrier.

"Commission" means the Illinois Commerce Commission.

"Computer aided dispatch" or "CAD" means a computer-based system that aids public safety telecommunicators or telecommunicator supervisors by automating selected dispatching and recordkeeping activities.

"Direct dispatch" means a 9-1-1 service wherein upon receipt of an emergency call, a public safety telecommunicator or telecommunicator supervisors transmits, without - without delay, transfer, relay, or referral, referral - all relevant available information to the appropriate public safety personnel or emergency responders.

"Dispatchable location" means a location delivered to the PSAP with a 9-1-1 call that consists of the validated street address of the calling party, plus a 9-1-1 caller and additional information, such as a suite or apartment identifier, uncertainty data room number, floor number, or similar information, necessary to accurately identify the location of the calling party 9-1-1 caller.

"Decommissioned" means the revocation of a PSAPs authority to handle 9-1-1 calls as an answering point within the 9-1-1 network.

"Diversion" means the obligation or expenditure of a 9-1-1 fee or charge for a purpose or function other than the purposes and functions designated by the Federal Communications Commission as acceptable under 47 CFR 9.23. "Diversion" includes distribution of a 9-1-1 fee or charge to a political subdivision that obligates or expends such fees for a purpose or function other than those designated as acceptable by the Federal Communications Commission under 47 CFR 9.23.

"DS-1, T-1, or similar un-channelized or multi-channel transmission facility" means a facility that can transmit and receive a bit rate of at least 1.544 megabits per second (Mbps).

"Dynamic bandwidth allocation" means the ability of the facility or customer to drop and add channels, or adjust bandwidth, when needed in real time for voice or data purposes.

"Emergency call" means any type of request for emergency assistance through a 9-1-1 network either to the digits 9-1-1 or the emergency 24/7 10-digit telephone number for all answering points. An emergency call is not limited to a voice telephone call. It could be a two-way video call, an interactive text, Teletypewriter (TTY), an SMS, an Instant Message, or any new mechanism for communications available in the future. An emergency call occurs when the request for emergency assistance is received by a public safety telecommunicator.

"Emergency Telephone System Board" or "ETSB" means (i) a board appointed by the corporate authorities of any county or municipality to provide for the management and operation of a 9-1-1 system within the scope of the duties and powers prescribed by this Act or (ii) a joint Emergency Telephone System Board.

"EMS personnel" has the meaning given to that term in Section 3.5 of the Emergency Medical Services (EMS) Systems Act.

"Enhanced 9-1-1" or "E9-1-1" means a telephone system that includes network switching, database and PSAP premise elements capable of providing automatic location identification data, selective routing, selective transfer, fixed transfer, and a call back number, including any enhanced 9-1-1 service so designated by the Federal Communications Commission in its report and order in WC Dockets Nos. 04-36 and 05-196, or any successor proceeding.

"ETSB" means an emergency telephone system board appointed by the corporate authorities of any county or municipality that provides for the management and operation of a 9-1-1 system.

"First responder" means someone designated by a public safety agency who is charged with responding to emergency service requests, including emergency communications professionals, public safety telecommunicators, public safety telecommunicator supervisors, and police, fire, and EMS personnel who operate in the field.

"Grade of service" means the P.01 for E9-1-1 services or the equivalent for NENA Baseline NG9-1-1 as set forth in the NENA i3 Solution prevailing national adopted standard.

"Hearing-impaired individual" means a person with a permanent hearing loss who can regularly and routinely communicate by telephone only through the aid of devices which can send and receive written messages over the telephone network.

"Hosted supplemental 9-1-1 service" means a database service that:

(1) electronically provides information for to 9-1-1 call takers when a call is placed to 9-1-1;

(2) allows telephone subscribers to provide information to 9-1-1 to be used in emergency scenarios;

(3) collects a variety of formatted data relevant to 9-1-1 and first responder needs, which may include, but is not limited to, photographs of the telephone subscribers, physical descriptions, medical information, household data, and emergency contacts;

(4) allows for information to be entered by telephone subscribers through a secure website where they can elect to provide as little or as much information as they choose;

(5) automatically displays data provided by telephone subscribers to 9-1-1 call takers for all types of telephones when a call is placed to 9-1-1 from a registered and confirmed phone number;

(6) (blank); supports the delivery of telephone subscriber information through a secure internet connection to all emergency telephone system boards;

(7) (blank); works across all 9-1-1 call taking equipment and allows for the easy transfer of information into a computer aided dispatch system; and

(8) (blank); may be used to collect information pursuant to an Illinois Premise Alert Program as defined in the Illinois Premise Alert Program (PAP) Act

(9) supports the delivery of telephone subscriber information through a secure internet connection to all emergency telephone system boards;

(10) works across all 9-1-1 call-taking equipment and allows for the easy transfer of information into a computer aided dispatch system; and

(11) may be used to collect information pursuant to an Illinois Premise Alert Program as defined in the Illinois Premise Alert Program (PAP) Act.

"Interconnected voice service" means a telecommunications service that:

(1) allows users to make and receive calls to and from the public switched telephone network or other phone lines, including both traditional landline and mobile services;

(2) enables users to make or receive voice calls to or from telephone numbers assigned to the public switched telephone network, including calls to and from emergency services;

(3) requires a connection to the public switched telephone network (PSTN) either directly or through other interconnected services;

(4) supports standard telephone functions, such as making and receiving calls, voicemail, and the ability to connect with other telephone networks;

(5) complies with various FCC regulations to ensure user safety, including the requirement to support 9-1-1 services, allowing emergency responders to locate the caller; and

(6) can be provided over various technologies, including traditional telephone lines, broadband Internet connections via VoIP, and mobile networks.

"Interconnected voice service" includes voice over Internet protocol (VoIP) services that are integrated into the public telephone system and the availability of other essential services like number portability and accessibility for people with disabilities.

"Interconnected voice over Internet protocol provider" or "Interconnected VoIP provider" has the meaning given to that term under Section 13-235 of the Public Utilities Act.

"Joint Emergency Telephone System Board" or "Joint ETSB" means a Joint Emergency Telephone System Board established by intergovernmental agreement of two or more municipalities or counties, or a combination thereof, to provide for the management and operation of a 9-1-1 system.

"Key telephone system" means a type of MLTS designed to provide shared access to several outside lines through buttons or keys typically offering identified access lines with direct line appearance or termination on a given telephone set.

"Local public agency" means any unit of local government or special purpose district located in whole or in part within this State that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services.

"Mechanical dialer" means any device that accesses the 9-1-1 system without human intervention and does not provide for two-way communication.

"Master Street Address Guide" or "MSAG" is a database of street names and house ranges within their associated communities defining emergency service zones (ESZs) and their associated emergency service numbers (ESNs) to enable proper routing of 9-1-1 calls.

"Mobile telephone number" or "MTN" means the telephone number assigned to a wireless telephone at the time of initial activation.

"Multi-line telephone system" or "MLTS" means a system composed that is comprised of a common control unit or units, telephone sets, control hardware and software, and adjunct systems, including and that enables users to make and receive telephone calls using shared resources, such as telephone network trunks or data link bandwidth. The terms "multi-line telephone system" and "MLTS" include, but are not limited to: network-based and premises-based systems, such as Centrex service; premises-based, hosted, and cloud-based VoIP, as well as systems; PBX, hybrid, and key telephone systems (as classified by the Federal Communications Commission under 47 CFR Part 68, which includes or any successor rules); and systems owned or leased by governmental agencies, nonprofit entities, and for-profit businesses. "Multi-line telephone system" or "MLTS" includes the full range of networked communication systems that serve enterprises, including IP-based and cloud-based systems. "Multi-line telephone system" or "MLTS" also includes outbound-only MLTS that allow users to make 9-1-1 calls but do not enable PSAPs to place a return call directly to the 9-1-1 caller.

"Network connections" means the number of voice grade communications channels directly between a subscriber and a telecommunications carrier's public switched network, without the intervention of any other telecommunications carrier's switched network, which would be required to carry the subscriber's inter-premises traffic and which connection either (1) is capable of providing access through the public switched network to a 9-1-1 Emergency Telephone System, if one exists, or (2) if no system exists at the time a surcharge is imposed under Section 15.3 or 20, that would be capable of providing access through the public switched network to the local 9-1-1 Emergency Telephone System if one existed. Where multiple voice grade communications channels are connected to a telecommunications carrier's public switched network through a private branch exchange (PBX) service, there shall be determined to be one network connection for each trunk line capable of transporting either the subscriber's inter-premises traffic to the public switched network or the subscriber's 9-1-1 calls to the public agency. Where multiple voice grade communications channels are connected to an OSP's public switched network through Centrex type service, the number of network connections shall be equal to the number of PBX trunk equivalents for the subscriber's service or other multiple voice grade communication channels facility, as determined by reference to any generally applicable exchange access service tariff filed by the subscriber's telecommunications carrier with the Commission.

"Network costs" means those recurring costs that directly relate to the operation of the 9-1-1 network as determined by the Statewide 9-1-1 Administrator with the advice of the Statewide 9-1-1 Advisory Board, which may include, but need not be limited to, some or all of the following: costs for interoffice trunks, selective routing charges, transfer lines and toll charges for 9-1-1 services, Automatic Location Information (ALI) database charges, independent local exchange carrier charges and non-system provider charges, carrier charges for third party database for on-site customer premises equipment, back-up PSAP trunks for non-system providers, periodic database updates as provided by carrier (also known as "ALI data dump"), regional ALI storage charges, circuits for call delivery (fiber or circuit connection), NG9-1-1 costs, and all associated fees, taxes, and surcharges on each invoice. "Network costs" shall not include radio circuits or toll charges that are other than for 9-1-1 services.

"Next generation 9-1-1" or "NG9-1-1" means a secure Internet Protocol-based (IP-based) open-standards system comprised of hardware, software, data, and operational policies and procedures that:

(A) provides standardized interfaces from emergency call and message services to support emergency communications;

(B) processes all types of emergency calls, including voice, text, data, and multimedia information;

(C) acquires and integrates additional emergency call data useful to call routing and handling;

(D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities based on the location of the caller;

(E) supports data, video, and other communications needs for coordinated incident response and management; and

(F) interoperates with services and networks used by first responders to facilitate emergency response.

"Next generation 9-1-1 costs" or "NG9-1-1 costs" means those recurring costs that directly relate to the next generation Next Generation 9-1-1 service as determined by the Statewide 9-1-1 Administrator with the advice of the Statewide 9-1-1 Advisory Board, which may include, but need not be limited to, costs for NENA i3 Core Components (Border Control Function (BCF), Emergency Call Routing Function (ECRF), Location Validation Function (LVF), Emergency Services Routing Proxy (ESRP), Policy Store/Policy Routing Functions (PSPRF), and Location Information Servers (LIS)), Statewide ESInet, and software external to the PSAP (data collection, identity management, aggregation, and GIS functionality), and gateways (legacy 9-1-1 tandems or gateways or both).

"Next generation 9-1-1 core services" or "NGCS" means a set of services needed to process a 9-1-1 call on an ESInet. "Next generation 9-1-1 core services" or "NGCS" includes, but is not limited to, the ESRP, ECRF, LVF, BCF, bridge, policy store, logging services, and typical IP services, including DNS and DHCP. "Next generation 9-1-1 core services" or "NGCS" does not include the network on which the services operate.

"Originating service provider" or "OSP" means the entity that provides services to end users that may be used to originate voice or nonvoice 9-1-1 requests for assistance and who would interconnect, in any of various fashions, to the 9-1-1 system provider for purposes of delivering 9-1-1 traffic to the public safety answering points.

"Primary place of use" or "PPU" means the residential street address or the primary business street address where a customer primarily uses the mobile telecommunications service. "Primary place of use" or "PPU" does not include a post office box address.

"Private branch exchange" or "PBX" means a private telephone system and associated equipment located on the user's property that provides communications between internal stations and external networks.

"Private business switch service" means network and premises based systems including a VoIP, Centrex type service, or PBX service, even though key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 are directly connected to Centrex type and PBX systems. "Private business switch service" does not include key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 when not used in conjunction with a VoIP, Centrex type, or PBX systems. "Private business switch service" typically includes, but is not limited to, private businesses, corporations, and industries where the telecommunications service is primarily for conducting business.

"Private residential switch service" means network and premise based systems including a VoIP, Centrex type service, or PBX service or key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 that are directly connected to a VoIP, Centrex type service, or PBX systems equipped for switched local network connections or 9-1-1 system access to residential end users through a private telephone switch. "Private residential switch service" does not include key telephone systems or equivalent telephone systems registered with the Federal Communications Commission under 47 CFR Part 68 when not used in conjunction with a VoIP, Centrex type, or PBX systems. "Private residential switch service" typically includes, but is not limited to, apartment complexes, condominiums, and campus or university environments where shared tenant service is provided and where the usage of the telecommunications service is primarily residential.

"Public agency" means the State, and any unit of local government or special purpose district located in whole or in part within this State, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services.

"Public safety agency" means a functional division of a public agency that provides firefighting, police, medical, or other emergency services to respond to and manage emergency incidents. For the purpose of providing wireless service to users of 9-1-1 emergency services, as expressly provided for in this Act, the Illinois State Police may be considered a public safety agency.

"Public safety answering point" or "PSAP" means the primary answering location of an emergency call that meets the appropriate standards of service and is responsible for receiving and processing those calls and events according to a specified operational policy.

"PSAP representative" means the manager or supervisor of a Public Safety Answering Point (PSAP) who oversees the daily operational functions and is responsible for the overall management and administration of the PSAP.

"Public safety telecommunicator" means any person employed in a full-time or part-time capacity at an answering point whose duties or responsibilities include answering, receiving, or transferring an emergency call for dispatch to the appropriate emergency responder.

"Public safety telecommunicator supervisor" means any person employed in a full-time or part-time capacity at an answering point or by a 9-1-1 Authority, whose primary duties or responsibilities are to direct, administer, or manage any public safety telecommunicator and whose responsibilities include answering, receiving, or transferring an emergency call for dispatch to the appropriate emergency responders.

"Referral" means a 9-1-1 service in which the public safety telecommunicator provides the calling party with the telephone number of the appropriate public safety agency or other provider of emergency services.

"Regular service" means any telecommunications service, other than advanced service, that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency.

"Relay" means a 9-1-1 service in which the public safety telecommunicator takes the pertinent information from a caller and relays that information to the appropriate public safety agency or other provider of emergency services.

"Remit period" means the billing period, one month in duration, for which a wireless carrier remits a surcharge and provides subscriber information by zip code to the Illinois State Police, in accordance with Section 20 of this Act.

"Secondary Answering Point" or "SAP" means a location, other than a PSAP, that is able to receive the voice, data, and call back number of E9-1-1 or NG9-1-1 emergency calls transferred from a PSAP and completes the call taking process by dispatching police, medical, fire, or other emergency responders.

"Shared residential MLTS service" means the use of one or more MLTS or MLTS services to provide telephone service to residential facilities, including, but not limited to, single-family dwellings and multi-family dwellings, such as apartments, even if the service is not individually billed.

"Shared telecommunications services" means the provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses, or high-rise buildings by a commercial shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services. The term "shared telecommunications services" includes the provisioning of connections to the facilities of a local exchange carrier or an interexchange carrier.

"Subscriber" means an individual or entity to whom a wireless, wireline, or VoIP service account or number has been assigned by a carrier, other than an account or number associated with prepaid wireless telecommunication service.

"Statewide wireless emergency 9-1-1 system" means all areas of the State where an emergency telephone system board has not declared its intention for one or more of its public safety answering points to serve as a primary wireless 9-1-1 public safety answering point for its jurisdiction. The operator of the statewide wireless emergency 9-1-1 system shall be the Illinois State Police.

"System" means the communications equipment, and related software applications, and databases required to produce a response by the appropriate emergency public safety agency or other provider of emergency services as a result of an emergency call being placed to 9-1-1.

"System provider" means the contracted entity providing 9-1-1 network and database services.

"Telecommunications carrier" means those entities included within the definition specified in Section 13-202 of the Public Utilities Act, and includes those carriers acting as resellers of telecommunications services. "Telecommunications carrier" includes telephone systems operating as mutual concerns. "Telecommunications carrier" does not include a wireless carrier.

"Telecommunications technology" means equipment that can send and receive written messages over the telephone network.

"Temporary residence MLTS" means the use of a MLTS or MLTS service to provide telephone service to occupants of temporary or transient dwellings, including, but not limited to, dormitories, hotels, motels, health care facilities, and nursing homes, or other similar facilities.

"Transfer" means a 9-1-1 service in which the public safety telecommunicator, who receives an emergency call, transmits, redirects, or conferences that call to the appropriate public safety agency or other provider of emergency services. "Transfer" includes calls transferred, within the statewide NG9-1-1 system and to surrounding states NG9-1-1 Systems using a SIP URI. "Transfer" shall not include (1) a relay or referral of the information without transferring the caller or (2) calls transferred to a 10-digit number where a SIP URI is available.

"Transmitting messages" shall have the meaning given to that term under Section 8-11-2 of the Illinois Municipal Code.

"Trunk line" means a transmission path, or group of transmission paths, connecting a subscriber's PBX to a telecommunications carrier's public switched network. In the case of regular service, each voice grade communications channel or equivalent amount of bandwidth capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered a trunk line, even if it is bundled with other channels or additional bandwidth. In the case of advanced service, each DS-1, T-1, or other un-channelized or multi-channel transmission facility that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered a single trunk line, even if it contains multiple voice grade communications channels or otherwise supports 2 or more voice grade calls at a time; provided, however, that each additional increment of up to 24 voice grade channels of transmission capacity that is capable of transporting either the subscriber's inter-premises voice telecommunications services to the public switched network or the subscriber's 9-1-1 calls to the public agency shall be considered an additional trunk line.

"Unmanned backup answering point" means an answering point that serves as an alternate to the PSAP at an alternate location and is typically unmanned but can be activated if the primary PSAP is disabled.

"Virtual answering point" or "VAP" means a temporary or nonpermanent location that is capable of receiving an emergency call, contains a fully functional worksite that is not bound to a specific location, but rather is portable and scalable, connecting public safety telecommunicators to the work process, and is capable of completing the call dispatching process.

"Voice-grade call" or "VGC" means a telecommunications service that allows for the transmission of voice signals with sufficient quality for effective communication.

"Voice-impaired individual" means a person with a permanent speech disability which precludes oral communication, who can regularly and routinely communicate by telephone only through the aid of devices which can send and receive written messages over the telephone network.

"Wireless" means the delivery of a wireless 9-1-1 call in accordance with applicable Federal Communications Commission regulations.

"Wireless carrier" means a provider of two-way cellular, broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial Mobile Radio Service (CMRS), Wireless Communications Service (WCS), or other Commercial Mobile Radio Service (CMRS), as defined by the Federal Communications Commission, offering radio communications that may provide fixed, mobile, radio location, or satellite communication services to individuals or businesses within its assigned spectrum block and geographical area or that offers real-time, two-way voice service that is interconnected with the public switched network, including a reseller of such service.

"Wireless enhanced 9-1-1" means the ability to relay the telephone number of the originator of a 9-1-1 call and location information from any mobile handset or text telephone device accessing the wireless system to the designated wireless public safety answering point as set forth in the order of the Federal Communications Commission, FCC Docket No. 94-102, adopted June 12, 1996, with an effective date of October 1, 1996, and any subsequent amendment thereto.

"Wireless public safety answering point" means the functional division of a 9-1-1 authority accepting wireless 9-1-1 calls.

"Wireless subscriber" means an individual or entity to whom a wireless service account or number has been assigned by a wireless carrier, other than an account or number associated with prepaid wireless telecommunication service.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-983, eff. 5-27-22; 103-366, eff. 1-1-24.)

(50 ILCS 750/3) (from Ch. 134, par. 33)

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

Sec. 3. (a) Every By July 1, 2017, every local public agency shall be within the jurisdiction of a 9-1-1 system.

(b) Within 36 months of the awarding of a contract to a vendor certified under Section 13-900 of the Public Utilities Act to provide next generation Next Generation 9-1-1 service, every 9-1-1 system in Illinois, except in a municipality with a population over 500,000, shall provide next generation Next Generation 9-1-1 service. A municipality with a population over 500,000 shall provide next generation Next Generation 9-1-1 service and shall establish a network-to-network interface with the State. Each party shall build out and pay for the party's portion to interface with the statewide next generation 9-1-1 System by January 1, 2027 2026.

(c) Nothing in this Act shall be construed to prohibit or discourage in any way the formation of multijurisdictional or regional systems, and any system established pursuant to this Act may include the territory of more than one public agency or may include a segment of the territory of a public agency.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24; 103-563, eff. 11-17-23.)

(50 ILCS 750/6.2)

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

Sec. 6.2. Every 9-1-1 system shall be able to accept text to 9-1-1 no later than December 31, 2025 July 1, 2024. The Illinois State Police shall adopt rules for the implementation of this Section.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)

(50 ILCS 750/7) (from Ch. 134, par. 37)

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

Sec. 7. The General Assembly finds that, because of overlapping jurisdiction of public agencies, public safety agencies, and telephone service areas, the Administrator, with the advice and recommendation of the Statewide 9-1-1 Advisory Board, shall establish a general overview or plan to effectuate the purposes of this Act within the time frame provided in this Act. The General Assembly further finds and declares that direct dispatch should be used if possible to shorten the time required for the public to request and receive emergency aid. The Administrator shall minimize the use of transfer, relay, and referral of an emergency call if possible and encourage Backup PSAPs to be able to direct dispatch. Transfer, relay, and referral of an emergency call to an entity other than an answering point or the Illinois State Police shall not be used in response to emergency calls unless exigent circumstances exist. In order to ensure insure that proper preparation and implementation of emergency telephone systems are accomplished by all public agencies as required under this Act, the Illinois State Police, with the advice and assistance of the Attorney General, shall secure compliance by public agencies as provided in this Act.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(50 ILCS 750/7.1)

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

Sec. 7.1. Training.

(a) Each 9-1-1 Authority, as well as its answering points, shall ensure its public safety telecommunicators and public safety telecommunicator supervisors Supervisors comply with the training, testing, and certification requirements established pursuant to Section 2605-53 of the Illinois Department of State Police Law.

(b) Each 9-1-1 Authority, as well as its answering points, shall review the training records for maintain a record regarding its public safety telecommunicators and public safety telecommunicator supervisors Supervisors to ensure that they are compliant compliance with this Section for at least 7 years and shall make the continuing education training records available for inspection by the Administrator upon request.

(c) (Blank). Costs incurred for the development of standards, training, testing and certification shall be expenses paid by the Department from the funds available to the Administrator and the Statewide 9-1-1 Advisory Board under Section 30 of this Act. Nothing in this subsection shall prohibit the use of grants or other nonsurcharge funding sources available for this purpose.

(Source: P.A. 102-9, eff. 6-3-21; revised 10-16-24.)

(50 ILCS 750/10) (from Ch. 134, par. 40)

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

Sec. 10. (a) The Administrator, with the advice and recommendation of the Statewide 9-1-1 Advisory Board, shall establish uniform technical and operational standards for all 9-1-1 systems in Illinois. All findings, orders, decisions, rules, and regulations issued or promulgated by the Commission under this Act or any other Act establishing or conferring power on the Commission with respect to emergency telecommunications services, shall continue in force. Notwithstanding the provisions of this Section, where applicable, the Administrator shall, with the advice and recommendation of the Statewide 9-1-1 Advisory Board, amend the Commission's findings, orders, decisions, rules, and regulations to conform to the specific provisions of this Act as soon as practicable after the effective date of this amendatory Act of the 99th General Assembly.

(a-5) All 9-1-1 systems are responsible for complying with the uniform technical and operational standards adopted by the Administrator and the Illinois State Police with the advice and recommendation of the Statewide 9-1-1 Advisory Board.

(b) (Blank). The Illinois State Police may adopt emergency rules necessary to implement the provisions of this amendatory Act of the 99th General Assembly under subsection (t) of Section 5-45 of the Illinois Administrative Procedure Act.

(b-5) Before January 1, 2016, all local public agencies operating a 9-1-1 system shall operate under a plan that has been filed with and approved by the Commission or the Administrator. Plans filed under this Section shall conform to minimum standards established under subsection (a) of Section 10.

(c) Nothing in this Act shall deprive the Commission of any authority to regulate the provision by telecommunication carriers or 9-1-1 system service providers of telecommunication or other services under the Public Utilities Act.

(d) For rules that implicate both the regulation of 9-1-1 authorities under this Act and the regulation of telecommunication carriers and 9-1-1 system service providers under the Public Utilities Act, the Illinois State Police and the Commission may adopt joint rules necessary for implementation.

(e) Any findings, orders, or decisions of the Administrator under this Section shall be deemed a final administrative decision and shall be subject to judicial review under the Administrative Review Law.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(50 ILCS 750/10.3)

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

Sec. 10.3. Notice of address change. The Emergency Telephone System Board in any county maintaining implementing a 9-1-1 system that changes any person's address (when the person whose address has changed has not moved to a new residence) shall notify the person (i) of the person's new address and (ii) that the person should contact the local election authority to determine if the person should re-register to vote.

(Source: P.A. 102-9, eff. 6-3-21.)

(50 ILCS 750/11.5)

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

Sec. 11.5. Aggregator and originating service provider responsibilities.

(a) Each aggregator, and the originating service providers whose 9-1-1 calls are being aggregated by the aggregator, shall comply with their respective requirements in 83 Ill. Adm. Code 725.410.

(b) Beginning February 1, 2024 and every February 1 thereafter, each aggregator that is operating within the State shall be notified 30 days in advance that the aggregator must submit the following information to the Office of the Statewide 9-1-1 Administrator that supports the implementation of and the migration and continuing operation of to the Statewide NG9-1-1 system to the Office of the Statewide 9-1-1 Administrator on a form prescribed and made available by the Illinois State Police for this purpose:

(1) A company 9-1-1 contact, address, email, and phone number.

(2) A list of originating service providers that the aggregator transports 9-1-1 calls for and then to the appropriate 9-1-1 system provider. New or current aggregators must update the required information within 30 days of implementing any changes in information required by this subsection.

Any aggregator that fails to provide the information required under this subsection shall be subject to a $100 penalty for each month or portion of a month following the due date that the information is not provided.

(c) Each aggregator shall establish procedures for receiving No Record Found errors from the 9-1-1 System Provider, identifying the originating service provider who delivered the call to the aggregator, and referring the No Record Found errors to that originating service provider.

(d) Each originating service provider shall establish procedures with the 9-1-1 system provider for preventing and resolving No Record Found errors in the 9-1-1 database and make every effort to ensure 9-1-1 calls are sent to the appropriate public safety answering point.

(e) If a 9-1-1 system is being transitioned to NG9-1-1 service or to a new provider, each aggregator shall be responsible for coordinating any modifications that are needed to ensure that the originating service provider provides the required level of service to its customers. Each aggregator shall coordinate those network changes or additions for those migrations in a timely manner with the appropriate 9-1-1 system provider who shall be managing its respective implementation schedule and cut over. Each aggregator shall send notice to its originating service provider customers of the aggregator's successful turn up of the network changes or additions supporting the migration and include the necessary information for the originating service provider's migration (such as public safety answering point name, Federal Communications Commission Identification, and Emergency Services Routing Number). The notice shall be provided to the originating service providers within 2 weeks of acceptance testing and conversion activities between the aggregator and the 9-1-1 system provider.

(f) The 9-1-1 system provider shall coordinate directly with the originating service providers (unless the aggregator separately agrees to coordinate with the originating service providers) for migration, but in no case shall that migration exceed 30 days after receipt of notice from the aggregator, unless agreed to by the originating service provider and 9-1-1 system provider.

(g) Each aggregator shall coordinate test calls with the 9-1-1 system provider and the 9-1-1 Authority when turning up new circuits or making network changes. Each originating service provider shall perform testing of its network and provisioning upon notification from the aggregator that the network has been tested and accepted with the 9-1-1 system provider.

(h) Each aggregator and originating service provider customer shall deliver all 9-1-1 calls, audio, data, and location to the 9-1-1 system at a location determined by the State.

(Source: P.A. 102-9, eff. 6-3-21; 102-687, eff. 12-17-21; 103-366, eff. 1-1-24.)

(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)

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

Sec. 15.2. Any person who knowingly reports or is responsible for placing a call or text to the number "9-1-1 911" or causing a transmission, in any manner, to a public safety agency or public safety answering point for the purpose of making an alarm or complaint and reporting false information or the alleged occurrence of a criminal act when, at the time the call, text, or transmission is made, the person knows there is no reasonable ground for making the call, text, or transmission and further knows that the call, text, or transmission alleges occurrence of a criminal act while knowing the act did not occur and could result in the emergency response of any public safety agency, is subject to the provisions of Section 26-1 of the Criminal Code of 2012.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)

(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)

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

Sec. 15.3. Local non-wireless, wireless, and advanced service surcharges surcharge.

(a) The Except as provided in subsection (l) of this Section, the corporate authorities of any municipality with a population over 500,000 or any county may, subject to the limitations of subsection (a-5) subsections (c), (d), and (h), and in addition to any tax levied pursuant to the Simplified Municipal Telecommunications Tax Act, impose a monthly surcharge on billed subscribers for wireline, wireless and VoIP network connections of network connection provided by telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the municipality or county imposing the surcharge at a rate per network connection determined in accordance with subsection (b). However, (c), however the monthly surcharge shall not apply to a network connection provided for use with pay telephone services, and if . Provided, however, that where multiple voice grade communications channels are connected between the subscriber's premises and a public switched network through private branch exchange (PBX) or Centrex centrex type service, a municipality imposing a surcharge at a rate per network connection, as determined in accordance with this Act, shall impose:

(1) (i) in a municipality with a population of over 500,000 or less or in any county, 5 such surcharges per network connection, as of defined under Section 2 of this Act, for both regular service and advanced service provisioned trunk lines; (ii) in a municipality with a population, prior to March 1, 2010, of over 500,000 or more, 5 surcharges per network connection, as defined under Section 2 of this Act, for both regular service and advanced service provisioned voice paths or trunk lines; (iii) in a municipality with a population, as of March 1, 2010, of 500,000 or more, 5 surcharges per network connection, as defined under Section 2 of this Act, for regular service provisioned trunk lines, and 12 surcharges per network connection, as defined under Section 2 of this Act, for advanced service provisioned voice paths or trunk lines, except where an advanced service voice path or provisioned trunk line supports at least 2 but fewer than 23 simultaneous voice grade calls ("VGC's"), a telecommunication carrier may elect to impose fewer than 12 surcharges per voice path or trunk line as provided in paragraph (2) subsection (iv) of this subsection Section; or

(2) (iv) for an advanced service provisioned voice path or trunk line connected between the subscriber's premises and the public switched network through a PBX P.B.X., where the advanced service provisioned voice path or trunk line is capable of transporting at least 2 but fewer than 23 simultaneous VGC's per voice path or trunk line, the telecommunications carrier collecting the surcharge may elect to impose surcharges in accordance with the table provided in this Section, without limiting any telecommunications carrier's obligations to otherwise keep and maintain records. Any telecommunications carrier electing to impose fewer than 12 surcharges per an advanced service provisioned voice path or trunk line shall keep and maintain records adequately to demonstrate the VGC capability of each advanced service provisioned trunk line with fewer than 12 surcharges imposed, provided that 12 surcharges shall be imposed on an advanced service provisioned voice path or trunk line regardless of the VGC capability where a telecommunications carrier cannot demonstrate the VGC capability of the advanced service provisioned voice path or trunk line.

Paragraphs (1) and (2) Subsections (i), (ii), (iii), and (iv) are not intended to make any change in the meaning of this Section, but are intended to remove possible ambiguity, thereby confirming the intent of subsection paragraph (a) as it existed prior to and following the effective date of this amendatory Act of the 97th General Assembly.

(a-5) Except as otherwise provided in subsection (a), a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $5.00 per network connection. On or after January 1, 2029, a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $2.50 per network connection.

(a-10) In addition to any other lawful purpose, a municipality with a population over 500,000 may use the moneys collected under this Section 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.

For mobile telecommunications services, if a surcharge is imposed it shall be imposed based upon the municipality or county that encompasses the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act. A municipality may enter into an intergovernmental agreement with any county in which it is partially located, when the county has adopted an ordinance to impose a surcharge as provided in subsection (c), to include that portion of the municipality lying outside the county in that county's surcharge referendum. If the county's surcharge referendum is approved, the portion of the municipality identified in the intergovernmental agreement shall automatically be disconnected from the county in which it lies and connected to the county which approved the referendum for purposes of a surcharge on telecommunications carriers.

(b) For purposes of computing the surcharge imposed by subsection (a), the network connections to which the surcharge shall apply shall be those in-service network connections, other than those network connections assigned to the municipality or county, where the service address for each such network connection or connections is located within the corporate limits of the municipality or county levying the surcharge. Except for mobile telecommunication services, the "service address" shall mean the location of the primary use of the network connection or connections. For mobile telecommunication services, "service address" means the customer's place of primary use is used for the purposes of computing the surcharge as defined in the Mobile Telecommunications Sourcing Conformity Act.

(c) (Blank). Upon the passage of an ordinance to impose a surcharge under this Section the clerk of the municipality or county shall certify the question of whether the surcharge may be imposed to the proper election authority who shall submit the public question to the electors of the municipality or county in accordance with the general election law; provided that such question shall not be submitted at a consolidated primary election. The public question shall be in substantially the following form: ------------------------------------------------------------- Shall the county (or city, village or incorporated town) of ..... impose YES a surcharge of up to ...¢ per month per network connection, which surcharge will be added to the monthly bill you receive ------------------ for telephone or telecommunications charges, for the purpose of installing (or improving) a 9-1-1 Emergency NO Telephone System? -------------------------------------------

If a majority of the votes cast upon the public question are in favor thereof, the surcharge shall be imposed.

However, if a Joint Emergency Telephone System Board is to be created pursuant to an intergovernmental agreement under Section 15.4, the ordinance to impose the surcharge shall be subject to the approval of a majority of the total number of votes cast upon the public question by the electors of all of the municipalities or counties, or combination thereof, that are parties to the intergovernmental agreement.

The referendum requirement of this subsection (c) shall not apply to any municipality with a population over 500,000 or to any county in which a proposition as to whether a sophisticated 9-1-1 Emergency Telephone System should be installed in the county, at a cost not to exceed a specified monthly amount per network connection, has previously been approved by a majority of the electors of the county voting on the proposition at an election conducted before the effective date of this amendatory Act of 1987.

(d) (Blank). A county may not impose a surcharge, unless requested by a municipality, in any incorporated area which has previously approved a surcharge as provided in subsection (c) or in any incorporated area where the corporate authorities of the municipality have previously entered into a binding contract or letter of intent with a telecommunications carrier to provide sophisticated 9-1-1 service through municipal funds.

(e) (Blank). A municipality or county may at any time by ordinance change the rate of the surcharge imposed under this Section if the new rate does not exceed the rate specified in the referendum held pursuant to subsection (c).

(f) The surcharge authorized by this Section shall be collected from the subscriber by the telecommunications carrier providing the subscriber with the network connection as a separately stated item on the subscriber's bill.

(g) The amount of surcharge collected by the telecommunications carrier shall be paid to the particular municipality or county or Joint Emergency Telephone System Board not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due to the particular telecommunications carrier, as shown on an itemized bill. The telecommunications carrier collecting the surcharge shall also be entitled to deduct 3% of the gross amount of surcharge collected to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge.

(h) (Blank). Except as expressly provided in subsection (a) of this Section, on or after the effective date of this amendatory Act of the 98th General Assembly and until December 31, 2017, a municipality with a population of 500,000 or more shall not impose a monthly surcharge per network connection in excess of the highest monthly surcharge imposed as of January 1, 2014 by any county or municipality under subsection (c) of this Section. Beginning January 1, 2018 and until December 31, 2025, a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $5.00 per network connection. On or after January 1, 2026, a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $2.50 per network connection.

(i) (Blank). Any municipality or county or joint emergency telephone system board that has imposed a surcharge pursuant to this Section prior to the effective date of this amendatory Act of 1990 shall hereafter impose the surcharge in accordance with subsection (b) of this Section.

(j) (Blank). The corporate authorities of any municipality or county may issue, in accordance with Illinois law, bonds, notes or other obligations secured in whole or in part by the proceeds of the surcharge described in this Section. The State of Illinois pledges and agrees that it will not limit or alter the rights and powers vested in municipalities and counties by this Section to impose the surcharge so as to impair the terms of or affect the security for bonds, notes or other obligations secured in whole or in part with the proceeds of the surcharge described in this Section. The pledge and agreement set forth in this Section survive the termination of the surcharge under subsection (l) by virtue of the replacement of the surcharge monies guaranteed under Section 20; the State of Illinois pledges and agrees that it will not limit or alter the rights vested in municipalities and counties to the surcharge replacement funds guaranteed under Section 20 so as to impair the terms of or affect the security for bonds, notes or other obligations secured in whole or in part with the proceeds of the surcharge described in this Section.

(k) (Blank). Any surcharge collected by or imposed on a telecommunications carrier pursuant to this Section shall 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, the special fund shall not be subject to the claims of creditors of the telecommunication carrier.

(l) (Blank). Any surcharge imposed pursuant to this Section by a county or municipality, other than a municipality with a population in excess of 500,000, shall cease to be imposed on January 1, 2016.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24.)

(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)

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

Sec. 15.4. Emergency Telephone System Board; powers.

(a) Except as provided in subsection (e) of this Section, the corporate authorities of any county or municipality may establish an Emergency Telephone System Board.

(a-5) The corporate authorities shall provide for the manner of appointment and the number of members of the Board, provided that the board shall consist of not fewer than 5 members, one of whom must be a public member who is a resident of the local exchange service territory included in the 9-1-1 coverage area, one of whom (in counties with a population less than 100,000) may be a member of the county board, and at least 3 of whom shall be representative of the 9-1-1 public safety agencies, including but not limited to police departments, fire departments, emergency medical services providers, and emergency services and disaster agencies, and appointed on the basis of their ability or experience. In counties with a population of more than 100,000 but less than 2,000,000, a member of the county board may serve on the Emergency Telephone System Board. Elected officials, including county sheriffs and members of a county board, are also eligible to serve on the board. Members of the board shall serve without compensation but shall be reimbursed for their actual and necessary expenses. Any 2 or more municipalities, counties, or combination thereof, may, instead of establishing individual boards, establish by intergovernmental agreement a Joint Emergency Telephone System Board pursuant to this Section. The manner of appointment of such a joint board shall be prescribed in the agreement. A Joint ETSB created before the effective date of this amendatory Act of the 104th General Assembly shall adopt and maintain bylaws for the governance and termination of the Joint ETSB within 6 months after the effective date of this amendatory Act of the 104th General Assembly. A Joint ETSB created on or after the effective date of this amendatory Act of the 104th General Assembly shall adopt and maintain bylaws for the governance and termination of the Joint ETSB within 6 months after the creation of the Joint ETSB. On or after the effective date of this amendatory Act of the 100th General Assembly, any new intergovernmental agreement entered into to establish or join a Joint Emergency Telephone System Board shall provide for the appointment of a PSAP representative to the board.

The corporate authorities of the county or municipality shall assign staggered terms to board members. Upon the effective date of this amendatory Act of the 98th General Assembly, appointed members of the Emergency Telephone System Board shall serve staggered 3-year terms if: (1) the Board serves a county with a population of 100,000 or less; and (2) appointments, on the effective date of this amendatory Act of the 98th General Assembly, are not for a stated term. The corporate authorities of the county or municipality shall assign terms to the board members serving on the effective date of this amendatory Act of the 98th General Assembly in the following manner: (1) one-third of board members' terms shall expire on January 1, 2015; (2) one-third of board members' terms shall expire on January 1, 2016; and (3) remaining board members' terms shall expire on January 1, 2017. Board members may be re-appointed upon the expiration of their terms by the corporate authorities of the county or municipality.

The corporate authorities of a county or municipality may, by a vote of the majority of the members elected, remove an Emergency Telephone System Board member for misconduct, official misconduct, or neglect of office.

(b) The powers and duties of the board shall be defined by ordinance of the municipality or county, or by intergovernmental agreement in the case of a joint board. The powers and duties shall include, but need not be limited to the following:

(1) Maintaining a NG9-1-1 Planning a 9-1-1 system.

(2) Coordinating and supervising the implementation, upgrading, or maintenance of the 9-1-1 system, including the establishment of equipment specifications and coding systems.

(3) Receiving moneys from the surcharge imposed under Section 15.3, or disbursed to it under Section 30, and from any other source, for deposit into the Emergency Telephone System Fund.

(4) Authorizing all disbursements from the fund.

(5) Hiring any staff necessary for the implementation or upgrade and maintenance of the system.

(6) (Blank).

(7) Designating a 9-1-1 System Manager, whose duties and responsibilities shall be set forth by the Emergency Telephone System Board in writing.

(c) All moneys received by a board pursuant to a surcharge imposed under Section 15.3, or disbursed to it under Section 30, shall be deposited into a separate interest-bearing Emergency Telephone System Fund account. The treasurer of the municipality or county that has established the board or, in the case of a joint board, any municipal or county treasurer designated in the intergovernmental agreement, shall be custodian of the fund. All interest accruing on the fund shall remain in the fund. No expenditures may be made from such fund except upon the direction of the board by resolution passed by a majority of all members of the board.

(d) The board shall complete and maintain a next generation Next Generation 9-1-1 GIS database in accordance with NENA Standards before implementation of the NG9-1-1 system. The MSAG and GIS data standardization standardizing and synchronization must reach a 98% or greater match rate, with an option of matching with ALI, before using GIS data for NG9-1-1.

(e) On and after January 1, 2016, no municipality or county may create an Emergency Telephone System Board unless the board is a Joint Emergency Telephone System Board. The corporate authorities of any county or municipality entering into an intergovernmental agreement to create or join a Joint Emergency Telephone System Board shall rescind an ordinance or ordinances creating a single Emergency Telephone System Board and shall eliminate the single Emergency Telephone System Board, effective upon the creation of the Joint Emergency Telephone System Board, with regulatory approval by the Administrator, or joining of the Joint Emergency Telephone System Board. Nothing in this Section shall be construed to require the dissolution of an Emergency Telephone System Board that is not succeeded by a Joint Emergency Telephone System Board or is not required to consolidate under Section 15.4a of this Act.

(f) (Blank). Within one year after the effective date of this amendatory Act of the 100th General Assembly, any corporate authorities of a county or municipality, other than a municipality with a population of more than 500,000, operating a 9-1-1 system without an Emergency Telephone System Board or Joint Emergency Telephone System Board shall create or join a Joint Emergency Telephone System Board.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 1-1-24; 103-693, eff. 1-1-25.)

(50 ILCS 750/15.4a)

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

Sec. 15.4a. Consolidation.

(a) By July 1, 2017, and except as otherwise provided in this Section, Emergency Telephone System Boards, Joint Emergency Telephone System Boards, and PSAPs shall be consolidated as follows, subject to subsections (b) and (c) of this Section:

(1) In any county with a population of at least 250,000 that has a single Emergency Telephone System Board and more than 2 PSAPs, the 9-1-1 Authority shall reduce the number of PSAPs by at least 50% or to 2 PSAPs, whichever is greater. Nothing in this paragraph shall preclude consolidation resulting in one PSAP in the county.

(2) In any county with a population of at least 250,000 that has more than one Emergency Telephone System Board or Joint Emergency Telephone System Board, any 9-1-1 Authority serving a population of less than 25,000 shall be consolidated such that no 9-1-1 Authority in the county serves a population of less than 25,000.

(3) In any county with a population of at least 250,000 but less than 1,000,000 that has more than one Emergency Telephone System Board or Joint Emergency Telephone System Board, each 9-1-1 Authority shall reduce the number of PSAPs by at least 50% or to 2 PSAPs, whichever is greater. Nothing in this paragraph shall preclude consolidation of a 9-1-1 Authority into a Joint Emergency Telephone System Board, and nothing in this paragraph shall preclude consolidation resulting in one PSAP in the county.

(4) In any county with a population of less than 250,000 that has a single Emergency Telephone System Board and more than 2 PSAPs, the 9-1-1 Authority shall reduce the number of PSAPs by at least 50% or to 2 PSAPs, whichever is greater. Nothing in this paragraph shall preclude consolidation resulting in one PSAP in the county.

(5) (Blank). In any county with a population of less than 250,000 that has more than one Emergency Telephone System Board or Joint Emergency Telephone System Board and more than 2 PSAPS, the 9-1-1 Authorities shall be consolidated into a single joint board, and the number of PSAPs shall be reduced by at least 50% or to 2 PSAPs, whichever is greater. Nothing in this paragraph shall preclude consolidation resulting in one PSAP in the county.

(6) (Blank). Any 9-1-1 Authority that does not have a PSAP within its jurisdiction shall be consolidated through an intergovernmental agreement with an existing 9-1-1 Authority that has a PSAP to create a Joint Emergency Telephone Board.

(7) (Blank). The corporate authorities of each county that has no 9-1-1 service as of January 1, 2016 shall provide 9-1-1 wireline and wireless 9-1-1 service for that county by either (i) entering into an intergovernmental agreement with an existing Emergency Telephone System Board to create a new Joint Emergency Telephone System Board, or (ii) entering into an intergovernmental agreement with the corporate authorities that have created an existing Joint Emergency Telephone System Board.

(b) By July 1, 2016, each county required to consolidate pursuant to paragraph (7) of subsection (a) of this Section and each 9-1-1 Authority required to consolidate pursuant to paragraphs (1) through (6) of subsection (a) of this Section shall file a plan for consolidation or a request for a waiver pursuant to subsection (c) of this Section with the Office of the Statewide 9-1-1 Administrator.

(1) No county or 9-1-1 Authority may avoid the requirements of this Section by converting primary PSAPs to secondary or virtual answering points; however, a PSAP may be decommissioned. Staff from decommissioned PSAPs may remain to perform nonemergency police, fire, or EMS responsibilities. Any county or 9-1-1 Authority not in compliance with this Section shall be ineligible to receive consolidation grant funds issued under Section 15.4b of this Act or monthly disbursements otherwise due under Section 30 of this Act, until the county or 9-1-1 Authority is in compliance.

(2) Within 60 calendar days of receiving a consolidation plan or waiver, the Statewide 9-1-1 Advisory Board shall hold at least one public hearing on the plan and provide a recommendation to the Administrator. Notice of the hearing shall be provided to the respective entity to which the plan applies. If there are no contested issues in the filing, then no public hearing shall be warranted.

(3) Within 90 calendar days of receiving a consolidation plan, the Administrator shall approve the plan or waiver, approve the plan as modified, or grant a waiver pursuant to subsection (c) of this Section. In making his or her decision, the Administrator shall consider any recommendation from the Statewide 9-1-1 Advisory Board regarding the plan. If the Administrator does not follow the recommendation of the Board, the Administrator shall provide a written explanation for the deviation in his or her decision.

(4) The deadlines provided in this subsection may be extended upon agreement between the Administrator and entity which submitted the plan.

(c) A waiver from a consolidation required under subsection (a) of this Section may be granted if the Administrator finds that the consolidation will result in a substantial threat to public safety, is economically unreasonable, or is technically infeasible.

(d) Any decision of the Administrator under this Section shall be deemed a final administrative decision and shall be subject to judicial review under the Administrative Review Law.

(Source: P.A. 102-9, eff. 6-3-21; 103-154, eff. 6-30-23.)

(50 ILCS 750/15.4b)

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

Sec. 15.4b. Consolidation grants.

(a) The Administrator, with the advice and recommendation of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1 System Consolidation Grant Program to defray costs associated with 9-1-1 system consolidation of systems outside of a municipality with a population in excess of 500,000. The awarded grants will be used to offset non-recurring costs associated with the consolidation of 9-1-1 systems and shall not be used for ongoing operating costs associated with the consolidated system. The Illinois State Police, in consultation with the Administrator and the Statewide 9-1-1 Advisory Board, shall adopt rules defining the grant process and criteria for issuing the grants. The grants should be awarded based on criteria that include, but are not limited to:

(1) reducing the number of transfers of a 9-1-1 call;

(2) reducing the infrastructure required to adequately provide 9-1-1 network services;

(3) promoting cost savings from resource sharing among 9-1-1 systems;

(4) facilitating interoperability and resiliency for the receipt of 9-1-1 calls;

(5) reducing the number of 9-1-1 systems or reducing the number of PSAPs within a 9-1-1 system;

(6) cost saving resulting from 9-1-1 system consolidation; and

(7) expanding NG9-1-1 service coverage as a result of 9-1-1 system consolidation.

Priority shall be given to first-time grant applicants first to counties not providing 9-1-1 service as of January 1, 2016, and next to other entities consolidating as required under Section 15.4a of this Act.

(b) The 9-1-1 System Consolidation Grant application, as defined by Illinois State Police rules, shall be submitted electronically using the State's grant management system by February 1, 2024 and every February 1 thereafter. The application shall include a modified 9-1-1 system plan as required by this Act in support of the consolidation plan. The Administrator shall have until June 30, 2016 and every June 30 thereafter to approve 9-1-1 System Consolidation grants and modified 9-1-1 system plans. Payment requests for under the approved 9-1-1 System Consolidation grant applications grants shall be contingent upon an Order for an Application for 9-1-1 Consolidation Plan the final approval of a modified 9-1-1 system plan.

(c) (Blank).

(d) The 9-1-1 systems that receive grants under this Section shall provide a report detailing grant fund usage to the Administrator pursuant to Section 40 of this Act.

(Source: P.A. 102-538, eff. 8-20-21; 103-366, eff. 1-1-24.)

(50 ILCS 750/15.6b)

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

Sec. 15.6b. Next generation Generation 9-1-1 service.

The Illinois State Police shall maintain a statewide next generation 9-1-1 network. (a) The Administrator, with the advice and recommendation of the Statewide 9-1-1 Advisory Board, shall develop and implement a plan for a statewide Next Generation 9-1-1 network. The next generation Next Generation 9-1-1 network must be an Internet protocol-based platform that at a minimum provides:

(1) improved 9-1-1 call delivery;

(2) enhanced interoperability;

(3) increased ease of communication between 9-1-1 service providers, allowing immediate transfer of 9-1-1 calls, caller information, photos, and other data statewide;

(4) a hosted solution with redundancy built in; and

(5) compliance with the most current NENA Standards.

(b) By July 1, 2016, the Administrator, with the advice and recommendation of the Statewide 9-1-1 Advisory Board, shall design and issue a competitive request for a proposal to secure the services of a consultant to complete a feasibility study on the implementation of a statewide Next Generation 9-1-1 network in Illinois. By July 1, 2017, the consultant shall complete the feasibility study and make recommendations as to the appropriate procurement approach for developing a statewide Next Generation 9-1-1 network.

(c) Within 12 months of the final report from the consultant under subsection (b) of this Section, the Illinois State Police shall procure and finalize a contract with a vendor certified under Section 13-900 of the Public Utilities Act to establish a statewide Next Generation 9-1-1 network. The Illinois State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement the provisions of this Section. A contract or contracts under this subsection are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. This exemption is inoperative 2 years from June 3, 2021 (the effective date of Public Act 102-9). Within 18 months of securing the contract, the vendor shall implement a Next Generation 9-1-1 network that allows 9-1-1 systems providing 9-1-1 service to Illinois residents to access the system utilizing their current infrastructure if it meets the standards adopted by the Illinois State Police.

(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(50 ILCS 750/15.9 new)

Sec. 15.9. Configuration of Multi-line telephone systems.

(a) An entity engaged in the business of installing, managing, or operating multi-line telephone systems in the State shall comply with applicable federal laws, including, but not limited to, 47 CFR 9.15 through 9.17 and Section 506 RAY BAUM'S Act of 2018. The requirements apply to any multi-line telephone system that is manufactured, imported, offered for sale or lease, or first sold, leased, or installed after February 16, 2020. All multi-line telephone systems are required to dial 9-1-1 directly.

(b) Alternative location information may be coordinate-based, and it must be sufficient to identify the caller's civic address and approximate in-building location, including floor level, in large buildings.

(50 ILCS 750/17.5)

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

Sec. 17.5. Statewide 9-1-1 Call Directory.

(a) The General Assembly finds the following:

(1) Some 9-1-1 systems throughout this State do not have a procedure in place to manually transfer 9-1-1 calls originating within one 9-1-1 system's jurisdiction, but which should properly be answered and dispatched by another 9-1-1 system, to the appropriate 9-1-1 system for answering and dispatching dispatch of first responders.

(2) On January 1, 2016, the General Assembly gave oversight authority of 9-1-1 systems to the Illinois State Police.

(3) Since that date, the Illinois State Police has authorized individual 9-1-1 systems in counties and municipalities to implement and upgrade 9-1-1 systems throughout the State.

(b) The Illinois State Police shall prepare a directory of all authorized 9-1-1 systems in the State. The directory shall include an emergency 24/7 10-digit telephone number for all primary public safety answering points located in each 9-1-1 system to which 9-1-1 calls from another jurisdiction can be transferred. This directory shall be made available to each 9-1-1 authority for its use in establishing standard operating procedures regarding calls outside its 9-1-1 jurisdiction.

(c) Each 9-1-1 system shall provide the Illinois State Police with the following information:

(1) The name of the PSAP, a list of every participating agency, and the county the PSAP is in, including college and university public safety entities.

(2) The 24/7 10-digit emergency telephone number for the dispatch agency to which 9-1-1 calls originating in another 9-1-1 jurisdiction can be transferred to exchange information. The emergency telephone number must be a direct line that is not answered by an automated system but rather is answered by a person. Each 9-1-1 system shall provide the Illinois State Police with any changes to the participating agencies and this number immediately upon the change occurring. Each 9-1-1 system shall provide the PSAP information and the 24/7 10-digit emergency telephone number within 30 days of June 3, 2021 (the effective date of Public Act 102-9).

(3) The standard operating procedure describing the manner in which the 9-1-1 system will transfer 9-1-1 calls originating within its jurisdiction, but which should properly be answered and dispatched by another 9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1 system shall provide the standard operating procedures to the Manager of the Illinois State Police's 9-1-1 Program within 180 days after July 1, 2017 (the effective date of Public Act 100-20).

(d) Unless exigent circumstances dictate otherwise, each 9-1-1 system's public safety telecommunicators shall be responsible for remaining on the line with the caller when a 9-1-1 call originates within its jurisdiction to ensure the 9-1-1 call is transferred to the appropriate authorized entity for answer and dispatch until a public safety telecommunicator is on the line and confirms jurisdiction for the call.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(50 ILCS 750/19)

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

Sec. 19. Statewide 9-1-1 Advisory Board.

(a) Beginning July 1, 2015, there is created the Statewide 9-1-1 Advisory Board within the Illinois State Police. The Board shall consist of the following voting members:

(1) The Director of the Illinois State Police, or his or her designee, who shall serve as chairman.

(2) The Executive Director of the Commission, or his or her designee.

(3) Members appointed by the Governor as follows:

(A) one member representing the Illinois chapter of the National Emergency Number Association, or his or her designee;

(B) one member representing the Illinois chapter of the Association of Public-Safety Communications Officials, or his or her designee;

(C) one member representing a county 9-1-1 system from a county with a population of less than 37,000;

(C-5) one member representing a county 9-1-1 system from a county with a population between 37,000 and 100,000;

(D) one member representing a county 9-1-1 system from a county with a population between 100,001 and 250,000;

(E) one member representing a county 9-1-1 system from a county with a population of more than 250,000;

(F) one member representing a municipal or intergovernmental cooperative 9-1-1 system, excluding any single municipality with a population over 500,000;

(G) one member representing the Illinois Association of Chiefs of Police;

(H) one member representing the Illinois Sheriffs' Association; and

(I) one member representing the Illinois Fire Chiefs Association.

The Governor shall appoint the following non-voting members: (i) one member representing an incumbent local exchange 9-1-1 system provider; (ii) one member representing a non-incumbent local exchange 9-1-1 system provider; (iii) one member representing a large wireless carrier; (iv) one member representing an incumbent local exchange carrier; (v) one member representing the Illinois Broadband and Telecommunications Association; (vi) one member representing the Illinois Broadband and Cable Association; and (vii) one member representing the Illinois State Ambulance Association. The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate may each appoint a member of the General Assembly to temporarily serve as a non-voting member of the Board during the 12 months prior to the repeal date of this Act to discuss legislative initiatives of the Board.

(b) The Governor shall make initial appointments to the Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the voting members appointed by the Governor shall serve an initial term of 2 years, and the remaining voting members appointed by the Governor shall serve an initial term of 3 years. Thereafter, each appointment by the Governor shall be for a term of 3 years and until their respective successors are appointed. Non-voting members shall serve for a term of 3 years. Vacancies shall be filled in the same manner as the original appointment. Persons appointed to fill a vacancy shall serve for the balance of the unexpired term.

Members of the Statewide 9-1-1 Advisory Board shall serve without compensation.

(c) The 9-1-1 Services Advisory Board, as constituted on June 1, 2015, without the legislative members, shall serve in the role of the Statewide 9-1-1 Advisory Board until all appointments of voting members have been made by the Governor under subsection (a) of this Section.

(d) The Statewide 9-1-1 Advisory Board shall:

(1) advise the Illinois State Police and the Statewide 9-1-1 Administrator on the oversight of 9-1-1 systems and the development and implementation of a uniform statewide 9-1-1 system;

(2) make recommendations to the Governor and the General Assembly regarding improvements to 9-1-1 services throughout the State; and

(3) exercise all other powers and duties provided in this Act.

(e) The Statewide 9-1-1 Advisory Board shall submit to the General Assembly a report, by April March 1 of each year, that provides providing an update on the state of transition to a statewide 9-1-1, 9-1-1 statistics, system and recommendations for recommending any legislative actions action.

(f) The Illinois State Police shall provide administrative support to the Statewide 9-1-1 Advisory Board.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-564, eff. 11-17-23.)

(50 ILCS 750/20)

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

Sec. 20. Statewide surcharge.

(a) On and after January 1, 2016, and except with respect to those customers who are subject to surcharges as provided in Section Sections 15.3 and 15.3a of this Act, a monthly surcharge shall be imposed on all customers of telecommunications carriers and wireless carriers as follows:

(1) Each telecommunications carrier shall impose a monthly surcharge per network connection; provided, however, the monthly surcharge shall not apply to a network connection provided for use with pay telephone services. Where multiple voice grade communications channels are connected between the subscriber's premises and a public switched network through private branch exchange (PBX), Centrex type service, or other multiple voice grade communication channels facility, there shall be imposed 5 such surcharges per network connection for both regular service and advanced service provisioned trunk lines. Until December 31, 2017, the surcharge shall be $0.87 per network connection and on and after January 1, 2018, the surcharge shall be $1.50 per network connection.

(1.5) For an advanced service, the surcharge is based on the number of concurrent voice paths. As used in this paragraph, "concurrent voice paths or trunk lines" means the largest number of calls that can dial to 9-1-1 from a single location. The telecommunications carrier collecting the surcharge shall impose surcharges in accordance with the table provided in this Section, without limiting any telecommunications carrier's obligations to otherwise keep and maintain records. Any telecommunications carrier electing to impose fewer than 5 surcharges per advanced service provisioned path or shall keep and maintain records adequately to demonstrate the VGC capability of each advanced service provisioned path or with fewer than 5 surcharges imposed, provided that 20 surcharges shall be imposed on an advanced service provisioned voice paths or trunk lines regardless of the VGC capability where a telecommunications carrier cannot demonstrate the VGC capability of the advanced service provisioned voice paths or trunk lines. The VGC 9-1-1 surcharges shall be assessed as follows:

(A) for up to 10 VGC voice paths or trunk lines, no more than 5 surcharges;

(B) for up to 50 VGC voice paths or trunk lines, no more than 20 surcharges; and

(C) for over 50 VGC voice patch or trunk lines, no more than 20% of the lines that have surcharges.

(2) (Blank). Each wireless carrier shall impose and collect a monthly surcharge per CMRS connection that either has a telephone number within an area code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State. Until December 31, 2017, the surcharge shall be $0.87 per connection and on and after January 1, 2018, the surcharge shall be $1.50 per connection.

(a-5) For purposes of computing the surcharge imposed by this Section, the network connections to which the surcharge shall apply shall be those in-service network connections, other than those network connections assigned to the municipality or county, where the service address for each network connection is located within the corporate limits of the State levying the surcharge. Except for mobile telecommunication services, the "service address" shall mean the location of the primary use of the network connection or connections. For mobile telecommunication services, "service address" means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act.

(b) (Blank). State and local taxes shall not apply to the surcharges imposed under this Section.

(b-5) The surcharges imposed by this Section shall be stated as separate items on subscriber bills.

(b-10) The telecommunications carrier collecting the surcharge may deduct and retain 1.74% of the gross amount of surcharge collected in order to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge.

(c) The surcharges authorized imposed by this Section shall be collected from the subscriber by the telecommunications carrier providing the subscriber with the network connection as stated as a separately stated item on the subscriber's bill subscriber bills.

(d) The amount of the surcharge collected by the telecommunications carrier shall be paid to the State not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due the particular telecommunications carrier, as shown on an itemized bill. The telecommunications carrier collecting the surcharge shall also be entitled to may deduct and retain 1.74% of the gross amount of the surcharge collected in order to reimburse the telecommunications carrier for the expense of accounting and collecting the surcharge.

Each wireless carrier shall impose and collect a monthly surcharge per CMRS connection that has a telephone number with a primary place of use within this State. After January 1, 2018, the surcharge shall be $1.50 per connection.

On and after July 1, 2022, the wireless carrier collecting a surcharge under this Section may deduct and retain 1.74% of the gross amount of the surcharge collected to reimburse the wireless carrier for the expense of accounting and collecting the surcharge.

(d-5) (Blank). Notwithstanding the provisions of subsection (d) of this Section, an amount not greater than 2.5% may be deducted and retained if the telecommunications or wireless carrier can support, through documentation, expenses that exceed the 1.74% allowed. The documentation shall be submitted to the Illinois State Police and input obtained from the Statewide 9-1-1 Advisory Board prior to approval of the deduction.

(e) Surcharges imposed under this Section shall be collected by the carriers and shall be remitted to the Illinois State Police by the payment method set by the Illinois State Treasurer's Office. All payments less than $100,000 must be made electronically per the instructions given by the Illinois State Treasurer's Office and the Illinois State Police. Surcharge payments are due , either by check or electronic funds transfer, by the end of the next calendar month after the calendar month in which they were it was collected for deposit into the Statewide 9-1-1 Fund. Carriers are not required to remit surcharges surcharge that are billed to subscribers but not yet collected. Monthly remittances by wireless carriers shall include the number of subscribers by 5-digit zip code. A carrier that fails to provide the zip code information required under this subsection (e) shall be subject to the penalty set forth in subsection (g) of this Section moneys that are billed to subscribers but not yet collected.

(e-5) The first remittance by wireless carriers shall include the number of subscribers by zip code, and the 5-digit 9-digit zip code and if currently being used or later implemented by the carrier, that shall be the means by which the Illinois State Police determines shall determine distributions from the Statewide 9-1-1 Fund. This information shall be updated monthly based on the subscriber's PPU and should not be a post office box at least once each year. Any carrier that fails to provide the zip code information required under this subsection (e) shall be subject to the penalty set forth in subsection (g) of this Section.

(f) If, within 8 calendar days after it is due under subsection (e) of this Section, a carrier does not remit the surcharge or any portion thereof required under this Section, then the surcharge or portion thereof shall be deemed delinquent until paid in full, and the Illinois State Police may impose a penalty against the carrier in an amount equal to the greater of:

(1) $25 for each month or portion of a month from the time an amount becomes delinquent until the amount is paid in full; or

(2) an amount equal to the product of 1% and the sum of all delinquent amounts for each month or portion of a month that the delinquent amounts remain unpaid.

A penalty imposed in accordance with this subsection (f) for a portion of a month during which the carrier pays the delinquent amount in full shall be prorated for each day of that month that the delinquent amount was paid in full. Any penalty imposed under this subsection (f) is in addition to the amount of the delinquency and is in addition to any other penalty imposed under this Section.

(g) If, within 8 calendar days after it is due, a wireless carrier does not provide the number of subscribers by zip code as required under subsection (e) of this Section, then the report is deemed delinquent and the Illinois State Police may impose a penalty against the carrier in an amount equal to the greater of:

(1) $25 for each month or portion of a month that the report is delinquent; or

(2) an amount equal to the product of $0.01 and the number of subscribers served by the carrier for each month or portion of a month that the delinquent report is not provided.

A penalty imposed in accordance with this subsection (g) for a portion of a month during which the carrier provides the number of subscribers by zip code as required under subsection (e) of this Section shall be prorated for each day of that month during which the carrier had not provided the number of subscribers by zip code as required under subsection (e) of this Section. Any penalty imposed under this subsection (g) is in addition to any other penalty imposed under this Section.

(h) A penalty imposed and collected in accordance with subsection (f) or (g) of this Section shall be deposited into the Statewide 9-1-1 Fund for distribution according to Section 30 of this Act.

(i) The Illinois State Police may enforce the collection of any delinquent amount and any penalty due and unpaid under this Section by legal action or in any other manner by which the collection of debts due the State of Illinois may be enforced under the laws of this State. The Illinois State Police may excuse the payment of any penalty imposed under this Section if the Administrator determines that the enforcement of this penalty is unjust.

(j) Notwithstanding any provision of law to the contrary, nothing shall impair the right of wireless carriers to recover unreimbursed compliance costs for all emergency communications services directly from their wireless subscribers by line-item charges on the wireless subscriber's bill. Those compliance costs include all costs incurred by wireless carriers in complying with local, State, and federal regulatory or legislative mandates that require the transmission and receipt of emergency communications to and from the general public, including, but not limited to, NG9-1-1 E9-1-1.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)

(50 ILCS 750/30)

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

Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.

(a) Moneys deposited into the Statewide 9-1-1 Fund may be used only for purposes or functions set forth in Section 35. The direct distribution of funds from the Statewide 9-1-1 Fund to a municipality is prohibited. The moneys deposited into the Statewide 9-1-1 Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act. A special fund in the State treasury known as the Wireless Service Emergency Fund shall be renamed the Statewide 9-1-1 Fund. Any appropriations made from the Wireless Service Emergency Fund shall be payable from the Statewide 9-1-1 Fund. The Statewide 9-1-1 Fund shall consist of the following:

(1) (Blank).

(2) 9-1-1 surcharges assessed under Section 20 of this Act.

(3) Prepaid wireless 9-1-1 surcharges assessed under Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.

(4) Any appropriations, grants, or gifts made to the Fund.

(5) Any income from interest, premiums, gains, or other earnings on moneys in the Fund.

(6) Money from any other source that is deposited in or transferred to the Fund.

(b) Subject to appropriation and availability of funds, the Illinois State Police shall distribute the 9-1-1 surcharges monthly as follows:

(1) From each surcharge collected and remitted under Section 20 of this Act:

(A) $0.013 shall be distributed monthly in equal amounts to each County Emergency Telephone System Board in counties with a population under 100,000, including counties that are members of a joint ETSB and counties that are not members of a joint ETSB, according to the most recent census data which is authorized to serve as a primary wireless 9-1-1 public safety answering point for the county and to provide wireless 9-1-1 service as prescribed by subsection (b) of Section 15.6a of this Act, and which does provide such service.

(B) (Blank).

(C) Until December 31, 2017, $0.007 and on and after January 1, 2018, $0.017 shall be used to cover the Illinois State Police's administrative costs.

(D) (Blank). Beginning January 1, 2018, until June 30, 2020, $0.12, and on and after July 1, 2020, $0.04 shall be used to make monthly disbursements to the appropriate 9-1-1 Authority currently taking wireless 9-1-1 based upon the United States Postal Zip Code of the billing addresses of subscribers wireless carriers.

(E) Until June 30, 2028 2025, $0.05 shall be used by the Illinois State Police for grants for NG9-1-1 expenses, with priority given to 9-1-1 Authorities that provide 9-1-1 service within the territory of a Large Electing Provider as defined in Section 13-406.1 of the Public Utilities Act. Grant project priorities shall be determined by the Administrator with the advice of the Statewide 9-1-1 Advisory Board. NG9-1-1 grant funds not obligated to an award for an NG9-1-1 grant expense shall be distributed to the 9-1-1 authorities in accordance with subparagraph (E) of paragraph (2) on an annual basis at the end of the State fiscal year.

(F) On and after July 1, 2020, $0.13 shall be used for the implementation, maintenance, and upgrades to of and continuing expenses for the Statewide NG9-1-1 system.

(1.5) Beginning on the effective date of this amendatory Act of the 103rd General Assembly, to assist with the implementation of the statewide next generation Next Generation 9-1-1 network, the Illinois State Police's administrative costs include the one-time capital cost of upgrading the Illinois State Police's call-handling equipment to meet the standards necessary to access and increase interoperability with the statewide next generation Next Generation 9-1-1 network.

(A) Upon completion of the Illinois State Police's call-handling equipment upgrades, but no later than June 30, 2024, surplus moneys in excess of $1,000,000 from subparagraph (C) of paragraph (1) not utilized by the Illinois State Police for administrative costs shall be distributed to the 9-1-1 Authorities in accordance with subparagraph (E) of paragraph (2) on an annual basis at the end of the State fiscal year. Any remaining surplus money may also be distributed consistent with this paragraph (1.5) at the discretion of the Illinois State Police.

(B) Upon implementation of the Statewide NG9-1-1 system, but no later than June 30, 2024, surplus moneys in excess of $5,000,000 from subparagraph (F) of paragraph (1) not utilized by the Illinois State Police for the maintenance implementation of and upgrades to continuing expenses for the Statewide NG9-1-1 system shall be distributed to the 9-1-1 Authorities in accordance with subparagraph (E) of subsection (2) on an annual basis at the end of the State fiscal year. Any remaining surplus money may also be distributed consistent with this paragraph (1.5) at the discretion of the Illinois State Police.

(2) After disbursements under paragraph (1) of this subsection (b), all remaining funds in the Statewide 9-1-1 Fund shall be disbursed in the following priority order:

(A) The Fund shall pay monthly to:

(i) the 9-1-1 Authorities that imposed surcharges under Section 20 15.3 of this Act and were required to report to the Illinois Commerce Commission under Section 27 of the Wireless Emergency Telephone Safety Act on October 1, 2014, except a 9-1-1 Authority in a municipality with a population in excess of 500,000, an amount equal to the average monthly wireline and VoIP surcharge revenue attributable to the most recent 12-month period reported to the Illinois State Police under that Section for the October 1, 2014 filing, subject to the power of the Illinois State Police to investigate the amount reported and adjust the number by order under Article X of the Public Utilities Act, so that the monthly amount paid under this item accurately reflects one-twelfth of the aggregate wireline and VoIP surcharge revenue properly attributable to the most recent 12-month period reported to the Commission; or

(ii) county qualified governmental entities that did not impose a surcharge under Section 15.3 as of December 31, 2015, and counties that did not impose a surcharge as of June 30, 2015, an amount equivalent to their population multiplied by .37 multiplied by the rate of $0.69; counties that are not county qualified governmental entities and that did not impose a surcharge as of December 31, 2015, shall not begin to receive the payment provided for in this subsection until NG9-1-1 E9-1-1 and wireless E9-1-1 services are provided within their counties; or

(iii) counties without 9-1-1 service that had a surcharge in place by December 31, 2015, an amount equivalent to their population multiplied by .37 multiplied by their surcharge rate as established by the referendum.

(B) All 9-1-1 network costs for systems outside of municipalities with a population of less than of at least 500,000 shall be paid by the Illinois State Police Statewide 9-1-1 Bureau directly to the vendors.

(C) All expenses incurred by the Administrator and the Statewide 9-1-1 Advisory Board and costs associated with procurement under Section 15.6b including requests for information and requests for proposals.

(D) Funds may be held in reserve by the Statewide 9-1-1 Advisory Board and disbursed by the Illinois State Police for grants under Section 15.4b of this Act and for NG9-1-1 expenses up to $12.5 million per year in State fiscal years 2016 and 2017; up to $20 million in State fiscal year 2018; up to $20.9 million in State fiscal year 2019; up to $15.3 million in State fiscal year 2020; up to $16.2 million in State fiscal year 2021; up to $23.1 million in State fiscal year 2022; and up to $17.0 million per year for State fiscal year 2023 and each year thereafter. The amount held in reserve in State fiscal years 2021, 2022, and 2023 shall not be less than $6.5 million. Disbursements under this subparagraph (D) shall be prioritized as follows: (i) consolidation grants prioritized under subsection (a) of Section 15.4b of this Act; (ii) NG9-1-1 expenses; and (iii) consolidation grants under Section 15.4b of this Act for consolidation expenses incurred between January 1, 2010, and January 1, 2016.

(E) All remaining funds per remit month shall be used to make monthly disbursements to the appropriate 9-1-1 Authority currently taking wireless 9-1-1 based upon the United States Postal Zip Code of the primary place billing addresses of use for subscribers of wireless carriers.

(c) (Blank). The moneys deposited into the Statewide 9-1-1 Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(d) Whenever two or more 9-1-1 Authorities consolidate, the resulting Joint Emergency Telephone System Board shall be entitled to the monthly payments that had theretofore been made to each consolidating 9-1-1 Authority. Any reserves held by any consolidating 9-1-1 Authority shall be transferred to the resulting Joint Emergency Telephone System Board. The Illinois State Police shall make a single payment for each 9-1-1 Authority for each of the disbursements required under this Section consistent with the provisions of this Act. If a 9-1-1 Authority fails to meet the requirements of this Act for next generation 9-1-1 (i3) and text to 9-1-1 due dates, or does not submit the required NG9-1-1 GIS data to support geospatial routing of 9-1-1 calls in accordance with the published update schedule, then 5% of the 9-1-1 Authority monthly surcharge distribution will be held provided that notice is given each month until the 9-1-1 Authority achieves compliance. After 3 months, a surcharge that has been held shall be forfeited one month at a time until full compliance is achieved, and the 9-1-1 Authority shall not be eligible for future surcharge distributions or other State funding until all conditions are met. A 9-1-1 Authority may request a waiver if the 9-1-1 Authority has exhausted all avenues to meet the requirements of this Act. The forfeited funds shall be redistributed to 9-1-1 Authorities in accordance with subparagraph (E) of paragraph (2) of Section 30 on an annual basis at the end of the State's fiscal year. Whenever a county that has no 9-1-1 service as of January 1, 2016 enters into an agreement to consolidate to create or join a Joint Emergency Telephone System Board, the Joint Emergency Telephone System Board shall be entitled to the monthly payments that would have otherwise been paid to the county if it had provided 9-1-1 service.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-366, eff. 1-1-24; 103-564, eff. 11-17-23.)

(50 ILCS 750/35)

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

Sec. 35. 9-1-1 surcharge; acceptable 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 acceptable 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.

(3) (Blank).

(4) (Blank).

(5) (Blank).

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) (Blank).

(10) (Blank).

(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 do 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.)

(50 ILCS 750/40)

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

Sec. 40. Financial reports.

(a) The Illinois State Police shall create uniform accounting procedures for the making of reports under this Act , with such modification as may be required to give effect to statutory provisions applicable only to municipalities with a population in excess of 500,000, that any emergency telephone system board receiving surcharge money pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.

(b) By January 31, 2018, and every January 31 thereafter, each emergency telephone system board receiving surcharge money pursuant to Section 15.3, 15.3a, or 30 shall report to the Illinois State Police audited financial statements showing total revenue and expenditures for the period beginning with the end of the period covered by the last submitted report through the end of the previous calendar year in a form and manner as prescribed by the Illinois State Police. Such financial information shall include:

(1) a detailed summary of revenue from all sources including, but not limited to, local, State, federal, and private revenues, and any other funds received and shall be based on the audited financials from the audit of outside firms, including the audit of the ETSB's surcharge fund;

(2) all expenditures made during the reporting period from distributions under this Act;

(3) call data and statistics, when available, from the reporting period, as specified by the Illinois State Police and collected in accordance with any reporting method established or required by the Illinois State Police;

(4) all costs associated with dispatching appropriate public safety agencies to respond to 9-1-1 calls received by the PSAP; and

(5) all funding sources and amounts of funding used for costs described in paragraph (4) of this subsection (b).

The ETSB emergency telephone system board is responsible for any costs associated with auditing such financial statements. The Illinois State Police may request copies of the audited financial statements for those statements that include the ETSB's surcharge fund. The Illinois State Police shall post annual financial reports on the Illinois State Police's website.

(c) Along with its annual financial report audited financial statement, each emergency telephone system board receiving a grant under Section 15.4b or Section 30 of this Act shall include a report on of the amount of grant moneys received and how the grant moneys were used. In case of a conflict between this requirement and the Grant Accountability and Transparency Act, or with the rules of the Governor's Office of Management and Budget adopted thereunder, that Act and those rules shall control.

(d) If an emergency telephone system board that receives funds from the Statewide 9-1-1 Fund fails to file the 9-1-1 system financial reports as required under this Section, the Illinois State Police shall suspend and withhold monthly disbursements otherwise due to the emergency telephone system board under Section 30 of this Act until the report is filed.

Any monthly disbursements that have been withheld for 12 months or more shall be forfeited by the emergency telephone system board and shall be distributed proportionally by the Illinois State Police to compliant emergency telephone system boards that receive funds from the Statewide 9-1-1 Fund.

Any emergency telephone system board not in compliance with this Section shall be ineligible to receive any consolidation grant or NG9-1-1 expenses infrastructure grant issued under this Act.

(e) The Illinois State Police may adopt emergency rules necessary to implement the provisions of this Section.

(f) Any findings or decisions of the Illinois State Police under this Section shall be deemed a final administrative decision and shall be subject to judicial review under the Administrative Review Law.

(g) Beginning October 1, 2017, the Illinois State Police shall provide a quarterly report to the Statewide 9-1-1 Advisory Board of its expenditures from the Statewide 9-1-1 Fund for the prior fiscal quarter.

(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)

(50 ILCS 750/80)

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

Sec. 80. Continuation of Act; validation.

(a) The General Assembly finds and declares that this amendatory Act of the 100th General Assembly manifests the intention of the General Assembly to extend the repeal of this Act and have this Act continue in effect until December 31, 2020.

(b) This Section shall be deemed to have been in continuous effect since July 1, 2017, and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Act taking effect on or after July 1, 2017, are hereby validated. All actions taken in reliance on or under this Act by the Illinois State Police or any other person or entity are hereby validated.

(c) In order to ensure the continuing effectiveness of this Act, it is set forth in full and reenacted by this amendatory Act of the 100th General Assembly. Striking and underscoring are used only to show changes being made to the base text. This reenactment is intended as a continuation of this Act. It is not intended to supersede any amendment to this Act that is enacted by the 100th General Assembly.

(Source: P.A. 102-538, eff. 8-20-21.)

(50 ILCS 750/99)

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

Sec. 99. Repealer. This Act is repealed on December 31, 2027 2025.

(Source: P.A. 102-9, eff. 6-3-21; 103-366, eff. 7-28-23.)

(50 ILCS 750/10.2 rep.)

(50 ILCS 750/15.3a rep.)

(50 ILCS 750/15.5 rep.)

(50 ILCS 750/15.5a rep.)

(50 ILCS 750/15.6a rep.)

(50 ILCS 750/15.6c rep.)

(50 ILCS 750/15.7 rep.)

(50 ILCS 750/15.8a rep.)

(50 ILCS 750/75 rep.)

Section 10. The Emergency Telephone System Act is amended by repealing Sections 10.2, 15.3a, 15.5, 15.5a, 15.6a, 15.6c, 15.7, 15.8a, and 75.

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