HB0046 96TH GENERAL ASSEMBLY

LRB096 03139 JAM 13155 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0046

Introduced 1/14/2009, by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.719 new

Creates the First Responders' Mobile Communications Transition Act. Requires that the Director of State Police appoint a task force to develop and adopt a plan for the coordination of a mobile communications infrastructure for the State's first responders. Requires that each State agency, unit of local government, public institution of higher education, community college district, and school district that is a first responder or employs one or more first responders must coordinate its first responders' mobile communications in compliance with the infrastructure plan by January 1, 2019. Requires the Department of State Police, upon recommendation of the task force, to make grants and loans to those entities to assist in their compliance. Establishes reporting and auditing requirements. Preempts home rule. Repeals the Act May 1, 2021. Amends the State Finance Act to create within the State treasury the fund for the loans and grants. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning government.

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

Section 1. Short title. This Act may be cited as the First Responders' Mobile Communications Transition Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"First responder" means a firefighter, fire department, fire protection district, firefighting agency, law enforcement official, law enforcement agency, security guard, security agency, emergency medical responder, emergency medical response agency, emergency management official, emergency management agency, or emergency dispatcher.

"Governmental entity" means an Illinois State agency, unit of local government, public institution of higher education, public community college district, or school district that is a first responder or employs one or more first responders.

"Mobile communications" means handheld communications devices.

Section 10. Task force.

(a) The First Responders' Mobile Communications Transition Task Force is created. The task force shall consist of 15 members appointed by the Director. Three of the members shall be selected from and represent the Department. The other members shall be selected from representatives proposed to the Director by each of the following entities: the Office of the State Fire Marshal, the Illinois Association of Chiefs of Police, the Illinois Sheriffs Association, and the Fraternal Order of Police. No more than 3 representatives of any one of those entities shall be appointed. A task force vacancy shall be filled by the Director by appointment in the same manner as the original appointment.

(b) Task force members shall elect a chairperson from among their number. The task force shall meet at least once each calendar quarter, and more frequently as necessary, at the call of the chairperson. Task force members may not receive compensation for their service on the task force but may be reimbursed, from appropriations for that purpose, for their reasonable and actual expenses incurred in the performance of their duties.

(c) The Department shall provide technical and staff support to the task force.

Section 15. Coordinated first responders' mobile communications infrastructure plan. The task force shall develop a comprehensive 8-year plan for, and seek funding for, the full coordination of the State's first responders' mobile communications infrastructure. By January 1, 2011, the task force shall adopt its final plan and begin communication of that plan to all governmental entities.

Section 20. Compliance with plan by governmental entities.

(a) Each governmental entity must coordinate its first responders' mobile communications to enable every first response force to communicate with every other first response force in Illinois. Notwithstanding any other provision of law, a first response force in this State may maintain a special system for encrypted communications warranted by security situations.

(b) By January 1, 2016, each governmental entity must certify, in writing, to the task force that it has taken substantial steps toward the coordination of its first responders' mobile communications in compliance with the task force's plan.

(c) By January 1, 2019, each governmental entity must certify, in writing, to the Task force that its transition to the coordinated first responders' mobile communications infrastructure is complete.

Section 25. Fund.

(a) The First Responders' Mobile Communications Transition Fund is created as a special fund within the State treasury. The Fund may receive moneys from any lawful source and shall be appropriated to the Department for use as provided in this Section.

(b) Upon the recommendation of the task force, the Department shall make grants and loans from the Fund to governmental entities to assist in achievement of the coordinated first responders' mobile communications infrastructure required by this Act. Repayments of loans made under this subsection, and any interest thereon, shall be deposited into the Fund. Loans made under this subsection must require repayment no later than January 1, 2021.

Section 30. Audits.

(a) The Auditor General shall conduct operational audits of the Department and governmental entities as necessary to oversee compliance with this Act.

(b) From January 1, 2019 through January 1, 2021, the Auditor General shall conduct follow-up audits of the Department and governmental entities to assure that there is universal compliance with the first responders' mobile communications infrastructure coordination required by this Act.

Section 35. Reports.

(a) The task force shall report to the Governor and General Assembly by December 31 of each year on the progress of the development and implementation of the first responders' mobile communications infrastructure coordination plan.

(b) By April 1, 2021, the task force shall report to the Governor and General Assembly its recommendations for the maintenance of the State's coordinated first responders' mobile communications infrastructure.

Section 40. Home rule. This Act is a denial and limitation of home rule powers and functions in accordance with subsection (i) of Section 6 of Article VII of the Illinois Constitution. A home rule unit may not regulate first responders' mobile communications in a manner that is inconsistent with the provisions of this Act.

Section 45. Repeal. This Act is repealed May 1, 2021.

Section 95. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The First Responders' Mobile Communications Transaction Fund.

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