Bill Text: IL HB3743 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Emergency Telephone System Act. Extends the repeal of the Act from December 31, 2021 to December 31, 2023. Makes various changes to definitions. Provides that within 18 months of the awarding of a contract under the Public Utilities Act to provide Next Generation 9-1-1 service (rather than by December 31, 2021), every 9-1-1 system in Illinois, except in a municipality with a population over 500,000, shall provide next generation 9-1-1 service. Provides that a municipality with a population over 500,000 shall establish a statewide Next Generation 9-1-1 network by December 31, 2023. Provides that the information registered by an emergency telephone system with the Statewide 9-1-1 Administrator shall include the identification of the System Manager. Provides that an Emergency Telephone System Board has the power to designate a 9-1-1 System Manager, whose duties and responsibilities shall be set forth by the in writing. Defines "System Manager". Provides that the installation of or connection to a telephone company's network of any automatic alarm, automatic alerting device, or mechanical dialer that causes the number 9-1-1 to be dialed in order to directly access emergency services and does not provide for 2-way communication is prohibited in a 9-1-1 system. Provides that training for public safety telecommunicators must be completed within one year of the Statewide 9-1-1 Administrator establishing the required guidelines, rules, and standards. Provides that upon completing of training, all public safety telecommunicators must complete specified continuing education training regarding the delivery of 9-1-1 services and professionalism bi-annually. Provides that on or after January 1, 2024 (rather than 2022), a municipality with a population over 500,000 may not impose a monthly surcharge in excess of $2.50 per network connection. Provides that on or after January 1, 2024 (rather than 2022), the municipality may continue imposing and collecting its wireless carrier surcharge. Amends the Prepaid Wireless 9-1-1 Surcharge Act. Deletes language providing that on or after January 1, 2021, a home rule municipality having a population in excess of 500,000 may only impose a prepaid wireless 9-1-1 surcharge not to exceed 7% per retail transaction sourced to that jurisdiction. Amends the Small Wireless Facilities Deployment Act. Provides that the Act is repealed on December 31, 2024 (currently, June 1, 2021). Provides that (i) a wireless provider may be required to provide in an application a certification from a radio engineer that it operates the small wireless facility within all applicable FCC standards, (ii) an authority may require small wireless facilities to be collocated on an existing utility pole or existing wireless support structure within 200 feet (currently, 100 feet) of the proposed new-pole collocation, (iii) an authority may require that the wireless provider comply with generally applicable acoustic regulations, and (iv) when a wireless provider replaces or adds a new radio transceiver or antennas to an existing small wireless facility, certification may be required by the wireless provider from a radio engineer that the continuing operation of the small wireless facility complies with all applicable FCC standards; and amends the Illinois Municipal Code providing requirements relating to any requirement that a small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet of a proposed new-pole collocation. Amends the Public Utilities Act. Extends the repeal dates of the Telecommunications Article and the Cable and Video Competition Article from December 31, 2021 to December 31, 2026. Provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). In a provision concerning abandonment of service, provides for the procedure through which a Small Electing Provider may choose to cease offering or providing a telecommunications service. Defines "Small Electing Provider" as an incumbent local exchange carrier that is an electing provider, and that, together with all of its incumbent local exchange carrier affiliates offering telecommunications services within the State of Illinois, has fewer than 40,000 subscriber access lines as of January 1, 2020. Amends the Prevailing Wage Act. Provides that the term "public works" includes construction projects performed by a third party contracted by a public utility in public rights-of-way and construction projects that exceed 15 aggregate miles of new fiber optic cable performed by a third party contracted by a public utility in public rights-of-way. Provides that "public utility" has the meaning given that term in the Public Utilities Act and includes telecommunications carriers, providers of cable or video service, providers of wireless service, interconnected voice over Internet protocol, providers of broadband service, and persons or entities engaged in the installation, repair, or maintenance of fiber optic cable used by these entities. Excludes incumbent local exchange carriers that serve fewer than 20,000 access lines. Amends various other Acts to make conforming changes. Effective immediately, except provisions amending the Prevailing Wage Act take effect on January 1, 2022.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-06-03 - Public Act . . . . . . . . . 102-0009 [HB3743 Detail]

Download: Illinois-2021-HB3743-Chaptered.html



Public Act 102-0009
HB3743 EnrolledLRB102 14600 SPS 19953 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-53 as follows:
(20 ILCS 2605/2605-53)
Sec. 2605-53. 9-1-1 system; sexual assault and sexual
abuse.
(a) The Office of the Statewide 9-1-1 Administrator, in
consultation with the Office of the Attorney General and the
Illinois Law Enforcement Training Standards Board, shall:
(1) develop comprehensive guidelines for
evidence-based, trauma-informed, victim-centered handling
of sexual assault or sexual abuse calls by Public Safety
Answering Point telecommunicators tele-communicators; and
(2) adopt rules and minimum standards for an
evidence-based, trauma-informed, victim-centered training
curriculum for handling of sexual assault or sexual abuse
calls for Public Safety Answering Point telecommunicators
tele-communicators ("PSAP").
(a-5) Within one year after the effective date of this
amendatory Act of the 102nd General Assembly, the Office of
the Statewide 9-1-1 Administrator, in consultation with the
Statewide 9-1-1 Advisory Board, shall:
(1) develop comprehensive guidelines for training on
emergency dispatch procedures, including but not limited
to emergency medical dispatch, and the delivery of 9-1-1
services and professionalism for public safety
telecommunicators and public safety telecommunicator
supervisors; and
(2) adopt rules and minimum standards for continuing
education on emergency dispatch procedures, including but
not limited to emergency medical dispatch, and the
delivery of 9-1-1 services and professionalism for public
safety telecommunicators and public safety
telecommunicator Supervisors; and
(a-10) The Office of the Statewide 9-1-1 Administrator may
as necessary establish by rule appropriate testing and
certification processes consistent with the training required
by this Section.
(b) Training requirements:
(1) Newly hired PSAP telecommunicators
tele-communicators must complete the sexual assault and
sexual abuse training curriculum established in subsection
(a) of this Section prior to handling emergency calls.
(2) All existing PSAP telecommunicators
tele-communicators shall complete the sexual assault and
sexual abuse training curriculum established in subsection
(a) of this Section within 2 years of the effective date of
this amendatory Act of the 99th General Assembly.
(3) Newly hired public safety telecommunicators shall
complete the emergency dispatch procedures training
curriculum established in subsection (a-5) of this Section
prior to independently handling emergency calls within one
year of the Statewide 9-1-1 Administrator establishing the
required guidelines, rules, and standards.
(4) All public safety telecommunicators and public
safety telecommunicator supervisors who were not required
to complete new hire training prior to handling emergency
calls, must either demonstrate proficiency or complete the
training established in subsection (a-5) of this Section
within one year of the Statewide 9-1-1 Administrator
establishing the required guidelines, rules, and
standards.
(5) Upon completion of the training required in either
paragraph (3) or (4) of subsection (b) whichever is
applicable, all public safety telecommunicators and public
safety telecommunicator supervisors shall complete the
continuing education training regarding the delivery of
9-1-1 services and professionalism biennially.
(c) The Illinois State Police may adopt rules for the
administration of this Section.
(Source: P.A. 99-801, eff. 1-1-17.)
Section 10. The Emergency Telephone System Act is amended
by changing Sections 2, 3, 5, 6, 7, 8, 10, 10.3, 14, 15.2,
15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6, 15.6a, 15.6b, 17.5, 19,
20, 30, 40, and 99 and by adding Sections 6.2, 7.1, 11.5, and
45 as follows:
(50 ILCS 750/2) (from Ch. 134, par. 32)
(Section scheduled to be repealed on December 31, 2021)
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 P.01 grade of service standards
for basic 9-1-1 and enhanced 9-1-1 services or meets national
I3 industry call delivery standards for Next Generation 9-1-1
services.
"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 includes an Emergency Telephone
System Board, Joint Emergency Telephone System Board that
provides for the management and operation of a 9-1-1 system ,
and a qualified governmental entity. "9-1-1 Authority"
includes the Department of 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, in an
E9-1-1 system, the automatic display at the public safety
answering point of the caller's telephone number, 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 9-1-1 calling party's
number on the PSAP monitor.
"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 a public safety answering point
that meets the appropriate standards of service and serves as
an alternate to the PSAP operating independently from the PSAP
for enhanced systems and is at a different location, that has
the capability to direct dispatch for the PSAP or otherwise
transfer emergency calls directly to an authorized entity. and
operates independently from the PSAP. 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.
"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 PSAP
telecommunicators by automating selected dispatching and
recordkeeping activities.
"Direct dispatch dispatch method" means a 9-1-1 service
wherein upon receipt of an emergency call, that provides for
the direct dispatch by a public safety telecommunicator
transmits - without delay, transfer, relay, or referral - all
relevant available information to PSAP telecommunicator of the
appropriate public safety personnel or emergency responders
unit upon receipt of an emergency call and the decision as to
the proper action to be taken.
"Decommissioned" means the revocation of a PSAPs authority
to handle 9-1-1 calls as an answering point within the 9-1-1
network.
"Department" means the Department of State Police.
"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.
"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.
"Grade of service" means P.01 for enhanced 9-1-1 services
or the NENA i3 Solution adopted standard for NG9-1-1.
"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 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) supports the delivery of telephone subscriber
information through a secure internet connection to all
emergency telephone system boards;
(7) 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) 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 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 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.
"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 either
manually or remotely triggers a dialing device to access 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.
"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, 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 a telecommunications
carrier's public switched network through Centrex 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 an
Internet Protocol-based (IP-based) open-standards system
comprised of hardware, software, data, and operational
policies and procedures that: managed ESInets, functional
elements and applications, and databases that replicate
traditional E9-1-1 features and functions and provide
additional capabilities. "NG9-1-1" systems are designed to
provide access to emergency services from all connected
communications sources, and provide multimedia data
capabilities for PSAPs and other emergency services
organizations.
(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.
"NG9-1-1 costs" means those recurring costs that directly
relate to the 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 including,
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, software external to the PSAP (data
collection, identity management, aggregation and GIS
functionality), and gateways (legacy 9-1-1 tandems or gateways
or both). Emergency System Routing Proxy (ESRP), Emergency
Call Routing Function/Location Validation Function (ECRF/LVF),
Spatial Information Function (SIF), the Border Control
Function (BCF), and the Emergency Services Internet Protocol
networks (ESInets), legacy network gateways, and all
associated fees, taxes, and surcharges on each invoice.
"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.
"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 C.F.R. 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 C.F.R. 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 C.F.R. 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 C.F.R.
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 Department of 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 is a set of call-takers authorized by
a governing body and operating under common management that
receive 9-1-1 calls and asynchronous event notifications for a
defined geographic area and processes 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 responders.
"Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to
this Act where no emergency telephone system board exists.
"Referral method" means a 9-1-1 service in which the
public safety telecommunicator PSAP 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 method" means a 9-1-1 service in which the public
safety telecommunicator PSAP 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 Department,
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.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity, 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 Department of State
Police.
"System" means the communications equipment and related
software applications 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.
"Transfer method" means a 9-1-1 service in which the
public safety telecommunicator, who receives an emergency PSAP
telecommunicator receiving a call, transmits, redirects, or
conferences transfers that call to the appropriate public
safety agency or other provider of emergency services.
Transfer shall not include a relay or referral of the
information without transferring the caller.
"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 PSAP" means an a public
safety 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 emergency
call takers or dispatchers to the work process, and is capable
of completing the call dispatching process.
"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 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. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/3) (from Ch. 134, par. 33)
(Section scheduled to be repealed on December 31, 2021)
Sec. 3. (a) By July 1, 2017, every local public agency
shall be within the jurisdiction of a 9-1-1 system.
(b) Within 18 months of the awarding of a contract to a
vendor certified under Section 13-900 of the Public Utilities
Act to provide Next Generation 9-1-1 service By December 31,
2021, every 9-1-1 system in Illinois, except in a municipality
with a population over 500,000, shall provide Next Generation
9-1-1 service. A municipality with a population over 500,000
shall provide Next Generation 9-1-1 service by December 31,
2023.
(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. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(50 ILCS 750/5) (from Ch. 134, par. 35)
(Section scheduled to be repealed on December 31, 2021)
Sec. 5. The digits "9-1-1" shall be the primary emergency
telephone number within the system, but a public agency or
public safety agency shall maintain a separate secondary
10-digit seven digit emergency backup number for at least 6
six months after the "9-1-1" system is established and in
operation, and shall maintain a separate number for
nonemergency telephone calls.
(Source: P.A. 100-20, eff. 7-1-17.)
(50 ILCS 750/6) (from Ch. 134, par. 36)
(Section scheduled to be repealed on December 31, 2021)
Sec. 6. Capabilities of system; pay telephones. All
systems shall be designed to meet the specific requirements of
each community and public agency served by the system. Every
system shall be designed to have the capability to of
utilizing the direct dispatch or to method, relay method,
transfer method, or referral method in response to emergency
calls. The General Assembly finds and declares that the most
critical aspect of the design of any system is the procedure
established for handling a telephone request for emergency
services.
In addition, to maximize efficiency and utilization of the
system, all pay telephones within each system shall enable a
caller to dial "9-1-1" for emergency services without the
necessity of inserting a coin. This paragraph does not apply
to pay telephones located in penal institutions, as defined in
Section 2-14 of the Criminal Code of 2012, that have been
designated for the exclusive use of committed persons.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/6.2 new)
Sec. 6.2. Every 9-1-1 system shall be able to accept text
to 9-1-1 no later than January 1, 2023. The Illinois State
Police shall adopt rules for the implementation of this
Section.
(50 ILCS 750/7) (from Ch. 134, par. 37)
(Section scheduled to be repealed on December 31, 2021)
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 insure that
proper preparation and implementation of emergency telephone
systems are accomplished by all public agencies as required
under this Act, the Department, with the advice and assistance
of the Attorney General, shall secure compliance by public
agencies as provided in this Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/7.1 new)
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 comply with the training,
testing, and certification requirements established pursuant
to Section 2605-53 of the Department of State Police Law.
(b) Each 9-1-1 Authority, as well as its answering points,
shall maintain a record regarding its public safety
telecommunicators and public safety telecommunicator
Supervisors compliance with this Section for at least 7 years
and shall make the training records available for inspection
by the Administrator upon request.
(c) 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.
(50 ILCS 750/8) (from Ch. 134, par. 38)
(Section scheduled to be repealed on December 31, 2021)
Sec. 8. The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
coordinate the implementation of systems established under
this Act. To assist with this coordination, all systems
authorized to operate under this Act shall register with the
Administrator information regarding its composition and
organization, including, but not limited to, identification of
the 9-1-1 System Manager and all answering points.
Decommissioned PSAPs shall not be registered and are not part
of the 9-1-1 system in Illinois PSAPs, SAPs, VAPs, Backup
PSAPs, and Unmanned Backup PSAPs. The Department may adopt
rules for the administration of this Section.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/10) (from Ch. 134, par. 40)
(Section scheduled to be repealed on December 31, 2021)
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) The Department 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.
(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 Department 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. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/10.3)
(Section scheduled to be repealed on December 31, 2021)
Sec. 10.3. Notice of address change. The Emergency
Telephone System Board or qualified governmental entity in any
county 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. 100-20, eff. 7-1-17.)
(50 ILCS 750/11.5 new)
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 Part 725.410.
(b) Beginning July 1, 2021, each aggregator that is
operating within the State must email the Office of the
Statewide 9-1-1 Administrator to provide the following
information that supports the implementation of and the
migration to the Statewide NG9-1-1 system:
(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.
(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.
(50 ILCS 750/14) (from Ch. 134, par. 44)
(Section scheduled to be repealed on December 31, 2021)
Sec. 14. The General Assembly declares that a major
purpose of this Act is to ensure that 9-1-1 systems have
redundant methods of dispatch for: (1) each public safety
agency within its jurisdiction, herein known as participating
agencies; and (2) 9-1-1 systems whose jurisdictional
boundaries are contiguous, herein known as adjacent 9-1-1
systems, when an emergency request for service is received for
a public safety agency that needs to be dispatched by the
adjacent 9-1-1 system. Another primary purpose of this Section
is to eliminate instances in which a public safety agency
refuses, once dispatched, to render aid outside of the
jurisdictional boundaries of the public safety agency.
Therefore, in implementing a 9-1-1 system under this Act, all
9-1-1 authorities shall enter into call handling and aid
outside jurisdictional boundaries agreements with each
participating agency and adjacent 9-1-1 system. The agreements
shall provide a primary and secondary means of dispatch. It
must also provide that, once an emergency unit is dispatched
in response to a request through the system, such unit shall
render its services to the requesting party without regard to
whether the unit is operating outside its normal
jurisdictional boundaries. Certified notification of the
continuation of call handling and aid outside jurisdictional
boundaries agreements shall be made among the involved parties
on an annual basis. The Illinois State Police may adopt rules
for the administration of this Section.
(Source: P.A. 100-20, eff. 7-1-17.)
(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
(Section scheduled to be repealed on December 31, 2021)
Sec. 15.2. Any person placing an "emergency call" to
calling the number "911" for the purpose of making an a false
alarm or complaint and reporting false information when, at
the time the call or transmission is made, the person knows
there is no reasonable ground for making the call or
transmission and further knows that the call or transmission
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. 100-20, eff. 7-1-17.)
(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
(Section scheduled to be repealed on December 31, 2021)
Sec. 15.2a. The installation of or connection to a
telephone company's network of any automatic alarm, automatic
alerting device, or mechanical dialer that causes the number
9-1-1 to be dialed in order to directly access emergency
services and does not provide for 2-way communication is
prohibited in a 9-1-1 system.
This Section does not apply to a person who connects to a
9-1-1 network using automatic crash notification technology
subject to an established protocol.
This Section does not apply to devices used to enable
access to the 9-1-1 system for cognitively-impaired or special
needs persons or for persons with disabilities in an emergency
situation reported by a caregiver after initiating a missing
person's report. The device must have the capability to be
activated and controlled remotely by trained personnel at a
service center to prevent falsely activated or repeated calls
to the 9-1-1 system in a single incident. The device must have
the technical capability to generate location information to
the 9-1-1 system. Under no circumstances shall a device be
sold for use in a geographical jurisdiction where the 9-1-1
system has not deployed wireless phase II location technology.
The alerting device shall also provide for either 2-way
communication or send a pre-recorded message to a 9-1-1
provider explaining the nature of the emergency so that the
9-1-1 provider will be able to dispatch the appropriate
emergency responder.
Violation of this Section is a Class A misdemeanor. A
second or subsequent violation of this Section is a Class 4
felony.
(Source: P.A. 99-143, eff. 7-27-15; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
(Section scheduled to be repealed on December 31, 2021)
Sec. 15.3. Local non-wireless surcharge.
(a) Except as provided in subsection (l) of this Section,
the corporate authorities of any municipality or any county
may, subject to the limitations of 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 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 (c), however the
monthly surcharge shall not apply to a network connection
provided for use with pay telephone services. 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 type service, a municipality imposing a surcharge
at a rate per network connection, as determined in accordance
with this Act, shall impose:
(i) in a municipality with a population of 500,000 or
less or in any county, 5 such surcharges per network
connection, as 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 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 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 trunk lines, except
where an advanced service 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 trunk line as provided
in subsection (iv) of this Section; or
(iv) for an advanced service provisioned trunk line
connected between the subscriber's premises and the public
switched network through a P.B.X., where the advanced
service provisioned trunk line is capable of transporting
at least 2 but fewer than 23 simultaneous VGC's per 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 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 trunk line regardless of the VGC capability
where a telecommunications carrier cannot demonstrate the
VGC capability of the advanced service provisioned trunk
line.
Facility VGC's 911 Surcharges
Advanced service provisioned trunk line 18-23 12
Advanced service provisioned trunk line 12-17 10
Advanced service provisioned trunk line 2-11 8
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 paragraph (a) as it existed prior to and following
the effective date of this amendatory Act of the 97th General
Assembly.
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 as defined in the Mobile
Telecommunications Sourcing Conformity Act.
(c) 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) 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) 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 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 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) 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, 2023
2021, 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, 2024 2022, a municipality
with a population over 500,000 may not impose a monthly
surcharge in excess of $2.50 per network connection.
(i) 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) 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) 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) 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. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(50 ILCS 750/15.3a)
(Section scheduled to be repealed on December 31, 2021)
Sec. 15.3a. Local wireless surcharge.
(a) Notwithstanding any other provision of this Act, a
unit of local government or emergency telephone system board
providing wireless 9-1-1 service and imposing and collecting a
wireless carrier surcharge prior to July 1, 1998 may continue
its practices of imposing and collecting its wireless carrier
surcharge, but, except as provided in subsection (b) of this
Section, in no event shall that monthly surcharge exceed $2.50
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis. For
mobile telecommunications services provided on and after
August 1, 2002, any surcharge imposed 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.
(b) Until December 31, 2017, the corporate authorities of
a municipality with a population in excess of 500,000 on the
effective date of this amendatory Act of the 99th General
Assembly may by ordinance continue to impose and collect a
monthly surcharge per commercial mobile radio service (CMRS)
connection or in-service telephone number billed on a monthly
basis that does not exceed the highest monthly surcharge
imposed as of January 1, 2014 by any county or municipality
under subsection (c) of Section 15.3 of this Act. Beginning
January 1, 2018, and until December 31, 2023 2021, a
municipality with a population in excess of 500,000 may by
ordinance continue to impose and collect a monthly surcharge
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis that
does not exceed $5.00. On or after January 1, 2024 2022, the
municipality may continue imposing and collecting its wireless
carrier surcharge as provided in and subject to the
limitations of subsection (a) of this Section.
(c) 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.
(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
(Section scheduled to be repealed on December 31, 2021)
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.
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 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. 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.
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) Planning a 9-1-1 system.
(2) Coordinating and supervising the implementation,
upgrading, or maintenance of the 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 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 a Master Street Address Guide
database before implementation of the 9-1-1 system. The error
ratio of the database shall not at any time exceed 1% of the
total database.
(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) 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. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.4a)
(Section scheduled to be repealed on December 31, 2021)
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, qualified governmental
entities, 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, or qualified governmental entity and more than 2
PSAPs, 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, Joint Emergency Telephone System Board, or
qualified governmental entity, 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, Joint Emergency
Telephone System Board, or qualified governmental entity,
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
or qualified governmental entity 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) 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, or
qualified governmental entity 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) 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) The corporate authorities of each county that has
no 9-1-1 service as of January 1, 2016 shall provide
enhanced 9-1-1 wireline and wireless enhanced 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.
(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. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.6)
(Section scheduled to be repealed on December 31, 2021)
Sec. 15.6. Enhanced 9-1-1 service; business service.
(a) After June 30, 2000, or within 18 months after
enhanced 9-1-1 service becomes available, any entity that
installs or operates a private business switch service and
provides telecommunications facilities or services to
businesses shall assure that the system is connected to the
public switched network in a manner that calls to 9-1-1 result
in automatic number and location identification. For buildings
having their own street address and containing workspace of
40,000 square feet or less, location identification shall
include the building's street address. For buildings having
their own street address and containing workspace of more than
40,000 square feet, location identification shall include the
building's street address and one distinct location
identification per 40,000 square feet of workspace. Separate
buildings containing workspace of 40,000 square feet or less
having a common public street address shall have a distinct
location identification for each building in addition to the
street address.
(b) Exemptions. Buildings containing workspace of more
than 40,000 square feet are exempt from the multiple location
identification requirements of subsection (a) if the building
maintains, at all times, alternative and adequate means of
signaling and responding to emergencies. Those means shall
include, but not be limited to, a telephone system that
provides the physical location of 9-1-1 calls coming from
within the building. Health care facilities are presumed to
meet the requirements of this paragraph if the facilities are
staffed with medical or nursing personnel 24 hours per day and
if an alternative means of providing information about the
source of an emergency call exists. Buildings under this
exemption must provide 9-1-1 service that provides the
building's street address.
Buildings containing workspace of more than 40,000 square
feet are exempt from subsection (a) if the building maintains,
at all times, alternative and adequate means of signaling and
responding to emergencies, including a telephone system that
provides the location of a 9-1-1 call coming from within the
building, and the building is serviced by its own medical,
fire and security personnel. Buildings under this exemption
are subject to emergency phone system certification by the
Administrator.
Buildings in communities not serviced by enhanced 9-1-1
service are exempt from subsection (a).
Correctional institutions and facilities, as defined in
subsection (d) of Section 3-1-2 of the Unified Code of
Corrections, are exempt from subsection (a).
(c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.
(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Department or on his or
her own initiative, or any other interested person, from
seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
(f) The Department may promulgate rules for the
administration of this Section.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.6a)
(Section scheduled to be repealed on December 31, 2021)
Sec. 15.6a. Wireless emergency 9-1-1 service.
(a) The digits "9-1-1" shall be the designated emergency
telephone number within the wireless system.
(b) The Department may set non-discriminatory and uniform
technical and operational standards consistent with the rules
of the Federal Communications Commission for directing calls
to authorized public safety answering points. These standards
shall not in any way prescribe the technology or manner a
wireless carrier shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls, and these standards shall not exceed
the requirements set by the Federal Communications Commission;
however, standards for directing calls to the authorized
public safety answering point shall be included. The authority
given to the Department in this Section is limited to setting
standards as set forth herein and does not constitute
authority to regulate wireless carriers.
(c) For the purpose of providing wireless 9-1-1 emergency
services, an emergency telephone system board or, in the
absence of an emergency telephone system board, a qualified
governmental entity, may declare 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 by notifying the Administrator in writing within
6 months after receiving its authority to operate a 9-1-1
system under this Act. In addition, 2 or more emergency
telephone system boards or qualified governmental entities
may, by virtue of an intergovernmental agreement, provide
wireless 9-1-1 service. Until the jurisdiction comes into
compliance with Section 15.4a of this Act, the Department of
State Police shall be the primary wireless 9-1-1 public safety
answering point for any jurisdiction that did not provide
notice to the Illinois Commerce Commission and the Department
prior to January 1, 2016.
(d) The Administrator, upon a request from a qualified
governmental entity or an emergency telephone system board and
with the advice and recommendation of the Statewide 9-1-1
Advisory Board, may grant authority to the emergency telephone
system board or a qualified governmental entity to provide
wireless 9-1-1 service in areas for which the Department has
accepted wireless 9-1-1 responsibility. The Administrator
shall maintain a current list of all 9-1-1 systems and
qualified governmental entities providing wireless 9-1-1
service under this Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.6b)
(Section scheduled to be repealed on December 31, 2021)
Sec. 15.6b. Next Generation 9-1-1 service.
(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 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 i3
Solution 08-003.
(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
Department 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
the effective date of this Amendatory Act of the 102nd General
Assembly. Within 18 months of securing the contract By July 1,
2021, 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 Department.
(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(50 ILCS 750/17.5)
(Section scheduled to be repealed on December 31, 2021)
Sec. 17.5. Statewide 9-1-1 Call Directory call transfer,
forward, or relay.
(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, forward,
or relay 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 dispatch of first
responders.
(2) On January 1, 2016, the General Assembly gave
oversight authority of 9-1-1 systems to the Department of
State Police.
(3) Since that date, the Department of State Police
has authorized individual 9-1-1 systems in counties and
municipalities to implement and upgrade enhanced 9-1-1
systems throughout the State.
(b) The Department 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 Department 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 and
email address for the dispatch agency to which 9-1-1 calls
originating in another 9-1-1 jurisdiction can be
transferred or by which the PSAP can be contacted via
email 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 Department with any changes
to the participating agencies and this number and email
address immediately upon the change occurring. Each 9-1-1
system shall provide the PSAP information and , the 24/7
10-digit emergency telephone number and email address to
the Manager of the Department's 9-1-1 Program within 30
days of the effective date of this amendatory Act of the
102nd 100th General Assembly.
(3) The standard operating procedure describing the
manner in which the 9-1-1 system will transfer, forward,
or relay 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 Department's 9-1-1
Program within 180 days after the effective date of this
amendatory Act of the 100th General Assembly.
(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. 100-20, eff. 7-1-17.)
(50 ILCS 750/19)
(Section scheduled to be repealed on December 31, 2021)
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 Department of State Police.
The Board shall consist of the following 11 voting members:
(1) The Director of the 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) Nine 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
50,000;
(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 50,000
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 over 500,000 municipality with
a population of less than 500,000 in a county with a
population in excess of 2,000,000;
(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 Television and Communication
Association of Illinois; 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. 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 Department of 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 March 1 of each year providing an
update on the transition to a statewide 9-1-1 system and
recommending any legislative action.
(f) The Department of State Police shall provide
administrative support to the Statewide 9-1-1 Advisory Board.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
(50 ILCS 750/20)
(Section scheduled to be repealed on December 31, 2021)
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 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 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.
(2) 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.
(b) State and local taxes shall not apply to the
surcharges imposed under this Section.
(c) The surcharges imposed by this Section shall be stated
as a separately stated item on subscriber bills.
(d) The telecommunications carrier collecting the
surcharge may deduct and retain 1.74% an amount not to exceed
3% of the gross amount of surcharge collected to reimburse the
telecommunications carrier for the expense of accounting and
collecting the surcharge. On and after July 1, 2022, the
wireless carrier collecting a surcharge under this Section may
deduct and retain 1.74% an amount not to exceed 3% of the gross
amount of the surcharge collected to reimburse the wireless
carrier for the expense of accounting and collecting the
surcharge.
(d-5) 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
Department, either by check or electronic funds transfer, by
the end of the next calendar month after the calendar month in
which it was collected for deposit into the Statewide 9-1-1
Fund. Carriers are not required to remit surcharge moneys that
are billed to subscribers but not yet collected.
The first remittance by wireless carriers shall include
the number of subscribers by zip code, and the 9-digit zip code
if currently being used or later implemented by the carrier,
that shall be the means by which the Department shall
determine distributions from the Statewide 9-1-1 Fund. This
information shall be updated 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 Department 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 Department 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 Department 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 Department 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
compliance costs for all emergency communications services
that are not reimbursed out of the Wireless Carrier
Reimbursement Fund 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,
E9-1-1.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/30)
(Section scheduled to be repealed on December 31, 2021)
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
(a) 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 Fund shall consist of the following:
(1) 9-1-1 wireless surcharges assessed under the
Wireless Emergency Telephone Safety Act.
(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 Department 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 or qualified governmental entity in counties
with a population under 100,000 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) $0.033 shall be transferred by the Comptroller
at the direction of the Department to the Wireless
Carrier Reimbursement Fund until June 30, 2017; from
July 1, 2017 through June 30, 2018, $0.026 shall be
transferred; from July 1, 2018 through June 30, 2019,
$0.020 shall be transferred; from July 1, 2019,
through June 30, 2020, $0.013 shall be transferred;
from July 1, 2020 through June 30, 2021, $0.007 will be
transferred; and after June 30, 2021, no transfer
shall be made to the Wireless Carrier Reimbursement
Fund.
(C) Until December 31, 2017, $0.007 and on and
after January 1, 2018, $0.017 shall be used to cover
the Department's administrative costs.
(D) 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 proportional grants 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, 2023 2021, $0.05 shall be used
by the Department 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.
(F) On and after July 1, 2020, $0.13 shall be used
for the implementation of and continuing expenses for
the Statewide NG9-1-1 system.
(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 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 Department under that
Section for the October 1, 2014 filing, subject to
the power of the Department 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 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 at least 500,000
shall be paid by the Department 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 Department
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 2018 and 2019
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 proportional grants 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 of wireless
carriers.
(c) 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. 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. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(50 ILCS 750/40)
(Section scheduled to be repealed on December 31, 2021)
Sec. 40. Financial reports.
(a) The Department shall create uniform accounting
procedures, 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, qualified governmental
entity, or unit of local government 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, qualified governmental
entity, or unit of local government receiving surcharge money
pursuant to Section 15.3, 15.3a, or 30 shall report to the
Department 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 Department. 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;
(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 Department and
collected in accordance with any reporting method
established or required by the Department;
(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 emergency telephone system board, qualified
governmental entity, or unit of local government is
responsible for any costs associated with auditing such
financial statements. The Department shall post the audited
financial statements on the Department's website.
(c) Along with its audited financial statement, each
emergency telephone system board, qualified governmental
entity, or unit of local government receiving a grant under
Section 15.4b of this Act shall include a report 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 or qualified
governmental entity 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 Department shall suspend and
withhold monthly disbursements otherwise due to the emergency
telephone system board or qualified governmental entity 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 or qualified governmental entity and shall be
distributed proportionally by the Department to compliant
emergency telephone system boards and qualified governmental
entities that receive funds from the Statewide 9-1-1 Fund.
Any emergency telephone system board or qualified
governmental entity not in compliance with this Section shall
be ineligible to receive any consolidation grant or
infrastructure grant issued under this Act.
(e) The Department may adopt emergency rules necessary to
implement the provisions of this Section.
(f) Any findings or decisions of the Department 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 Department 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. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/99)
(Section scheduled to be repealed on December 31, 2021)
Sec. 99. Repealer. This Act is repealed on December 31,
2023 2021.
(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(50 ILCS 750/9 rep.)
(50 ILCS 750/13 rep.)
(50 ILCS 750/17 rep.)
Section 15. The Emergency Telephone System Act is amended
by repealing Sections 9, 13, and 17.
Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
amended by changing Section 15 as follows:
(50 ILCS 753/15)
Sec. 15. Prepaid wireless 9-1-1 surcharge.
(a) Until September 30, 2015, there is hereby imposed on
consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
retail transaction. Beginning October 1, 2015, the prepaid
wireless 9-1-1 surcharge shall be 3% per retail transaction.
The surcharge authorized by this subsection (a) does not apply
in a home rule municipality having a population in excess of
500,000.
(a-5) On or after the effective date of this amendatory
Act of the 98th General Assembly and until December 31, 2023
2020, a home rule municipality having a population in excess
of 500,000 on the effective date of this amendatory Act may
impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
retail transaction sourced to that jurisdiction and collected
and remitted in accordance with the provisions of subsection
(b-5) of this Section. On or after January 1, 2021, a home rule
municipality having a population in excess of 500,000 on the
effective date of this Act may only impose a prepaid wireless
9-1-1 surcharge not to exceed 7% per retail transaction
sourced to that jurisdiction and collected and remitted in
accordance with the provisions of subsection (b-5).
(b) The prepaid wireless 9-1-1 surcharge shall be
collected by the seller from the consumer with respect to each
retail transaction occurring in this State and shall be
remitted to the Department by the seller as provided in this
Act. The amount of the prepaid wireless 9-1-1 surcharge shall
be separately stated as a distinct item apart from the charge
for the prepaid wireless telecommunications service on an
invoice, receipt, or other similar document that is provided
to the consumer by the seller or shall be otherwise disclosed
to the consumer. If the seller does not separately state the
surcharge as a distinct item to the consumer as provided in
this Section, then the seller shall maintain books and records
as required by this Act which clearly identify the amount of
the 9-1-1 surcharge for retail transactions.
For purposes of this subsection (b), a retail transaction
occurs in this State if (i) the retail transaction is made in
person by a consumer at the seller's business location and the
business is located within the State; (ii) the seller is a
provider and sells prepaid wireless telecommunications service
to a consumer located in Illinois; (iii) the retail
transaction is treated as occurring in this State for purposes
of the Retailers' Occupation Tax Act; or (iv) a seller that is
included within the definition of a "retailer maintaining a
place of business in this State" under Section 2 of the Use Tax
Act makes a sale of prepaid wireless telecommunications
service to a consumer located in Illinois. In the case of a
retail transaction which does not occur in person at a
seller's business location, if a consumer uses a credit card
to purchase prepaid wireless telecommunications service
on-line or over the telephone, and no product is shipped to the
consumer, the transaction occurs in this State if the billing
address for the consumer's credit card is in this State.
(b-5) The prepaid wireless 9-1-1 surcharge imposed under
subsection (a-5) of this Section shall be collected by the
seller from the consumer with respect to each retail
transaction occurring in the municipality imposing the
surcharge. The amount of the prepaid wireless 9-1-1 surcharge
shall be separately stated on an invoice, receipt, or other
similar document that is provided to the consumer by the
seller or shall be otherwise disclosed to the consumer. If the
seller does not separately state the surcharge as a distinct
item to the consumer as provided in this Section, then the
seller shall maintain books and records as required by this
Act which clearly identify the amount of the 9-1-1 surcharge
for retail transactions.
For purposes of this subsection (b-5), a retail
transaction occurs in the municipality if (i) the retail
transaction is made in person by a consumer at the seller's
business location and the business is located within the
municipality; (ii) the seller is a provider and sells prepaid
wireless telecommunications service to a consumer located in
the municipality; (iii) the retail transaction is treated as
occurring in the municipality for purposes of the Retailers'
Occupation Tax Act; or (iv) a seller that is included within
the definition of a "retailer maintaining a place of business
in this State" under Section 2 of the Use Tax Act makes a sale
of prepaid wireless telecommunications service to a consumer
located in the municipality. In the case of a retail
transaction which does not occur in person at a seller's
business location, if a consumer uses a credit card to
purchase prepaid wireless telecommunications service on-line
or over the telephone, and no product is shipped to the
consumer, the transaction occurs in the municipality if the
billing address for the consumer's credit card is in the
municipality.
(c) The prepaid wireless 9-1-1 surcharge is imposed on the
consumer and not on any provider. The seller shall be liable to
remit all prepaid wireless 9-1-1 surcharges that the seller
collects from consumers as provided in Section 20, including
all such surcharges that the seller is deemed to collect where
the amount of the surcharge has not been separately stated on
an invoice, receipt, or other similar document provided to the
consumer by the seller. The surcharge collected or deemed
collected by a seller shall constitute a debt owed by the
seller to this State, and any such surcharge actually
collected shall be held in trust for the benefit of the
Department.
For purposes of this subsection (c), the surcharge shall
not be imposed or collected from entities that have an active
tax exemption identification number issued by the Department
under Section 1g of the Retailers' Occupation Tax Act.
(d) The amount of the prepaid wireless 9-1-1 surcharge
that is collected by a seller from a consumer, if such amount
is separately stated on an invoice, receipt, or other similar
document provided to the consumer by the seller, shall not be
included in the base for measuring any tax, fee, surcharge, or
other charge that is imposed by this State, any political
subdivision of this State, or any intergovernmental agency.
(e) (Blank).
(e-5) Any changes in the rate of the surcharge imposed by a
municipality under the authority granted in subsection (a-5)
of this Section shall be effective on the first day of the
first calendar month to occur at least 60 days after the
enactment of the change. The Department shall provide not less
than 30 days' notice of the increase or reduction in the rate
of such surcharge on the Department's website.
(f) When prepaid wireless telecommunications service is
sold with one or more other products or services for a single,
non-itemized price, then the percentage specified in
subsection (a) or (a-5) of this Section 15 shall be applied to
the entire non-itemized price unless the seller elects to
apply the percentage to (i) the dollar amount of the prepaid
wireless telecommunications service if that dollar amount is
disclosed to the consumer or (ii) the portion of the price that
is attributable to the prepaid wireless telecommunications
service if the retailer can identify that portion by
reasonable and verifiable standards from its books and records
that are kept in the regular course of business for other
purposes, including, but not limited to, books and records
that are kept for non-tax purposes. However, if a minimal
amount of prepaid wireless telecommunications service is sold
with a prepaid wireless device for a single, non-itemized
price, then the seller may elect not to apply the percentage
specified in subsection (a) or (a-5) of this Section 15 to such
transaction. For purposes of this subsection, an amount of
service denominated as 10 minutes or less or $5 or less is
considered minimal.
(g) The prepaid wireless 9-1-1 surcharge imposed under
subsections (a) and (a-5) of this Section is not imposed on the
provider or the consumer for wireless Lifeline service where
the consumer does not pay the provider for the service. Where
the consumer purchases from the provider optional minutes,
texts, or other services in addition to the federally funded
Lifeline benefit, a consumer must pay the prepaid wireless
9-1-1 surcharge, and it must be collected by the seller
according to subsection (b-5).
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
Section 25. The Small Wireless Facilities Deployment Act
is amended by changing Sections 15 and 90 and by adding Section
45 as follows:
(50 ILCS 840/15) (was 50 ILCS 835/15)
(Section scheduled to be repealed on June 1, 2021)
Sec. 15. Regulation of small wireless facilities.
(a) This Section applies to activities of a wireless
provider within or outside rights-of-way.
(b) Except as provided in this Section, an authority may
not prohibit, regulate, or charge for the collocation of small
wireless facilities.
(c) Small wireless facilities shall be classified as
permitted uses and subject to administrative review in
conformance with this Act, except as provided in paragraph (5)
of subsection (d) of this Section regarding height exceptions
or variances, but not subject to zoning review or approval if
they are collocated (i) in rights-of-way in any zone, or (ii)
outside rights-of-way in property zoned exclusively for
commercial or industrial use.
(d) An authority may require an applicant to obtain one or
more permits to collocate a small wireless facility. An
authority shall receive applications for, process, and issue
permits subject to the following requirements:
(1) An authority may not directly or indirectly
require an applicant to perform services unrelated to the
collocation for which approval is sought, such as in-kind
contributions to the authority, including reserving fiber,
conduit, or utility pole space for the authority on the
wireless provider's utility pole. An authority may reserve
space on authority utility poles for future public safety
uses or for the authority's electric utility uses, but a
reservation of space may not preclude the collocation of a
small wireless facility unless the authority reasonably
determines that the authority utility pole cannot
accommodate both uses.
(2) An applicant shall not be required to provide more
information to obtain a permit than the authority requires
of a communications service provider that is not a
wireless provider that requests to attach facilities to a
structure; however, a wireless provider may be required to
provide the following information when seeking a permit to
collocate small wireless facilities on a utility pole or
wireless support structure:
(A) site specific structural integrity and, for an
authority utility pole, make-ready analysis prepared
by a structural engineer, as that term is defined in
Section 4 of the Structural Engineering Practice Act
of 1989;
(B) the location where each proposed small
wireless facility or utility pole would be installed
and photographs of the location and its immediate
surroundings depicting the utility poles or structures
on which each proposed small wireless facility would
be mounted or location where utility poles or
structures would be installed;
(C) specifications and drawings prepared by a
structural engineer, as that term is defined in
Section 4 of the Structural Engineering Practice Act
of 1989, for each proposed small wireless facility
covered by the application as it is proposed to be
installed;
(D) the equipment type and model numbers for the
antennas and all other wireless equipment associated
with the small wireless facility;
(E) a proposed schedule for the installation and
completion of each small wireless facility covered by
the application, if approved; and
(F) certification that the collocation complies
with paragraph (6) to the best of the applicant's
knowledge; and .
(G) the wireless provider's certification from a
radio engineer that it operates the small wireless
facility within all applicable FCC standards.
(3) Subject to paragraph (6), an authority may not
require the placement of small wireless facilities on any
specific utility pole, or category of utility poles, or
require multiple antenna systems on a single utility pole;
however, with respect to an application for the
collocation of a small wireless facility associated with a
new utility pole, an authority may propose that the small
wireless facility be collocated on an existing utility
pole or existing wireless support structure within 200 100
feet of the proposed collocation, which the applicant
shall accept if it has the right to use the alternate
structure on reasonable terms and conditions and the
alternate location and structure does not impose technical
limits or additional material costs as determined by the
applicant. The authority may require the applicant to
provide a written certification describing the property
rights, technical limits or material cost reasons the
alternate location does not satisfy the criteria in this
paragraph (3).
(4) Subject to paragraph (6), an authority may not
limit the placement of small wireless facilities mounted
on a utility pole or a wireless support structure by
minimum horizontal separation distances.
(5) An authority may limit the maximum height of a
small wireless facility to 10 feet above the utility pole
or wireless support structure on which the small wireless
facility is collocated. Subject to any applicable waiver,
zoning, or other process that addresses wireless provider
requests for an exception or variance and does not
prohibit granting of such exceptions or variances, the
authority may limit the height of new or replacement
utility poles or wireless support structures on which
small wireless facilities are collocated to the higher of:
(i) 10 feet in height above the tallest existing utility
pole, other than a utility pole supporting only wireless
facilities, that is in place on the date the application
is submitted to the authority, that is located within 300
feet of the new or replacement utility pole or wireless
support structure and that is in the same right-of-way
within the jurisdictional boundary of the authority,
provided the authority may designate which intersecting
right-of-way within 300 feet of the proposed utility pole
or wireless support structures shall control the height
limitation for such facility; or (ii) 45 feet above ground
level.
(6) An authority may require that:
(A) the wireless provider's operation of the small
wireless facilities does not interfere with the
frequencies used by a public safety agency for public
safety communications; a wireless provider shall
install small wireless facilities of the type and
frequency that will not cause unacceptable
interference with a public safety agency's
communications equipment; unacceptable interference
will be determined by and measured in accordance with
industry standards and the FCC's regulations
addressing unacceptable interference to public safety
spectrum or any other spectrum licensed by a public
safety agency; if a small wireless facility causes
such interference, and the wireless provider has been
given written notice of the interference by the public
safety agency, the wireless provider, at its own
expense, shall take all reasonable steps necessary to
correct and eliminate the interference, including, but
not limited to, powering down the small wireless
facility and later powering up the small wireless
facility for intermittent testing, if necessary; the
authority may terminate a permit for a small wireless
facility based on such interference if the wireless
provider is not making a good faith effort to remedy
the problem in a manner consistent with the abatement
and resolution procedures for interference with public
safety spectrum established by the FCC including 47
CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672
through 47 CFR 90.675;
(B) the wireless provider comply with requirements
that are imposed by a contract between an authority
and a private property owner that concern design or
construction standards applicable to utility poles and
ground-mounted equipment located in the right-of-way;
(C) the wireless provider comply with applicable
spacing requirements in applicable codes and
ordinances concerning the location of ground-mounted
equipment located in the right-of-way if the
requirements include a waiver, zoning, or other
process that addresses wireless provider requests for
exception or variance and do not prohibit granting of
such exceptions or variances;
(D) the wireless provider comply with local code
provisions or regulations concerning undergrounding
requirements that prohibit the installation of new or
the modification of existing utility poles in a
right-of-way without prior approval if the
requirements include a waiver, zoning, or other
process that addresses requests to install such new
utility poles or modify such existing utility poles
and do not prohibit the replacement of utility poles;
(E) the wireless provider comply with generally
applicable standards that are consistent with this Act
and adopted by an authority for construction and
public safety in the rights-of-way, including, but not
limited to, reasonable and nondiscriminatory wiring
and cabling requirements, grounding requirements,
utility pole extension requirements, acoustic
regulations, and signage limitations; and shall comply
with reasonable and nondiscriminatory requirements
that are consistent with this Act and adopted by an
authority regulating the location, size, surface area
and height of small wireless facilities, or the
abandonment and removal of small wireless facilities;
(F) the wireless provider not collocate small
wireless facilities on authority utility poles that
are part of an electric distribution or transmission
system within the communication worker safety zone of
the pole or the electric supply zone of the pole;
however, the antenna and support equipment of the
small wireless facility may be located in the
communications space on the authority utility pole and
on the top of the pole, if not otherwise unavailable,
if the wireless provider complies with applicable
codes for work involving the top of the pole; for
purposes of this subparagraph (F), the terms
"communications space", "communication worker safety
zone", and "electric supply zone" have the meanings
given to those terms in the National Electric Safety
Code as published by the Institute of Electrical and
Electronics Engineers;
(G) the wireless provider comply with the
applicable codes and local code provisions or
regulations that concern public safety;
(H) the wireless provider comply with written
design standards that are generally applicable for
decorative utility poles, or reasonable stealth,
concealment, and aesthetic requirements that are
identified by the authority in an ordinance, written
policy adopted by the governing board of the
authority, a comprehensive plan, or other written
design plan that applies to other occupiers of the
rights-of-way, including on a historic landmark or in
a historic district; and
(I) subject to subsection (c) of this Section, and
except for facilities excluded from evaluation for
effects on historic properties under 47 CFR
1.1307(a)(4), reasonable, technically feasible and
non-discriminatory design or concealment measures in a
historic district or historic landmark; any such
design or concealment measures, including restrictions
on a specific category of poles, may not have the
effect of prohibiting any provider's technology; such
design and concealment measures shall not be
considered a part of the small wireless facility for
purposes of the size restrictions of a small wireless
facility; this paragraph may not be construed to limit
an authority's enforcement of historic preservation in
conformance with the requirements adopted pursuant to
the Illinois State Agency Historic Resources
Preservation Act or the National Historic Preservation
Act of 1966, 54 U.S.C. Section 300101 et seq., and the
regulations adopted to implement those laws; and .
(J) When a wireless provider replaces or adds a
new radio transceiver or antennas to an existing small
wireless facility, certification by the wireless
provider from a radio engineer that the continuing
operation of the small wireless facility complies with
all applicable FCC standards.
(7) Within 30 days after receiving an application, an
authority must determine whether the application is
complete and notify the applicant. If an application is
incomplete, an authority must specifically identify the
missing information. An application shall be deemed
complete if the authority fails to provide notification to
the applicant within 30 days after when all documents,
information, and fees specifically enumerated in the
authority's permit application form are submitted by the
applicant to the authority. Processing deadlines are
tolled from the time the authority sends the notice of
incompleteness to the time the applicant provides the
missing information.
(8) An authority shall process applications as
follows:
(A) an application to collocate a small wireless
facility on an existing utility pole or wireless
support structure shall be processed on a
nondiscriminatory basis and deemed approved if the
authority fails to approve or deny the application
within 90 days; however, if an applicant intends to
proceed with the permitted activity on a deemed
approved basis, the applicant must notify the
authority in writing of its intention to invoke the
deemed approved remedy no sooner than 75 days after
the submission of a completed application; the permit
shall be deemed approved on the latter of the 90th day
after submission of the complete application or the
10th day after the receipt of the deemed approved
notice by the authority; the receipt of the deemed
approved notice shall not preclude the authority's
denial of the permit request within the time limits as
provided under this Act; and
(B) an application to collocate a small wireless
facility that includes the installation of a new
utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the authority fails to
approve or deny the application within 120 days;
however, if an applicant intends to proceed with the
permitted activity on a deemed approved basis, the
applicant must notify the authority in writing of its
intention to invoke the deemed approved remedy no
sooner than 105 days after the submission of a
completed application; the permit shall be deemed
approved on the latter of the 120th day after
submission of the complete application or the 10th day
after the receipt of the deemed approved notice by the
authority; the receipt of the deemed approved notice
shall not preclude the authority's denial of the
permit request within the time limits as provided
under this Act.
(9) An authority shall approve an application unless
the application does not meet the requirements of this
Act. If an authority determines that applicable codes,
local code provisions or regulations that concern public
safety, or the requirements of paragraph (6) require that
the utility pole or wireless support structure be replaced
before the requested collocation, approval may be
conditioned on the replacement of the utility pole or
wireless support structure at the cost of the provider.
The authority must document the basis for a denial,
including the specific code provisions or application
conditions on which the denial was based, and send the
documentation to the applicant on or before the day the
authority denies an application. The applicant may cure
the deficiencies identified by the authority and resubmit
the revised application once within 30 days after notice
of denial is sent to the applicant without paying an
additional application fee. The authority shall approve or
deny the revised application within 30 days after the
applicant resubmits the application or it is deemed
approved; however, the applicant must notify the authority
in writing of its intention to proceed with the permitted
activity on a deemed approved basis, which may be
submitted with the resubmitted application. Any subsequent
review shall be limited to the deficiencies cited in the
denial. However, this revised application cure does not
apply if the cure requires the review of a new location,
new or different structure to be collocated upon, new
antennas, or other wireless equipment associated with the
small wireless facility.
(10) The time period for applications may be further
tolled by:
(A) the express agreement in writing by both the
applicant and the authority; or
(B) a local, State, or federal disaster
declaration or similar emergency that causes the
delay.
(11) An applicant seeking to collocate small wireless
facilities within the jurisdiction of a single authority
shall be allowed, at the applicant's discretion, to file a
consolidated application and receive a single permit for
the collocation of up to 25 small wireless facilities if
the collocations each involve substantially the same type
of small wireless facility and substantially the same type
of structure. If an application includes multiple small
wireless facilities, the authority may remove small
wireless facility collocations from the application and
treat separately small wireless facility collocations for
which incomplete information has been provided or that do
not qualify for consolidated treatment or that are denied.
The authority may issue separate permits for each
collocation that is approved in a consolidated
application.
(12) Collocation for which a permit is granted shall
be completed within 180 days after issuance of the permit,
unless the authority and the wireless provider agree to
extend this period or a delay is caused by make-ready work
for an authority utility pole or by the lack of commercial
power or backhaul availability at the site, provided the
wireless provider has made a timely request within 60 days
after the issuance of the permit for commercial power or
backhaul services, and the additional time to complete
installation does not exceed 360 days after issuance of
the permit. Otherwise, the permit shall be void unless the
authority grants an extension in writing to the applicant.
(13) The duration of a permit shall be for a period of
not less than 5 years, and the permit shall be renewed for
equivalent durations unless the authority makes a finding
that the small wireless facilities or the new or modified
utility pole do not comply with the applicable codes or
local code provisions or regulations in paragraphs (6) and
(9). If this Act is repealed as provided in Section 90,
renewals of permits shall be subject to the applicable
authority code provisions or regulations in effect at the
time of renewal.
(14) An authority may not prohibit, either expressly
or de facto, the (i) filing, receiving, or processing
applications, or (ii) issuing of permits or other
approvals, if any, for the collocation of small wireless
facilities unless there has been a local, State, or
federal disaster declaration or similar emergency that
causes the delay.
(15) Applicants shall submit applications, supporting
information, and notices by personal delivery or as
otherwise required by the authority. An authority may
require that permits, supporting information, and notices
be submitted by personal delivery at the authority's
designated place of business, by regular mail postmarked
on the date due, or by any other commonly used means,
including electronic mail, as required by the authority.
(e) Application fees are subject to the following
requirements:
(1) An authority may charge an application fee of up
to $650 for an application to collocate a single small
wireless facility on an existing utility pole or wireless
support structure and up to $350 for each small wireless
facility addressed in an application to collocate more
than one small wireless facility on existing utility poles
or wireless support structures.
(2) An authority may charge an application fee of
$1,000 for each small wireless facility addressed in an
application that includes the installation of a new
utility for such collocation.
(3) Notwithstanding any contrary provision of State
law or local ordinance, applications pursuant to this
Section must be accompanied by the required application
fee.
(4) Within 2 months after the effective date of this
Act, an authority shall make available application fees
consistent with this subsection, through ordinance, or in
a written schedule of permit fees adopted by the
authority.
(f) An authority shall not require an application,
approval, or permit, or require any fees or other charges,
from a communications service provider authorized to occupy
the rights-of-way, for: (i) routine maintenance; (ii) the
replacement of wireless facilities with wireless facilities
that are substantially similar, the same size, or smaller if
the wireless provider notifies the authority at least 10 days
prior to the planned replacement and includes equipment
specifications for the replacement of equipment consistent
with the requirements of subparagraph (D) of paragraph (2) of
subsection (d) of this Section; or (iii) the installation,
placement, maintenance, operation, or replacement of micro
wireless facilities that are suspended on cables that are
strung between existing utility poles in compliance with
applicable safety codes. However, an authority may require a
permit to work within rights-of-way for activities that affect
traffic patterns or require lane closures.
(g) Nothing in this Act authorizes a person to collocate
small wireless facilities on: (1) property owned by a private
party or property owned or controlled by a unit of local
government that is not located within rights-of-way, subject
to subsection (j) of this Section, or a privately owned
utility pole or wireless support structure without the consent
of the property owner; (2) property owned, leased, or
controlled by a park district, forest preserve district, or
conservation district for public park, recreation, or
conservation purposes without the consent of the affected
district, excluding the placement of facilities on
rights-of-way located in an affected district that are under
the jurisdiction and control of a different unit of local
government as provided by the Illinois Highway Code; or (3)
property owned by a rail carrier registered under Section
18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or
any other public commuter rail service, or an electric utility
as defined in Section 16-102 of the Public Utilities Act,
without the consent of the rail carrier, public commuter rail
service, or electric utility. The provisions of this Act do
not apply to an electric or gas public utility or such
utility's wireless facilities if the facilities are being
used, developed, and maintained consistent with the provisions
of subsection (i) of Section 16-108.5 of the Public Utilities
Act.
For the purposes of this subsection, "public utility" has
the meaning given to that term in Section 3-105 of the Public
Utilities Act. Nothing in this Act shall be construed to
relieve any person from any requirement (1) to obtain a
franchise or a State-issued authorization to offer cable
service or video service or (2) to obtain any required
permission to install, place, maintain, or operate
communications facilities, other than small wireless
facilities subject to this Act.
(h) Agreements between authorities and wireless providers
that relate to the collocation of small wireless facilities in
the right-of-way, including the collocation of small wireless
facilities on authority utility poles, that are in effect on
the effective date of this Act remain in effect for all small
wireless facilities collocated on the authority's utility
poles pursuant to applications submitted to the authority
before the effective date of this Act, subject to applicable
termination provisions. Such agreements entered into after the
effective date of the Act shall comply with the Act.
(i) An authority shall allow the collocation of small
wireless facilities on authority utility poles subject to the
following:
(1) An authority may not enter into an exclusive
arrangement with any person for the right to attach small
wireless facilities to authority utility poles.
(2) The rates and fees for collocations on authority
utility poles shall be nondiscriminatory regardless of the
services provided by the collocating person.
(3) An authority may charge an annual recurring rate
to collocate a small wireless facility on an authority
utility pole located in a right-of-way that equals (i)
$200 per year or (ii) the actual, direct, and reasonable
costs related to the wireless provider's use of space on
the authority utility pole. Rates for collocation on
authority utility poles located outside of a right-of-way
are not subject to these limitations. In any controversy
concerning the appropriateness of a cost-based rate for an
authority utility pole located within a right-of-way, the
authority shall have the burden of proving that the rate
does not exceed the actual, direct, and reasonable costs
for the applicant's proposed use of the authority utility
pole. Nothing in this paragraph (3) prohibits a wireless
provider and an authority from mutually agreeing to an
annual recurring rate of less than $200 to collocate a
small wireless facility on an authority utility pole.
(4) Authorities or other persons owning or controlling
authority utility poles within the right-of-way shall
offer rates, fees, and other terms that comply with
subparagraphs (A) through (E) of this paragraph (4).
Within 2 months after the effective date of this Act, an
authority or a person owning or controlling authority
utility poles shall make available, through ordinance or
an authority utility pole attachment agreement, license or
other agreement that makes available to wireless
providers, the rates, fees, and terms for the collocation
of small wireless facilities on authority utility poles
that comply with this Act and with subparagraphs (A)
through (E) of this paragraph (4). In the absence of such
an ordinance or agreement that complies with this Act, and
until such a compliant ordinance or agreement is adopted,
wireless providers may collocate small wireless facilities
and install utility poles under the requirements of this
Act.
(A) The rates, fees, and terms must be
nondiscriminatory, competitively neutral, and
commercially reasonable, and may address, among other
requirements, the requirements in subparagraphs (A)
through (I) of paragraph (6) of subsection (d) of this
Section; subsections (e), (i), and (k) of this
Section; Section 30; and Section 35, and must comply
with this Act.
(B) For authority utility poles that support
aerial facilities used to provide communications
services or electric service, wireless providers shall
comply with the process for make-ready work under 47
U.S.C. 224 and its implementing regulations, and the
authority shall follow a substantially similar process
for make-ready work except to the extent that the
timing requirements are otherwise addressed in this
Act. The good-faith estimate of the person owning or
controlling the authority utility pole for any
make-ready work necessary to enable the pole to
support the requested collocation shall include
authority utility pole replacement, if necessary.
(C) For authority utility poles that do not
support aerial facilities used to provide
communications services or electric service, the
authority shall provide a good-faith estimate for any
make-ready work necessary to enable the authority
utility pole to support the requested collocation,
including pole replacement, if necessary, within 90
days after receipt of a complete application.
Make-ready work, including any authority utility pole
replacement, shall be completed within 60 days of
written acceptance of the good-faith estimate by the
applicant at the wireless provider's sole cost and
expense. Alternatively, if the authority determines
that applicable codes or public safety regulations
require the authority utility pole to be replaced to
support the requested collocation, the authority may
require the wireless provider to replace the authority
utility pole at the wireless provider's sole cost and
expense.
(D) The authority shall not require more
make-ready work than required to meet applicable codes
or industry standards. Make-ready work may include
work needed to accommodate additional public safety
communications needs that are identified in a
documented and approved plan for the deployment of
public safety equipment as specified in paragraph (1)
of subsection (d) of this Section and included in an
existing or preliminary authority or public service
agency budget for attachment within one year of the
application. Fees for make-ready work, including any
authority utility pole replacement, shall not exceed
actual costs or the amount charged to communications
service providers for similar work and shall not
include any consultants' fees or expenses for
authority utility poles that do not support aerial
facilities used to provide communications services or
electric service. Make-ready work, including any pole
replacement, shall be completed within 60 days of
written acceptance of the good-faith estimate by the
wireless provider, at its sole cost and expense.
(E) A wireless provider that has an existing
agreement with the authority on the effective date of
the Act may accept the rates, fees, and terms that an
authority makes available under this Act for the
collocation of small wireless facilities or the
installation of new utility poles for the collocation
of small wireless facilities that are the subject of
an application submitted 2 or more years after the
effective date of the Act as provided in this
paragraph (4) by notifying the authority that it opts
to accept such rates, fees, and terms. The existing
agreement remains in effect, subject to applicable
termination provisions, for the small wireless
facilities the wireless provider has collocated on the
authority's utility poles pursuant to applications
submitted to the authority before the wireless
provider provides such notice and exercises its option
under this subparagraph.
(j) An authority shall authorize the collocation of small
wireless facilities on utility poles owned or controlled by
the authority that are not located within rights-of-way to the
same extent the authority currently permits access to utility
poles for other commercial projects or uses. The collocations
shall be subject to reasonable and nondiscriminatory rates,
fees, and terms as provided in an agreement between the
authority and the wireless provider.
(k) Nothing in this Section precludes an authority from
adopting reasonable rules with respect to the removal of
abandoned small wireless facilities. A small wireless facility
that is not operated for a continuous period of 12 months shall
be considered abandoned and the owner of the facility must
remove the small wireless facility within 90 days after
receipt of written notice from the authority notifying the
owner of the abandonment. The notice shall be sent by
certified or registered mail, return receipt requested, by the
authority to the owner at the last known address of the owner.
If the small wireless facility is not removed within 90 days of
such notice, the authority may remove or cause the removal of
the such facility pursuant to the terms of its pole attachment
agreement for authority utility poles or through whatever
actions are provided for abatement of nuisances or by other
law for removal and cost recovery. An authority may require a
wireless provider to provide written notice to the authority
if it sells or transfers small wireless facilities subject to
this Act within the jurisdictional boundary of the authority.
Such notice shall include the name and contact information of
the new wireless provider.
(l) Nothing in this Section requires an authority to
install or maintain any specific utility pole or to continue
to install or maintain utility poles in any location if the
authority makes a non-discriminatory decision to eliminate
above-ground utility poles of a particular type generally,
such as electric utility poles, in all or a significant
portion of its geographic jurisdiction. For authority utility
poles with collocated small wireless facilities in place when
an authority makes a decision to eliminate above-ground
utility poles of a particular type generally, the authority
shall either (i) continue to maintain the authority utility
pole or install and maintain a reasonable alternative utility
pole or wireless support structure for the collocation of the
small wireless facility, or (ii) offer to sell the utility
pole to the wireless provider at a reasonable cost or allow the
wireless provider to install its own utility pole so it can
maintain service from that location.
(Source: P.A. 100-585, eff. 6-1-18.)
(50 ILCS 840/45 new)
Sec. 45. Continuation of Act; validation.
(a) The General Assembly finds and declares that this
amendatory Act of the 102nd 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,
2024.
(b) This Section shall be deemed to have been in
continuous effect since June 1, 2021 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 June 1, 2021, are hereby validated. All
actions taken in reliance on or under this Act by any 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 102nd 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 102nd General Assembly.
(50 ILCS 840/90) (was 50 ILCS 835/90)
(Section scheduled to be repealed on June 1, 2021)
Sec. 90. Repeal. This Act is repealed on December 31, 2024
June 1, 2021.
(Source: P.A. 100-585, eff. 6-1-18.)
Section 30. The Illinois Municipal Code is amended by
adding Section 11-80-24 as follows:
(65 ILCS 5/11-80-24 new)
Sec. 11-80-24. Collocation of small wireless facilities.
(a) A municipality may propose that a small wireless
facility be collocated on an existing utility pole within 200
feet of the wireless providers proposed location within its
public rights-of-way under paragraph (3) of subsection (d) of
Section 15 of the Small Wireless Facilities Deployment Act and
the entity owning the utility pole shall provide access for
that purpose.
(b) Any fee charged for the use of a utility pole under
this Section shall be at the lowest rate charged by the entity
owning the utility pole for other wireless providers and shall
not exceed the entity's actual costs.
(c) Nothing in this Section alters anything in Section 15
of the Small Wireless Facilities Deployment Act.
Section 35. The Public Utilities Act is amended by
changing Sections 13-406, 13-1200, 21-401, and 21-1601 as
follows:
(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
(Section scheduled to be repealed on December 31, 2021)
Sec. 13-406. Abandonment of service.
(a) No telecommunications carrier offering or providing
noncompetitive telecommunications service pursuant to a valid
Certificate of Service Authority or certificate of public
convenience and necessity shall discontinue or abandon such
service once initiated until and unless it shall demonstrate,
and the Commission finds, after notice and hearing, that such
discontinuance or abandonment will not deprive customers of
any necessary or essential telecommunications service or
access thereto and is not otherwise contrary to the public
interest. No telecommunications carrier offering or providing
competitive telecommunications service shall completely
discontinue or abandon such service to an identifiable class
or group of customers once initiated except upon 60 days' days
notice to the Commission and affected customers. The
Commission may, upon its own motion or upon complaint,
investigate the proposed discontinuance or abandonment of a
competitive telecommunications service and may, after notice
and hearing, prohibit such proposed discontinuance or
abandonment if the Commission finds that it would be contrary
to the public interest. If the Commission does not provide
notice of a hearing within 60 calendar days after the
notification or holds a hearing and fails to find that the
proposed discontinuation or abandonment would be contrary to
the public interest, the provider may discontinue or abandon
such service after providing at least 30 days' days notice to
affected customers. This Section does not apply to a Large
Electing Provider proceeding under Section 13-406.1.
(b) A Small Electing Provider may choose to cease offering
or providing a telecommunications service pursuant to either
this Section or Section 13-406.1 of this Act in the same manner
as a Large Electing Provider. A Small Electing Provider that
elects to cease offering or providing a telecommunications
service pursuant to Section 13-406.1 shall be subject to all
of the provisions that apply to a Large Electing Provider
under Section 13-406.1. In this subsection (b), "Small
Electing Provider" means an incumbent local exchange carrier,
as defined in Section 13-202.5 of this Act, that is an Electing
Provider, as defined in Section 13-506.2 of this Act, and
that, together with all of its incumbent local exchange
carrier affiliates offering telecommunications services within
the State of Illinois, has fewer than 40,000 subscriber access
lines as of January 1, 2020.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-1200)
(Section scheduled to be repealed on December 31, 2021)
Sec. 13-1200. Repealer. This Article is repealed December
31, 2026 2021.
(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(220 ILCS 5/21-401)
(Section scheduled to be repealed on December 31, 2021)
Sec. 21-401. Applications.
(a)(1) A person or entity seeking to provide cable service
or video service pursuant to this Article shall not use the
public rights-of-way for the installation or construction of
facilities for the provision of cable service or video service
or offer cable service or video service until it has obtained a
State-issued authorization to offer or provide cable or video
service under this Section, except as provided for in item (2)
of this subsection (a). All cable or video providers offering
or providing service in this State shall have authorization
pursuant to either (i) the Cable and Video Competition Law of
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
(2) Nothing in this Section shall prohibit a local unit of
government from granting a permit to a person or entity for the
use of the public rights-of-way to install or construct
facilities to provide cable service or video service, at its
sole discretion. No unit of local government shall be liable
for denial or delay of a permit prior to the issuance of a
State-issued authorization.
(b) The application to the Commission for State-issued
authorization shall contain a completed affidavit submitted by
the applicant and signed by an officer or general partner of
the applicant affirming all of the following:
(1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms
required by that agency in advance of offering cable
service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.
(4) An exact description of the cable service or video
service area where the cable service or video service will
be offered during the term of the State-issued
authorization. The service area shall be identified in
terms of either (i) exchanges, as that term is defined in
Section 13-206 of this Act; (ii) a collection of United
States Census Bureau Block numbers (13 digit); (iii) if
the area is smaller than the areas identified in either
(i) or (ii), by geographic information system digital
boundaries meeting or exceeding national map accuracy
standards; or (iv) local unit of government. The
description shall include the number of low-income
households within the service area or footprint. If an
applicant is an incumbent cable operator, the incumbent
cable operator and any successor-in-interest shall be
obligated to provide access to cable services or video
services within any local units of government at the same
levels required by the local franchising authorities for
the local unit of government on June 30, 2007 (the
effective date of Public Act 95-9), and its application
shall provide a description of an area no smaller than the
service areas contained in its franchise or franchises
within the jurisdiction of the local unit of government in
which it seeks to offer cable or video service.
(5) The location and telephone number of the
applicant's principal place of business within this State
and the names of the applicant's principal executive
officers who are responsible for communications concerning
the application and the services to be offered pursuant to
the application, the applicant's legal name, and any name
or names under which the applicant does or will provide
cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all
local units of government that include all or any part of
the service area identified in item (4) of this subsection
(b) within such local unit of government's jurisdictional
boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified
in item (4) of this subsection (b). In the event that a
holder does not offer cable services or video services
within 3 months after the expected date, it shall amend
its application and update the expected date service will
be offered and explain the delay in offering cable
services or video services.
(8) For any entity that received State-issued
authorization prior to this amendatory Act of the 98th
General Assembly as a cable operator and that intends to
proceed as a cable operator under this Article, the entity
shall file a written affidavit with the Commission and
shall serve a copy of the affidavit with any local units of
government affected by the authorization within 30 days
after the effective date of this amendatory Act of the
98th General Assembly stating that the holder will be
providing cable service under the State-issued
authorization.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and
technical qualifications necessary to construct and operate
the proposed system, to promptly repair any damage to the
public right-of-way caused by the applicant, and to pay the
cost of removal of its facilities. To accomplish these
requirements, the applicant may, at the time the applicant
seeks to use the public rights-of-way in that jurisdiction, be
required by the State of Illinois or later be required by the
local unit of government, or both, to post a bond, produce a
certificate of insurance, or otherwise demonstrate its
financial responsibility.
The application shall include the applicant's general
standards related to customer service required by Section
22-501 of this Act, which shall include, but not be limited to,
installation, disconnection, service and repair obligations;
appointment hours; employee ID requirements; customer service
telephone numbers and hours; procedures for billing, charges,
deposits, refunds, and credits; procedures for termination of
service; notice of deletion of programming service and changes
related to transmission of programming or changes or increases
in rates; use and availability of parental control or lock-out
devices; complaint procedures and procedures for bill dispute
resolution and a description of the rights and remedies
available to consumers if the holder does not materially meet
their customer service standards; and special services for
customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it
submits in its application or subsequent reports as
confidential or proprietary, provided that the applicant
states the reasons the confidential designation is necessary.
The Commission shall provide adequate protection for such
information pursuant to Section 4-404 of this Act. If the
Commission, a local unit of government, or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential
designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the
applicant. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a Protective Order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act (15 ILCS 205/6.5). Information designated as
confidential under this Section or determined to be
confidential upon Commission review shall only be disclosed
pursuant to a valid and enforceable subpoena or court order or
as required by the Freedom of Information Act. Nothing herein
shall delay the application approval timeframes set forth in
this Article.
(2) Information regarding the location of video services
that have been or are being offered to the public and aggregate
information included in the reports required by this Article
shall not be designated or treated as confidential.
(d)(1) The Commission shall post all applications it
receives under this Article on its web site within 5 business
days.
(2) The Commission shall notify an applicant for a cable
service or video service authorization whether the applicant's
application and affidavit are complete on or before the 15th
business day after the applicant submits the application. If
the application and affidavit are not complete, the Commission
shall state in its notice all of the reasons the application or
affidavit are incomplete, and the applicant shall resubmit a
complete application. The Commission shall have 30 days after
submission by the applicant of a complete application and
affidavit to issue the service authorization. If the
Commission does not notify the applicant regarding the
completeness of the application and affidavit or issue the
service authorization within the time periods required under
this subsection, the application and affidavit shall be
considered complete and the service authorization issued upon
the expiration of the 30th day.
(e) Any authorization issued by the Commission will expire
on December 31, 2029 2024 and shall contain or include all of
the following:
(1) A grant of authority, including an authorization
issued prior to this amendatory Act of the 98th General
Assembly, to provide cable service or video service in the
service area footprint as requested in the application,
subject to the provisions of this Article in existence on
the date the grant of authority was issued, and any
modifications to this Article enacted at any time prior to
the date in Section 21-1601 of this Act, and to the laws of
the State and the ordinances, rules, and regulations of
the local units of government.
(2) A grant of authority to use, occupy, and construct
facilities in the public rights-of-way for the delivery of
cable service or video service in the service area
footprint, subject to the laws, ordinances, rules, or
regulations of this State and local units of governments.
(3) A statement that the grant of authority is subject
to lawful operation of the cable service or video service
by the applicant, its affiliated entities, or its
successors-in-interest.
(e-5) The Commission shall notify a local unit of
government within 3 business days of the grant of any
authorization within a service area footprint if that
authorization includes any part of the local unit of
government's jurisdictional boundaries and state whether the
holder will be providing video service or cable service under
the authorization.
(f) The authorization issued pursuant to this Section by
the Commission may be transferred to any successor-in-interest
to the applicant to which it is initially granted without
further Commission action if the successor-in-interest (i)
submits an application and the information required by
subsection (b) of this Section for the successor-in-interest
and (ii) is not in violation of this Article or of any federal,
State, or local law, ordinance, rule, or regulation. A
successor-in-interest shall file its application and notice of
transfer with the Commission and the relevant local units of
government no less than 15 business days prior to the
completion of the transfer. The Commission is not required or
authorized to act upon the notice of transfer; however, the
transfer is not effective until the Commission approves the
successor-in-interest's application. A local unit of
government or the Attorney General may seek to bar a transfer
of ownership by filing suit in a court of competent
jurisdiction predicated on the existence of a material and
continuing breach of this Article by the holder, a pattern of
noncompliance with customer service standards by the potential
successor-in-interest, or the insolvency of the potential
successor-in-interest. If a transfer is made when there are
violations of this Article or of any federal, State, or local
law, ordinance, rule, or regulation, the successor-in-interest
shall be subject to 3 times the penalties provided for in this
Article.
(g) The authorization issued pursuant to this Section by
the Commission may be terminated, or its cable service or
video service area footprint may be modified, by the cable
service provider or video service provider by submitting
notice to the Commission and to the relevant local unit of
government containing a description of the change on the same
terms as the initial description pursuant to item (4) of
subsection (b) of this Section. The Commission is not required
or authorized to act upon that notice. It shall be a violation
of this Article for a holder to discriminate against potential
residential subscribers because of the race or income of the
residents in the local area in which the group resides by
terminating or modifying its cable service or video service
area footprint. It shall be a violation of this Article for a
holder to terminate or modify its cable service or video
service area footprint if it leaves an area with no cable
service or video service from any provider.
(h) The Commission's authority to administer this Article
is limited to the powers and duties explicitly provided under
this Article. Its authority under this Article does not
include or limit the powers and duties that the Commission has
under the other Articles of this Act, the Illinois
Administrative Procedure Act, or any other law or regulation
to conduct proceedings, other than as provided in subsection
(c), or has to promulgate rules or regulations. The Commission
shall not have the authority to limit or expand the
obligations and requirements provided in this Section or to
regulate or control a person or entity to the extent that
person or entity is providing cable service or video service,
except as provided in this Article.
(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
(220 ILCS 5/21-1601)
Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
this Article are repealed December 31, 2026 2021.
(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
Section 40. The Prevailing Wage Act is amended by changing
Section 2 and by adding Section 2.1 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Department of Commerce and Economic
Opportunity under the Illinois Renewable Fuels Development
Program Act for which there is no project labor agreement;
(ii) all work performed pursuant to a public private agreement
under the Public Private Agreements for the Illiana Expressway
Act or the Public-Private Agreements for the South Suburban
Airport Act; and (iii) all projects undertaken under a
public-private agreement under the Public-Private Partnerships
for Transportation Act. "Public works" also includes all
projects at leased facility property used for airport purposes
under Section 35 of the Local Government Facility Lease Act.
"Public works" also includes the construction of a new wind
power facility by a business designated as a High Impact
Business under Section 5.5(a)(3)(E) of the Illinois Enterprise
Zone Act. "Public works" does not include work done directly
by any public utility company, whether or not done under
public supervision or direction, or paid for wholly or in part
out of public funds. "Public works" also includes construction
projects performed by a third party contracted by any public
utility, as described in subsection (a) of Section 2.1, in
public rights-of-way, as defined in Section 21-201 of the
Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes construction
projects that exceed 15 aggregate miles of new fiber optic
cable, performed by a third party contracted by any public
utility, as described in subsection (b) of Section 2.1, in
public rights-of-way, as defined in Section 21-201 of the
Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence. "Public works" does not include work
performed for soil and water conservation purposes on
agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of
those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 100-1177, eff. 6-1-19.)
(820 ILCS 130/2.1 new)
Sec. 2.1. Public utilities.
(a) For purposes of this Act, to the extent permitted by
and consistent with federal law, "public utility" has the
meaning given that term in Section 3-105 of the Public
Utilities Act.
(b) For purposes of this Act, "public utility" also
includes:
(1) telecommunications carriers, as defined in Section
13-202 of the Public Utilities Act, but not including
incumbent local exchange carriers that serve fewer than
20,000 access lines;
(2) providers of cable service or video service, as
defined in Section 21-201 of the Public Utilities Act;
(3) providers of wireless services, including, but not
limited to, private radio service, public mobile service,
or commercial mobile service within the meaning of Section
332 of the federal Communications Act of 1934 (47 U.S.C.
332);
(4) interconnected voice over Internet protocol
providers as defined in Section 13-235 of the Public
Utilities Act;
(5) providers of broadband service, as defined in
Section 21-201 of the Public Utilities Act; and
(6) persons or entities engaged in the installation,
repair, or maintenance of fiber optic cable that is or
will be used by persons described in paragraphs (1)
through (5) of this subsection.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 40 takes effect on January
1, 2022.
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