Public Act 096-0025
 		





SB0074 Enrolled
LRB096 01324 MJR 11332 b






    AN ACT concerning regulation.

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


 
    Section 5. The Emergency Telephone System Act is amended  by 
adding Section 15.7 as follows:
 
    (50 ILCS 750/15.7 new)

    Sec. 15.7. Compliance with certification of 9-1-1 system 
providers by the Illinois Commerce Commission. In addition to 
the requirements of this Section, all 9-1-1  system providers 
must comply with the requirements of Section 13-900 of the 
Public Utilities Act.
 
    Section 10. The Public Utilities Act is amended  by adding 
Section 13-900 as follows:
 
    (220 ILCS 5/13-900  new)
    (Section scheduled to be repealed on July 1, 2009)
    Sec. 13-900. Authority to serve as 9-1-1 system provider; 
rules. 
    (a) The General Assembly finds that it is necessary to 
require the certification of 9-1-1 system providers to ensure 
the safety of the lives and property of Illinoisans and 
Illinois businesses, and to otherwise protect and promote the 
public safety, health, and welfare of the citizens of this 
State and their property.
    (b) For purposes of this Section:
        "9-1-1 system" has the same meaning as that term is 
    defined in Section 2.19 of the Emergency Telephone System 
    Act.
        "9-1-1 system provider" means any person, corporation, 
    limited liability company, partnership, sole 
    proprietorship, or entity of any description whatever that 
    acts as a system provider within the meaning of Section 
    2.18 of the Emergency Telephone System Act.
        "Emergency Telephone System Board" has the same 
    meaning as that term is  defined in Sections 2.11 and 15.4 
    of the Emergency Telephone System Act.
        "Public safety agency personnel" means personnel 
    employed by a public safety agency, as that term is defined 
    in Section 2.02 of the Emergency Telephone System Act, 
    whose responsibilities include responding to requests for 
    emergency services.
    (c) Except as otherwise provided in this Section, beginning 
July 1, 2010, it is  unlawful for any 9-1-1 system provider to 
offer or provide or seek to offer or provide to any emergency 
telephone system board or 9-1-1 system, or agent, 
representative, or designee thereof, any network and database 
service used or intended to be used by any emergency telephone 
system board or 9-1-1 system for the purpose of answering, 
transferring, or relaying requests for emergency services, or 
dispatching public safety agency personnel in response to  
requests for emergency services, unless the 9-1-1 system 
provider has applied for and received a Certificate of 9-1-1 
System Provider Authority from the Commission. The Commission 
shall approve an application for a Certificate of 9-1-1 System 
Provider Authority upon a showing by the applicant, and a 
finding by the Commission, after notice and hearing, that the 
applicant possesses sufficient technical, financial, and 
managerial resources and abilities to provide network service 
and database services that it seeks authority to provide in its 
application for service authority, in a safe, continuous, and  
uninterrupted manner.
    (d) No incumbent local exchange carrier that provides, as 
of the effective date of this amendatory Act of the 96th 
General Assembly, any 9-1-1 network and 9-1-1 database service 
used or intended to be used by any Emergency Telephone System 
Board or 9-1-1 system, shall be required to obtain a 
Certificate of 9-1-1 System Provider Authority under this 
Section. No entity that possesses, as of the effective date of 
this amendatory Act of the 96th General Assembly, a Certificate 
of Service Authority and provides 9-1-1 network and 9-1-1 
database services to any incumbent local exchange carrier as of 
the effective date of this amendatory Act of the 96th General 
Assembly shall be required to obtain a Certificate of 9-1-1 
System Provider Authority under this Section.
    (e) Any and all enforcement authority granted to the 
Commission under this Section shall apply exclusively to 9-1-1 
system providers granted a Certificate of Service Authority 
under this Section and shall not apply to incumbent local 
exchange carriers that are providing 9-1-1 service as of the 
effective date of this amendatory Act of the 96th General 
Assembly.
 

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