[HISTORY: Adopted by the County Board of
McLean County 7-17-1990 (Ch. 22 of the 1986 Code). Amendments noted where applicable.]
For purpose of this chapter, the following definitions
shall apply:
The Emergency Telephone System Act, as amended (50 ILCS 750/0.01
et seq.).
Any person working for an alarm business.
Any person, firm or corporation who or which sells, leases
or installs automatic voice tape dialer devices or signaling devices
which transmit alarms upon receipt of a stimulus from a detection
apparatus or a manually operated system.
Any person, corporation, partnership or other entity owning
or in possession of a premises where an automatic alarm is maintained
other than alarm systems on a motor vehicle.
An assembly of equipment arranged to signal the presence
of a hazard requiring urgent attention and to which the Sheriff's
Office responds that is compatible with the McLean County Sheriff's
Department Rural Emergency Locator Number System.
An Emergency Telephone System Board or a Joint Emergency
Telephone System Board created pursuant to the Act.
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
interpremises traffic.
The state, and any unit of local government or special purpose
district located in whole or in part within this State which provides
or has authority to provide fire-fighting, police, ambulance, medical,
or other emergency services.
The location of the subscriber's telecommunications facilities
accessing the network connection or connections that are subject to
the surcharge. If this is not a defined location, "service address"
shall mean the location of a subscriber's primary use of the network
connection as defined by telephone number, authorization code, or
location in Illinois where bills are sent.
A basic system with the additional capability of automatic
identification of the caller's number, holding the incoming reconnection
on the same telephone line, clearing a telephone line, or automatic
call routing or any other capability or features then available or
combinations of such capabilities.
Any natural individual, firm, trust, estate, partnership,
association, joint stock company, joint venture, corporation, municipal
corporation or political subdivision of this state, or a receiver,
trustee, conservator or other representative appointed by order of
any court engaged in the business of transmitting messages by means
of electricity. "Telecommunications carrier" does not include a cellular
or other mobile communications carrier.
Has the meaning ascribed to the term in 65 ILCS 5/8-11-2.
A surcharge is hereby imposed, subject to the
provisions hereunder, upon all telephone subscribers passed through
telecommunications carriers engaged in the business of transmitting
messages by means of electricity originating within the corporate
limits of McLean County for funding of a 9-1-1 emergency telephone
system.
A.
Referendum. A referendum shall be placed by the County
Clerk on the November 6, 1990, ballot for all legal voters residing
in the County to vote upon the following question:
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Shall the County of McLean impose a surcharge
of up to $1.25 per month per network connection, which surcharge shall
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
telephone system?
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B.
If a majority of the votes cast upon the question
are in favor thereof, a surcharge is hereby imposed at a rate of $1.25
per month per in-service network connection, as hereinafter defined.
A network connection shall not be deemed to be in service where a
subscriber's account is uncollectable.
C.
The County Clerk shall provide any telecommunications
carrier subject to the surcharge with a certified list of those network
connections assigned to the County to be exempt from imposition of
the surcharge. The certified list may be revised by the County on
60 days' prior written notice provided to the telecommunications carriers.
D.
Effective date. The surcharge shall be imposed on the first day of the month following the expiration of 90 days from the date the County Clerk certifies to the individual telecommunications carriers subject to the surcharge that the referendum referred to in Subsection A has passed.
E.
Accounting and collection charge. In lieu of the telecommunications carriers imposing a three-percent accounting and collection charge on their subscribers as permitted under the Act, each telecommunications carrier is hereby authorized and instructed to recover said accounting and collection charge by deducting 3% from the gross amount of surcharge collected otherwise due and owing the County prior to remittance under Subsection G of this section.
F.
Emergency telephone system fund. The amount of surcharge collected by the telecommunications carrier shall be paid to the County Treasurer to be placed in an Emergency Telephone System Fund 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, and the three-percent accounting and collection charge described in Subsection E.
G.
Simultaneously with the remittance described in Subsection F above, each telecommunications carrier shall make a return to the County Treasurer for the period to which the remittance applies stating as follows:
(1)
The name of the telecommunications carrier.
(2)
The telecommunications carrier's principal place of
business.
(3)
The number of network connections to which the surcharge
applies.
(4)
The amount of surcharge due.
(5)
Such other reasonable and related information as the
corporate authorities may require.
H.
Payment in error. If it shall appear that an amount
of surcharge has been paid which was not due under the provisions
of this section, whether as the result of a mistake of fact or an
error of law, then such amount shall be credited against any surcharge
due, or to become due, under this section from the telecommunications
carrier who made the erroneous payments, provided that no amount erroneously
paid more than three years prior to the filing of a claim therefor
shall be so credited. Ninety days' prior notice shall be given to
the Emergency Telephone System Board on any credit against a surcharge
due.
I.
Collection limitations. No action to recover any amount
of surcharge due under the provisions of this section shall be commenced
more than three years after the due date of such amount.
J.
Subject to the sunset provision enacted and the creation of the Statewide
9-1-1 Fund by the Illinois Legislature, no surcharge will be imposed
or collected unless or until the power to do so is returned to the
County of McLean.
[Added 3-21-2017]
[Added 1-15-1991]
There is hereby established the McLean County
Emergency Telephone System Board.
A.
Composition. The Board shall consist of nine members
to be appointed by the County Board Chairman with the advice and consent
of the McLean County Board as follows:
(1)
A representative of the McLean County Sheriff's Department.
(2)
A representative of the Bloomington Police Department.
(3)
A representative of the Normal Police Department.
(4)
A representative
of the Illinois State University Police Department.
(5)
One person engaged in providing emergency medical
services.
(6)
One person representing Division 41 of the Mutual
Aid Box Alarm System.
(7)
Two persons representing community public safety agencies,
exclusive of Bloomington and Normal, Illinois.
(8)
One member of the public who is a resident of the
local exchange service territory on the basis of that person's ability
or experience.
B.
Residency required. All members shall be residents
of McLean County, Illinois.
C.
Terms of Board members. The term of office of the
initially appointed members of the Board shall be as follows: three
members shall serve a term of two years, three members shall serve
a term of three years, and three members shall serve a term of four
years. All subsequent appointees shall serve a term of four years.
D.
Vacancies. Should an appointed position on the Board
become vacant for any reason, a replacement member shall be appointed
by the County Board Chairman to fill out the term of the vacating
member.
E.
Removal. A member of the Board may be removed by the
Chairman of the County Board, with the advice and consent of the McLean
County Board.
F.
Ad hoc Board membership. Ad hoc committees comprised
of non-Board members may be appointed for the purpose of providing
support services to the Emergency Telephone System Board.
(1)
Recommendations for ad hoc membership may be submitted
by the Board any time to the County Board Chairman for approval, subject
to the advice and consent of the McLean County Board.
(2)
Ad hoc committee members shall not be permitted to
vote, but will have the right to participate and provide input at
all Board meetings.
G.
Compensation. Members of the Board shall serve without
compensation but shall be reimbursed for their actual and necessary
expenses.
H.
Powers and duties of the Board. The powers and duties
of the Board shall be:
(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 monies from the surcharge imposed under
the Act and from any other source for deposit into the Emergency Telephone
System Fund.
(4)
Authorizing all disbursements from the Emergency Telephone
System Fund.
(5)
Hiring, on a temporary basis, staff necessary for
the implementation or upgrade of the system.
(6)
Such other powers and duties as may be granted or
imposed by the Act, now in effect or as may be amended in the future.
I.
Meetings. The Board shall function as a public body,
subject to the Open Meetings Act, 5 ILCS 120/1 et seq.
J.
Purchases. The Board shall conduct all purchases of equipment, supplies and services pursuant to Chapter 116, Purchasing and Contracting, of the McLean County Code.
K.
Emergency Telephone System Fund. All monies received by the Board pursuant to the surcharge imposed under § 184-2 and any grant or gift from any source shall be deposited into the Emergency Telephone System Fund.
(1)
The Treasurer of the County of McLean shall be custodian
of the fund.
(2)
All interest accruing on the fund shall remain in
the fund.
(3)
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.
(4)
Expenditures may be made only to pay for the costs
associated with the following:
(a)
The design of the emergency telephone system.
(b)
The coding of an initial master street address
guide database, and updating and maintenance thereof.
(c)
The repayment of any monies advanced for the
implementation of the system.
(d)
The charges for automatic number identification
and automatic location identification equipment, a computer-aided
dispatch system that records, maintains, and integrates information,
mobile data transmitters equipped with automatic vehicle locators,
and maintenance, replacement and update thereof to increase operational
efficiency and improve the provision of emergency services.
[Amended 2-17-2015]
(e)
The nonrecurring charges related to installation
of the emergency telephone system and the ongoing network charges.
(f)
The acquisition and installation, or the reimbursement of costs therefor
to other governmental bodies that have incurred those costs, of road
or street signs that are essential to the implementation of the emergency
telephone system and that are not duplicative of signs that are the
responsibility of the jurisdiction charged with maintaining road and
street signs.
[Added 2-17-2015]
(g)
Other products and services necessary of the
implementation, upgrade and maintenance of the system and any other
purpose related to the operation of the system, including costs attributable
directly to the construction, leasing, or maintenance of any buildings
or facilities or costs of personnel attributable directly to the operation
of the system. Costs attributable directly to the operation of an
emergency telephone system do not include the costs of public safety
agency personnel and equipment that are dispatched in response to
an emergency call.
L.
Accounting. On or before March 1 of each year, the
Emergency Telephone System Board shall provide an annual accounting
of all income and expenditures of the previous fiscal year to the
County Board of McLean County. The Emergency Telephone System Board's
fiscal year shall be the calendar year January 1 through December
31.
M.
Adoption by reference. The powers and duties of the
Emergency Telephone System Board as set forth in 50 ILCS 750/15.4,
as amended, are incorporated herein by reference.
[Added 7-16-1991]
B.
Servicing of automatic alarms. No alarm user shall
permit any alarm equipment supplier or alarm agent to perform any
service on any alarm system to which the Sheriff's Office responds
without first notifying the Sheriff's Office and disconnecting said
alarm at the alarm user's end, and again notifying the Sheriff's Office
upon completion of the work.
C.
Alarm permit application.
(1)
Any alarm user who desires to install or continue
use of an automatic alarm system, including on-premises alarm systems,
shall first apply for and obtain an alarm permit from the Sheriff
for each alarm system installed, using an application form to be provided.
Each application shall be signed by the alarm user and shall include,
but not be limited to, the following:
(a)
Name, address and telephone number of the premises
where the alarm is located.
(b)
Name, address and telephone number of the owner
or manager, if applicable.
(c)
Business hours of the establishment, if applicable.
(d)
List of persons with authorized access to the
premises.
(e)
Procedure to be followed in the event of an
alarm.
(f)
Emergency call list of persons to notify in
the event of an alarm, who are available 24 hours a day.
(g)
Description and location of the alarm on the
premises.
(h)
Name and address of the alarm equipment suppliers
or alarm agents monitoring or maintaining the alarm.
(i)
A statement that the automatic alarm is compatible
with the McLean County Sheriff's Department's Rural Emergency Locator
Number System.
(j)
A list of the type of alarm(s), such as burglary,
fire, etc.
(2)
Each alarm user shall pay an annual permit fee as set forth in Chapter 205, Fees, upon submitting the application to the McLean County Sheriff.
(3)
Each application and fee shall be submitted no later
than December 1 of each year.
D.
Right of inspection and duty of maintenance.
(1)
The Sheriff or his designee shall have the right to
inspect any automatic alarm on the premises where it is intended to
be used both prior to and subsequent to the issuance of a permit,
at reasonable times, to determine whether a permit should be granted
and whether it is being used in conformity with the terms of the permit
and the provisions of this section.
(2)
Every alarm user licensed under this section shall
be required to have its alarm system inspected at least once a year
by a licensed alarm business, and post a certificate of such inspection
on the premises where the alarm system is maintained.
E.
Liability of the Sheriff of McLean County or its designated
agent. The County of McLean or its designated agents shall take every
reasonable precaution to assure that alarm signals and prerecorded
alarm messages received by the County of McLean or its designated
agent are given appropriate attention and are acted upon with dispatch.
Nevertheless, the County of McLean or its designated agents shall
not be liable for any defects in operation of automatic voice tape
dialer devices and signal device systems for any failure or neglect
of any person in connection with the installation and operation of
equipment, the transmission of alarm signals and prerecorded alarm
messages or the relaying of such signals and messages. In the event
that the County of McLean or its designated agent finds it necessary
to disconnect a defective automatic voice tape dialer device or signaling
device, pursuant to this section, the County of McLean or its designated
agent shall incur no liability by such action.
F.
Penalties for violations. Any alarm user who violates,
disobeys, omits, neglects, or who resists enforcement of any of the
provisions of this section, including provisions adopted by reference,
or who refuses to remedy a violation of any such provision or to remedy
violations of this section shall be guilty of a petty offense and
subject to a fine not to exceed $500 for each offense, and each day
upon which such violation continues shall constitute a separate offense.
If any provision of this chapter is held to
be invalid by any court of competent jurisdiction, such provision
shall be deemed to be excised therefrom and the invalidity thereof
shall not affect any other provisions contained herein. In the event
it is determined by any court of competent jurisdiction that any of
the provisions of this chapter cannot legally be performed by the
Sheriff's Office or the County or are not within the statutory authority
conferred upon the Sheriff's Office or the County, then no further
liability for the performance of such provisions shall attach to the
Sheriff's Office or the County, or any of its officers, agents or
employees.
