[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:
- ACT or THE ACT
- The Emergency Telephone System Act, as amended (50 ILCS 750/0.01 et seq.).
- ALARM AGENT
- Any person working for an alarm business.
- ALARM EQUIPMENT SUPPLIERS
- 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.
- ALARM USER
- 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.
- AUTOMATIC ALARM
- 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.
- NETWORK CONNECTIONS
- 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.
- PUBLIC AGENCY
- 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.
- SERVICE ADDRESS
- 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.
- SOPHISTICATED SYSTEM
- 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.
- TELECOMMUNICATIONS CARRIER
- 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.
- TRANSMITTING MESSAGES
- 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.
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:
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.
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.
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.
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.
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.
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:
The name of the telecommunications carrier.
The telecommunications carrier's principal place of business.
The number of network connections to which the surcharge applies.
The amount of surcharge due.
Such other reasonable and related information as the corporate authorities may require.
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.
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.
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.
There is hereby established the McLean County Emergency Telephone System Board.
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:
A representative of the McLean County Sheriff's Department.
A representative of the Bloomington Police Department.
A representative of the Normal Police Department.
A representative of the Illinois State University Police Department.
One person engaged in providing emergency medical services.
One person representing Division 41 of the Mutual Aid Box Alarm System.
Two persons representing community public safety agencies, exclusive of Bloomington and Normal, Illinois.
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.
Residency required. All members shall be residents of McLean County, Illinois.
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.
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.
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.
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.
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.
Ad hoc committee members shall not be permitted to vote, but will have the right to participate and provide input at all Board meetings.
Compensation. Members of the Board shall serve without compensation but shall be reimbursed for their actual and necessary expenses.
Powers and duties of the Board. The powers and duties of the Board shall be:
Planning a 9-1-1 system.
Coordinating and supervising the implementation, upgrading or maintenance of the system, including the establishment of equipment specifications and coding systems.
Receiving monies from the surcharge imposed under the Act and from any other source for deposit into the Emergency Telephone System Fund.
Authorizing all disbursements from the Emergency Telephone System Fund.
Hiring, on a temporary basis, staff necessary for the implementation or upgrade of the system.
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.
Meetings. The Board shall function as a public body, subject to the Open Meetings Act, 5 ILCS 120/1 et seq.
Purchases. The Board shall conduct all purchases of equipment, supplies and services pursuant to Chapter 116, Purchasing and Contracting, of the McLean County Code.
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.
The Treasurer of the County of McLean 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.
Expenditures may be made only to pay for the costs associated with the following:
The design of the emergency telephone system.
The coding of an initial master street address guide database, and updating and maintenance thereof.
The repayment of any monies advanced for the implementation of the system.
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.
The nonrecurring charges related to installation of the emergency telephone system and the ongoing network charges.
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.
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.
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.
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.
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.
Alarm permit application.
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:
Name, address and telephone number of the premises where the alarm is located.
Name, address and telephone number of the owner or manager, if applicable.
Business hours of the establishment, if applicable.
List of persons with authorized access to the premises.
Procedure to be followed in the event of an alarm.
Emergency call list of persons to notify in the event of an alarm, who are available 24 hours a day.
Description and location of the alarm on the premises.
Name and address of the alarm equipment suppliers or alarm agents monitoring or maintaining the alarm.
A statement that the automatic alarm is compatible with the McLean County Sheriff's Department's Rural Emergency Locator Number System.
A list of the type of alarm(s), such as burglary, fire, etc.
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.
Each application and fee shall be submitted no later than December 1 of each year.
Right of inspection and duty of maintenance.
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.
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.
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.
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.