Rep. Naomi D. Jakobsson

Filed: 3/19/2013

 

 


 

 


 
09800HB3035ham001LRB098 08955 JDS 42920 a

1
AMENDMENT TO HOUSE BILL 3035

2    AMENDMENT NO. ______. Amend House Bill 3035 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Disaster Relief Act is amended by changing
5Section 3 as follows:
 
6    (15 ILCS 30/3)  (from Ch. 127, par. 293.3)
7    Sec. 3. Whenever funds regularly appropriated to the State
8and local governmental bodies for disaster response and
9recovery are insufficient to provide services, and when the
10Governor has declared a disaster by proclamation in accordance
11with Section 7 of the Illinois Emergency Management Agency Act
12or any successor Act, the Governor may draw upon the Disaster
13Response and Recovery Relief Fund in order to provide services
14or to reimburse local governmental bodies furnishing services.
15The fund may be used for the payment of emergency employees,
16for the payment of the Illinois National Guard when called to

 

 

09800HB3035ham001- 2 -LRB098 08955 JDS 42920 a

1active duty, for disaster-related expenses of State Agencies
2and Departments, and for the emergency purchase or renting of
3equipment and commodities. The fund shall be used for
4furnishing emergency services and relief to the disaster area
5as a whole and shall not be used to provide private relief to
6persons sustaining property damages or personal injury as a
7result of a disaster.
8(Source: P.A. 87-168.)
 
9    Section 10. The Illinois Emergency Management Agency Act is
10amended by changing Sections 8 and 9 as follows:
 
11    (20 ILCS 3305/8)  (from Ch. 127, par. 1058)
12    Sec. 8. Mobile Support Teams.
13    (a) The Governor or Director may cause to be created Mobile
14Support Teams to aid and to reinforce the Illinois Emergency
15Management Agency, and emergency services and disaster
16agencies in areas stricken by disaster. Each mobile support
17team shall have a leader, selected by the Director who will be
18responsible, under the direction and control of the Director,
19for the organization, administration, and training, and
20operation of the mobile support team.
21    (b) Personnel of a mobile support team while on duty
22pursuant to such a call or while engaged in regularly scheduled
23training or exercises, whether within or without the State,
24shall either:

 

 

09800HB3035ham001- 3 -LRB098 08955 JDS 42920 a

1        (1) If they are paid employees of the State, have the
2    powers, duties, rights, privileges and immunities and
3    receive the compensation incidental to their employment.
4        (2) If they are paid employees of a political
5    subdivision or body politic of this State, and whether
6    serving within or without that political subdivision or
7    body politic, have the powers, duties, rights, privileges
8    and immunities, and receive the compensation incidental to
9    their employment.
10        (3) If they are not employees of the State, political
11    subdivision or body politic, or being such employees, are
12    not normally paid for their services, be entitled to at
13    least one dollar per year compensation from the State.
14    Personnel of a mobile support team who suffer disease,
15injury or death arising out of or in the course of emergency
16duty, shall for the purposes of benefits under the Workers'
17Compensation Act or Workers' Occupational Diseases Act only, be
18deemed to be employees of this State. If the person diseased,
19injured or killed is an employee described in item (3) above,
20the computation of benefits payable under either of those Acts
21shall be based on income commensurate with comparable State
22employees doing the same type of work or income from the
23person's regular employment, whichever is greater.
24    All personnel of mobile support teams shall, while on duty
25under such call, be reimbursed by this State for all actual and
26necessary travel and subsistence expenses.

 

 

09800HB3035ham001- 4 -LRB098 08955 JDS 42920 a

1    (c) The State shall reimburse each political subdivision or
2body politic from the Disaster Response and Recovery Relief
3Fund for the compensation paid and the actual and necessary
4travel, subsistence and maintenance expenses of paid employees
5of the political subdivision or body politic while serving,
6outside of its geographical boundaries pursuant to such a call,
7as members of a mobile support team, and for all payments made
8for death, disease or injury of those paid employees arising
9out of and incurred in the course of that duty, and for all
10losses of or damage to supplies and equipment of the political
11subdivision or body politic resulting from the operations.
12    (d) Whenever mobile support teams or units of another
13state, while the Governor has the emergency powers provided for
14under Section 7 of this Act, render aid to this State under the
15orders of the Governor of its home state and upon the request
16of the Governor of this State, all questions relating to
17reimbursement by this State to the other state and its citizens
18in regard to the assistance so rendered shall be determined by
19the mutual aid agreements or interstate compacts described in
20subparagraph (5) of paragraph (c) of Section 6 as are existing
21at the time of the assistance rendered or are entered into
22thereafter and under Section 303 (d) of the Federal Civil
23Defense Act of 1950.
24    (e) No personnel of mobile support teams of this State may
25be ordered by the Governor to operate in any other state unless
26a request for the same has been made by the Governor or duly

 

 

09800HB3035ham001- 5 -LRB098 08955 JDS 42920 a

1authorized representative of the other state.
2(Source: P.A. 92-73, eff. 1-1-02.)
 
3    (20 ILCS 3305/9)  (from Ch. 127, par. 1059)
4    Sec. 9. Financing.
5    (a) It is the intent of the Legislature and declared to be
6the policy of the State that funds to meet disasters shall
7always be available.
8    (b) It is the legislative intent that the first recourse
9shall be to funds regularly appropriated to State and political
10subdivision departments and agencies. If the Governor finds
11that the demands placed upon these funds in coping with a
12particular disaster are unreasonably great, the Governor may
13make funds available from the Disaster Response and Recovery
14Relief Fund. If monies available from the Fund are
15insufficient, and if the Governor finds that other sources of
16money to cope with the disaster are not available or are
17insufficient, the Governor shall request the General Assembly
18to enact legislation as it may deem necessary to transfer and
19expend monies appropriated for other purposes or borrow, for a
20term not to exceed 2 years from the United States government or
21other public or private source. If the General Assembly is not
22sitting in regular session to enact such legislation for the
23transfer, expenditure or loan of such monies, and the President
24of the Senate and the Speaker of the House certify that the
25Senate and House are not in session, the Governor is authorized

 

 

09800HB3035ham001- 6 -LRB098 08955 JDS 42920 a

1to carry out those decisions, by depositing transfers or loan
2proceeds into and making expenditures from the Disaster
3Response and Recovery Relief Fund, until such time as a quorum
4of the General Assembly can convene in a regular or
5extraordinary session. The General Assembly shall, to the
6extent moneys become available, restore moneys used from other
7sources under this Section.
8    (c) Nothing contained in this Section shall be construed to
9limit the Governor's authority to apply for, administer and
10expend grants, gifts or payments in aid of disaster mitigation,
11preparedness, response or recovery.
12(Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)
 
13    Section 15. The Emergency Management Assistance Compact
14Act is amended by adding Section 10 as follows:
 
15    (45 ILCS 151/10 new)
16    Sec. 10. Reimbursements and expenses. The Illinois
17Emergency Management Agency as the authorized representative
18of the State may use the Disaster Response and Recovery Fund to
19deposit any reimbursements received from a party state and to
20pay any expenses incurred relating to this Act.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".