Sen. Mike Jacobs

Filed: 5/21/2013

 

 


 

 


 
09800HB3035sam006LRB098 08955 JDS 46013 a

1
AMENDMENT TO HOUSE BILL 3035

2    AMENDMENT NO. ______. Amend House Bill 3035 as follows:
 
3on page 2, in line 3, by replacing "Section 8" with "Sections
45, 8,"; and
 
5on page 2, immediately below line 3, by inserting the
6following:
 
7    "(20 ILCS 3305/5)  (from Ch. 127, par. 1055)
8    Sec. 5. Illinois Emergency Management Agency.
9    (a) There is created within the executive branch of the
10State Government an Illinois Emergency Management Agency and a
11Director of the Illinois Emergency Management Agency, herein
12called the "Director" who shall be the head thereof. The
13Director shall be appointed by the Governor, with the advice
14and consent of the Senate, and shall serve for a term of 2
15years beginning on the third Monday in January of the

 

 

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1odd-numbered year, and until a successor is appointed and has
2qualified; except that the term of the first Director appointed
3under this Act shall expire on the third Monday in January,
41989. The Director shall not hold any other remunerative public
5office. The Director shall receive an annual salary as set by
6the Compensation Review Board.
7    (b) The Illinois Emergency Management Agency shall obtain,
8under the provisions of the Personnel Code, technical,
9clerical, stenographic and other administrative personnel, and
10may make expenditures within the appropriation therefor as may
11be necessary to carry out the purpose of this Act. The agency
12created by this Act is intended to be a successor to the agency
13created under the Illinois Emergency Services and Disaster
14Agency Act of 1975 and the personnel, equipment, records, and
15appropriations of that agency are transferred to the successor
16agency as of the effective date of this Act.
17    (c) The Director, subject to the direction and control of
18the Governor, shall be the executive head of the Illinois
19Emergency Management Agency and the State Emergency Response
20Commission and shall be responsible under the direction of the
21Governor, for carrying out the program for emergency management
22of this State. The Director shall also maintain liaison and
23cooperate with the emergency management organizations of this
24State and other states and of the federal government.
25    (d) The Illinois Emergency Management Agency shall take an
26integral part in the development and revision of political

 

 

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1subdivision emergency operations plans prepared under
2paragraph (f) of Section 10. To this end it shall employ or
3otherwise secure the services of professional and technical
4personnel capable of providing expert assistance to the
5emergency services and disaster agencies. These personnel
6shall consult with emergency services and disaster agencies on
7a regular basis and shall make field examinations of the areas,
8circumstances, and conditions that particular political
9subdivision emergency operations plans are intended to apply.
10    (e) The Illinois Emergency Management Agency and political
11subdivisions shall be encouraged to form an emergency
12management advisory committee composed of private and public
13personnel representing the emergency management phases of
14mitigation, preparedness, response, and recovery. The Local
15Emergency Planning Committee, as created under the Illinois
16Emergency Planning and Community Right to Know Act, shall serve
17as an advisory committee to the emergency services and disaster
18agency or agencies serving within the boundaries of that Local
19Emergency Planning Committee planning district for:
20        (1) the development of emergency operations plan
21    provisions for hazardous chemical emergencies; and
22        (2) the assessment of emergency response capabilities
23    related to hazardous chemical emergencies.
24    (f) The Illinois Emergency Management Agency shall:
25        (1) Coordinate the overall emergency management
26    program of the State.

 

 

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1        (2) Cooperate with local governments, the federal
2    government and any public or private agency or entity in
3    achieving any purpose of this Act and in implementing
4    emergency management programs for mitigation,
5    preparedness, response, and recovery.
6        (2.5) Develop a comprehensive emergency preparedness
7    and response plan for any nuclear accident in accordance
8    with Section 65 of the Department of Nuclear Safety Law of
9    2004 (20 ILCS 3310) and in development of the Illinois
10    Nuclear Safety Preparedness program in accordance with
11    Section 8 of the Illinois Nuclear Safety Preparedness Act.
12        (2.6) Coordinate with the Department of Public Health
13    with respect to planning for and responding to public
14    health emergencies.
15        (3) Prepare, for issuance by the Governor, executive
16    orders, proclamations, and regulations as necessary or
17    appropriate in coping with disasters.
18        (4) Promulgate rules and requirements for political
19    subdivision emergency operations plans that are not
20    inconsistent with and are at least as stringent as
21    applicable federal laws and regulations.
22        (5) Review and approve, in accordance with Illinois
23    Emergency Management Agency rules, emergency operations
24    plans for those political subdivisions required to have an
25    emergency services and disaster agency pursuant to this
26    Act.

 

 

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1        (5.5) Promulgate rules and requirements for the
2    political subdivision emergency management exercises,
3    including, but not limited to, exercises of the emergency
4    operations plans.
5        (5.10) Review, evaluate, and approve, in accordance
6    with Illinois Emergency Management Agency rules, political
7    subdivision emergency management exercises for those
8    political subdivisions required to have an emergency
9    services and disaster agency pursuant to this Act.
10        (6) Determine requirements of the State and its
11    political subdivisions for food, clothing, and other
12    necessities in event of a disaster.
13        (7) Establish a register of persons with types of
14    emergency management training and skills in mitigation,
15    preparedness, response, and recovery.
16        (8) Establish a register of government and private
17    response resources available for use in a disaster.
18        (9) Expand the Earthquake Awareness Program and its
19    efforts to distribute earthquake preparedness materials to
20    schools, political subdivisions, community groups, civic
21    organizations, and the media. Emphasis will be placed on
22    those areas of the State most at risk from an earthquake.
23    Maintain the list of all school districts, hospitals,
24    airports, power plants, including nuclear power plants,
25    lakes, dams, emergency response facilities of all types,
26    and all other major public or private structures which are

 

 

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1    at the greatest risk of damage from earthquakes under
2    circumstances where the damage would cause subsequent harm
3    to the surrounding communities and residents.
4        (10) Disseminate all information, completely and
5    without delay, on water levels for rivers and streams and
6    any other data pertaining to potential flooding supplied by
7    the Division of Water Resources within the Department of
8    Natural Resources to all political subdivisions to the
9    maximum extent possible.
10        (11) Develop agreements, if feasible, with medical
11    supply and equipment firms to supply resources as are
12    necessary to respond to an earthquake or any other disaster
13    as defined in this Act. These resources will be made
14    available upon notifying the vendor of the disaster.
15    Payment for the resources will be in accordance with
16    Section 7 of this Act. The Illinois Department of Public
17    Health shall determine which resources will be required and
18    requested.
19        (11.5) In coordination with the Department of State
20    Police, develop and implement a community outreach program
21    to promote awareness among the State's parents and children
22    of child abduction prevention and response.
23        (12) Out of funds appropriated for these purposes,
24    award capital and non-capital grants to Illinois hospitals
25    or health care facilities located outside of a city with a
26    population in excess of 1,000,000 to be used for purposes

 

 

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1    that include, but are not limited to, preparing to respond
2    to mass casualties and disasters, maintaining and
3    improving patient safety and quality of care, and
4    protecting the confidentiality of patient information. No
5    single grant for a capital expenditure shall exceed
6    $300,000. No single grant for a non-capital expenditure
7    shall exceed $100,000. In awarding such grants, preference
8    shall be given to hospitals that serve a significant number
9    of Medicaid recipients, but do not qualify for
10    disproportionate share hospital adjustment payments under
11    the Illinois Public Aid Code. To receive such a grant, a
12    hospital or health care facility must provide funding of at
13    least 50% of the cost of the project for which the grant is
14    being requested. In awarding such grants the Illinois
15    Emergency Management Agency shall consider the
16    recommendations of the Illinois Hospital Association.
17        (13) Do all other things necessary, incidental or
18    appropriate for the implementation of this Act.
19    (g) The Illinois Emergency Management Agency is authorized
20to make grants to various higher education institutions for
21safety and security improvements. For the purpose of this
22subsection (g), "higher education institution" means a public
23university, a public community college, or an independent,
24not-for-profit or for-profit higher education institution
25located in this State. Grants made under this subsection (g)
26shall be paid out of moneys appropriated for that purpose from

 

 

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1the Build Illinois Bond Fund. The Illinois Emergency Management
2Agency shall adopt rules to implement this subsection (g).
3These rules may specify: (i) the manner of applying for grants;
4(ii) project eligibility requirements; (iii) restrictions on
5the use of grant moneys; (iv) the manner in which the various
6higher education institutions must account for the use of grant
7moneys; and (v) any other provision that the Illinois Emergency
8Management Agency determines to be necessary or useful for the
9administration of this subsection (g).
10    (h) Except as provided in Section 17.5 of this Act, any
11moneys received by the Agency from donations or sponsorships
12shall be deposited in the Emergency Planning and Training Fund
13and used by the Agency, subject to appropriation, to effectuate
14planning and training activities.
15(Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09;
1696-1000, eff. 7-2-10.)"; and
 
17on page 6, immediately below line 13, by inserting the
18following:
 
19    "Section 20. The Illinois Emergency Planning and Community
20Right to Know Act is amended by changing Section 18 as follows:
 
21    (430 ILCS 100/18)  (from Ch. 111 1/2, par. 7718)
22    Sec. 18. Penalties.
23    (a) Any person who violates any requirement of Section 9,

 

 

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110, 11, 12, or 14 of this Act shall be liable for a civil
2penalty in an amount not to exceed $25,000 for each violation.
3In the case of a second or subsequent violation of Section 10,
4the civil penalty shall not exceed $75,000 for each day during
5which the violation continues.
6    (b) Any person who knowingly fails to provide immediate
7notification of a release in violation of Section 10 of this
8Act, shall be guilty of a Class 4 felony, and in addition to
9any other penalty prescribed by law is subject to a fine not to
10exceed $25,000 for each day of the violation. In the case of a
11second or subsequent conviction, the person shall be guilty of
12a Class 3 felony, and in addition to any other penalty
13prescribed by law is subject to a fine not to exceed $50,000
14for each day of the violation.
15    (c) All civil penalties and fines collected under this
16Section shall be deposited in the Emergency Planning and
17Training Fund, which that is hereby created as a special fund
18in the State Treasury, and may shall be used by IEMA, pursuant
19to appropriation, for its activities arising under this Act and
20the Federal Act, including providing financial support for
21local emergency planning committees and for training
22initiatives authorized by IEMA.
23(Source: P.A. 86-449; 87-168.)".