HB3035sam004 98TH GENERAL ASSEMBLY

Sen. Mike Jacobs

Filed: 5/17/2013

09800HB3035sam004 LRB098 08955 OMW 46041 a

AMENDMENT TO HOUSE BILL 3035

AMENDMENT NO. ______. Amend House Bill 3035 by replacing everything after the enacting clause with the following:

"Section 5. The Disaster Relief Act is amended by changing Section 3 as follows:

(15 ILCS 30/3) (from Ch. 127, par. 293.3)

Sec. 3. Whenever funds regularly appropriated to the State and local governmental bodies for disaster response and recovery are insufficient to provide services, and when the Governor has declared a disaster by proclamation in accordance with Section 7 of the Illinois Emergency Management Agency Act or any successor Act, the Governor may draw upon the Disaster Response and Recovery Relief Fund in order to provide services or to reimburse local governmental bodies furnishing services. The fund may be used for the payment of emergency employees, for the payment of the Illinois National Guard when called to active duty, for disaster-related expenses of State Agencies and Departments, and for the emergency purchase or renting of equipment and commodities. The fund shall be used for furnishing emergency services and relief to the disaster area as a whole and shall not be used to provide private relief to persons sustaining property damages or personal injury as a result of a disaster.

(Source: P.A. 87-168.)

Section 10. The State Police Act is amended by adding Section 12.6 as follows:

(20 ILCS 2610/12.6 new)

Sec. 12.6. Zero impairment alcohol policy.

(a) The Department of State Police shall have an alcohol impairment policy for on-duty State Police officers in place. The preferable standard for an alcohol impairment policy for on-duty State Police officer is 0.00% blood alcohol content.

(b) Nothing in this Section shall preclude the Department of State Police from entering into collective bargaining agreements with additional terms that govern alcohol testing of on-duty State Police officers; however, in no case shall the Department of State Police adopt an alcohol impairment policy for on-duty State Police officers permitting greater than 0.021% blood alcohol content.

(c) An "on-duty State Police officer" is defined as a State Police officer reporting for normally scheduled duty.

(d) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires, or is renewed, renegotiated, or superseded.

Section 15. The Illinois Emergency Management Agency Act is amended by changing Sections 5, 8, and 9 as follows:

(20 ILCS 3305/5) (from Ch. 127, par. 1055)

Sec. 5. Illinois Emergency Management Agency.

(a) There is created within the executive branch of the State Government an Illinois Emergency Management Agency and a Director of the Illinois Emergency Management Agency, herein called the "Director" who shall be the head thereof. The Director shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve for a term of 2 years beginning on the third Monday in January of the odd-numbered year, and until a successor is appointed and has qualified; except that the term of the first Director appointed under this Act shall expire on the third Monday in January, 1989. The Director shall not hold any other remunerative public office. The Director shall receive an annual salary as set by the Compensation Review Board.

(b) The Illinois Emergency Management Agency shall obtain, under the provisions of the Personnel Code, technical, clerical, stenographic and other administrative personnel, and may make expenditures within the appropriation therefor as may be necessary to carry out the purpose of this Act. The agency created by this Act is intended to be a successor to the agency created under the Illinois Emergency Services and Disaster Agency Act of 1975 and the personnel, equipment, records, and appropriations of that agency are transferred to the successor agency as of the effective date of this Act.

(c) The Director, subject to the direction and control of the Governor, shall be the executive head of the Illinois Emergency Management Agency and the State Emergency Response Commission and shall be responsible under the direction of the Governor, for carrying out the program for emergency management of this State. The Director shall also maintain liaison and cooperate with the emergency management organizations of this State and other states and of the federal government.

(d) The Illinois Emergency Management Agency shall take an integral part in the development and revision of political subdivision emergency operations plans prepared under paragraph (f) of Section 10. To this end it shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to the emergency services and disaster agencies. These personnel shall consult with emergency services and disaster agencies on a regular basis and shall make field examinations of the areas, circumstances, and conditions that particular political subdivision emergency operations plans are intended to apply.

(e) The Illinois Emergency Management Agency and political subdivisions shall be encouraged to form an emergency management advisory committee composed of private and public personnel representing the emergency management phases of mitigation, preparedness, response, and recovery. The Local Emergency Planning Committee, as created under the Illinois Emergency Planning and Community Right to Know Act, shall serve as an advisory committee to the emergency services and disaster agency or agencies serving within the boundaries of that Local Emergency Planning Committee planning district for:

(1) the development of emergency operations plan provisions for hazardous chemical emergencies; and

(2) the assessment of emergency response capabilities related to hazardous chemical emergencies.

(f) The Illinois Emergency Management Agency shall:

(1) Coordinate the overall emergency management program of the State.

(2) Cooperate with local governments, the federal government and any public or private agency or entity in achieving any purpose of this Act and in implementing emergency management programs for mitigation, preparedness, response, and recovery.

(2.5) Develop a comprehensive emergency preparedness and response plan for any nuclear accident in accordance with Section 65 of the Department of Nuclear Safety Law of 2004 (20 ILCS 3310) and in development of the Illinois Nuclear Safety Preparedness program in accordance with Section 8 of the Illinois Nuclear Safety Preparedness Act.

(2.6) Coordinate with the Department of Public Health with respect to planning for and responding to public health emergencies.

(3) Prepare, for issuance by the Governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters.

(4) Promulgate rules and requirements for political subdivision emergency operations plans that are not inconsistent with and are at least as stringent as applicable federal laws and regulations.

(5) Review and approve, in accordance with Illinois Emergency Management Agency rules, emergency operations plans for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act.

(5.5) Promulgate rules and requirements for the political subdivision emergency management exercises, including, but not limited to, exercises of the emergency operations plans.

(5.10) Review, evaluate, and approve, in accordance with Illinois Emergency Management Agency rules, political subdivision emergency management exercises for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act.

(6) Determine requirements of the State and its political subdivisions for food, clothing, and other necessities in event of a disaster.

(7) Establish a register of persons with types of emergency management training and skills in mitigation, preparedness, response, and recovery.

(8) Establish a register of government and private response resources available for use in a disaster.

(9) Expand the Earthquake Awareness Program and its efforts to distribute earthquake preparedness materials to schools, political subdivisions, community groups, civic organizations, and the media. Emphasis will be placed on those areas of the State most at risk from an earthquake. Maintain the list of all school districts, hospitals, airports, power plants, including nuclear power plants, lakes, dams, emergency response facilities of all types, and all other major public or private structures which are at the greatest risk of damage from earthquakes under circumstances where the damage would cause subsequent harm to the surrounding communities and residents.

(10) Disseminate all information, completely and without delay, on water levels for rivers and streams and any other data pertaining to potential flooding supplied by the Division of Water Resources within the Department of Natural Resources to all political subdivisions to the maximum extent possible.

(11) Develop agreements, if feasible, with medical supply and equipment firms to supply resources as are necessary to respond to an earthquake or any other disaster as defined in this Act. These resources will be made available upon notifying the vendor of the disaster. Payment for the resources will be in accordance with Section 7 of this Act. The Illinois Department of Public Health shall determine which resources will be required and requested.

(11.5) In coordination with the Department of State Police, develop and implement a community outreach program to promote awareness among the State's parents and children of child abduction prevention and response.

(12) Out of funds appropriated for these purposes, award capital and non-capital grants to Illinois hospitals or health care facilities located outside of a city with a population in excess of 1,000,000 to be used for purposes that include, but are not limited to, preparing to respond to mass casualties and disasters, maintaining and improving patient safety and quality of care, and protecting the confidentiality of patient information. No single grant for a capital expenditure shall exceed $300,000. No single grant for a non-capital expenditure shall exceed $100,000. In awarding such grants, preference shall be given to hospitals that serve a significant number of Medicaid recipients, but do not qualify for disproportionate share hospital adjustment payments under the Illinois Public Aid Code. To receive such a grant, a hospital or health care facility must provide funding of at least 50% of the cost of the project for which the grant is being requested. In awarding such grants the Illinois Emergency Management Agency shall consider the recommendations of the Illinois Hospital Association.

(13) Do all other things necessary, incidental or appropriate for the implementation of this Act.

(g) The Illinois Emergency Management Agency is authorized to make grants to various higher education institutions for safety and security improvements. For the purpose of this subsection (g), "higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State. Grants made under this subsection (g) shall be paid out of moneys appropriated for that purpose from the Build Illinois Bond Fund. The Illinois Emergency Management Agency shall adopt rules to implement this subsection (g). These rules may specify: (i) the manner of applying for grants; (ii) project eligibility requirements; (iii) restrictions on the use of grant moneys; (iv) the manner in which the various higher education institutions must account for the use of grant moneys; and (v) any other provision that the Illinois Emergency Management Agency determines to be necessary or useful for the administration of this subsection (g).

(h) Except as provided in Section 17.5 of this Act, any moneys received by the Agency from donations or sponsorships shall be deposited in the Emergency Planning and Training Fund and used by the Agency, subject to appropriation, to effectuate planning and training activities.

(Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09; 96-1000, eff. 7-2-10.)

(20 ILCS 3305/8) (from Ch. 127, par. 1058)

Sec. 8. Mobile Support Teams.

(a) The Governor or Director may cause to be created Mobile Support Teams to aid and to reinforce the Illinois Emergency Management Agency, and emergency services and disaster agencies in areas stricken by disaster. Each mobile support team shall have a leader, selected by the Director who will be responsible, under the direction and control of the Director, for the organization, administration, and training, and operation of the mobile support team.

(b) Personnel of a mobile support team while on duty pursuant to such a call or while engaged in regularly scheduled training or exercises, whether within or without the State, shall either:

(1) If they are paid employees of the State, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment.

(2) If they are paid employees of a political subdivision or body politic of this State, and whether serving within or without that political subdivision or body politic, have the powers, duties, rights, privileges and immunities, and receive the compensation incidental to their employment.

(3) If they are not employees of the State, political subdivision or body politic, or being such employees, are not normally paid for their services, be entitled to at least one dollar per year compensation from the State.

Personnel of a mobile support team who suffer disease, injury or death arising out of or in the course of emergency duty, shall for the purposes of benefits under the Workers' Compensation Act or Workers' Occupational Diseases Act only, be deemed to be employees of this State. If the person diseased, injured or killed is an employee described in item (3) above, the computation of benefits payable under either of those Acts shall be based on income commensurate with comparable State employees doing the same type of work or income from the person's regular employment, whichever is greater.

All personnel of mobile support teams shall, while on duty under such call, be reimbursed by this State for all actual and necessary travel and subsistence expenses.

(c) The State shall reimburse each political subdivision or body politic from the Disaster Response and Recovery Relief Fund for the compensation paid and the actual and necessary travel, subsistence and maintenance expenses of paid employees of the political subdivision or body politic while serving, outside of its geographical boundaries pursuant to such a call, as members of a mobile support team, and for all payments made for death, disease or injury of those paid employees arising out of and incurred in the course of that duty, and for all losses of or damage to supplies and equipment of the political subdivision or body politic resulting from the operations.

(d) Whenever mobile support teams or units of another state, while the Governor has the emergency powers provided for under Section 7 of this Act, render aid to this State under the orders of the Governor of its home state and upon the request of the Governor of this State, all questions relating to reimbursement by this State to the other state and its citizens in regard to the assistance so rendered shall be determined by the mutual aid agreements or interstate compacts described in subparagraph (5) of paragraph (c) of Section 6 as are existing at the time of the assistance rendered or are entered into thereafter and under Section 303 (d) of the Federal Civil Defense Act of 1950.

(e) No personnel of mobile support teams of this State may be ordered by the Governor to operate in any other state unless a request for the same has been made by the Governor or duly authorized representative of the other state.

(Source: P.A. 92-73, eff. 1-1-02.)

(20 ILCS 3305/9) (from Ch. 127, par. 1059)

Sec. 9. Financing.

(a) It is the intent of the Legislature and declared to be the policy of the State that funds to meet disasters shall always be available.

(b) It is the legislative intent that the first recourse shall be to funds regularly appropriated to State and political subdivision departments and agencies. If the Governor finds that the demands placed upon these funds in coping with a particular disaster are unreasonably great, the Governor may make funds available from the Disaster Response and Recovery Relief Fund. If monies available from the Fund are insufficient, and if the Governor finds that other sources of money to cope with the disaster are not available or are insufficient, the Governor shall request the General Assembly to enact legislation as it may deem necessary to transfer and expend monies appropriated for other purposes or borrow, for a term not to exceed 2 years from the United States government or other public or private source. If the General Assembly is not sitting in regular session to enact such legislation for the transfer, expenditure or loan of such monies, and the President of the Senate and the Speaker of the House certify that the Senate and House are not in session, the Governor is authorized to carry out those decisions, by depositing transfers or loan proceeds into and making expenditures from the Disaster Response and Recovery Relief Fund, until such time as a quorum of the General Assembly can convene in a regular or extraordinary session. The General Assembly shall, to the extent moneys become available, restore moneys used from other sources under this Section.

(c) Nothing contained in this Section shall be construed to limit the Governor's authority to apply for, administer and expend grants, gifts or payments in aid of disaster mitigation, preparedness, response or recovery.

(Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)

Section 20. The Emergency Management Assistance Compact Act is amended by adding Section 10 as follows:

(45 ILCS 151/10 new)

Sec. 10. Reimbursements and expenses. The Illinois Emergency Management Agency as the authorized representative of the State may use the Disaster Response and Recovery Fund to deposit any reimbursements received from a party state and to pay any expenses incurred relating to this Act.

Section 25. The Counties Code is amended by adding Sections 3-7018 and 3-6040 as follows:

(55 ILCS 5/3-6040 new)

Sec. 3-6040. Zero impairment alcohol policy.

(a) Every sheriff's office shall have an alcohol impairment policy for on-duty deputy sheriffs in place. The preferable standard for an alcohol impairment policy for on-duty deputy sheriffs is 0.00% blood alcohol content.

(b) Nothing in this Section shall preclude the sheriff from entering into collective bargaining agreements with additional terms that govern alcohol testing of on-duty deputy sheriffs; however, in no case shall the sheriff adopt an alcohol impairment policy for on-duty deputy sheriffs permitting greater than 0.021% blood alcohol content.

(c) An "on-duty deputy sheriff" is defined as a deputy sheriff reporting for normally scheduled duty.

(d) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires, or is renewed, renegotiated, or superseded.

(55 ILCS 5/3-7018 new)

Sec. 3-7018. Zero impairment alcohol policy.

(a) The Cook County Sheriff's office shall have an alcohol impairment policy for on-duty Cook County deputy sheriffs in place. The preferable standard for an alcohol impairment policy for on-duty Cook County deputy sheriffs is 0.00% blood alcohol content.

(b) Nothing in this Section shall preclude the Cook County Sheriff from entering into collective bargaining agreements with additional terms that govern alcohol testing of on-duty Cook County deputy sheriffs; however, in no case shall the Cook County Sheriff adopt an alcohol impairment policy for on-duty Cook County deputy sheriffs permitting greater than 0.021% blood alcohol content.

(c) An "on-duty Cook County deputy sheriff" shall be defined as a Cook County deputy sheriff reporting for normally scheduled duty.

(d) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires, or is renewed, renegotiated, or superseded.

(e) A home rule unit may not regulate alcohol impairment policies for on-duty Cook County deputy sheriffs in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

Section 30. The Illinois Municipal Code is amended by adding Section 10-3-13 as follows:

(65 ILCS 5/10-3-13 new)

Sec. 10-3-13. Zero impairment alcohol policy.

(a) Every municipal police department shall have an alcohol impairment policy for on-duty policemen in place. The preferable standard for an alcohol impairment policy for on-duty policemen is 0.00% blood alcohol content.

(b) Nothing in this Section shall preclude the chief of police from entering into collective bargaining agreements with additional terms that govern alcohol testing of on-duty policemen; however, in no case shall the chief of police adopt an alcohol impairment policy for on-duty policemen permitting greater than 0.021% blood alcohol content.

(c) An "on-duty policeman" shall be defined as a policeman reporting for normally scheduled duty.

(d) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires, or is renewed, renegotiated, or superseded.

(e) A home rule unit may not regulate alcohol impairment policies for on-duty policemen in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

Section 35. The Illinois Emergency Planning and Community Right to Know Act is amended by changing Section 18 as follows:

(430 ILCS 100/18) (from Ch. 111 1/2, par. 7718)

Sec. 18. Penalties.

(a) Any person who violates any requirement of Section 9, 10, 11, 12, or 14 of this Act shall be liable for a civil penalty in an amount not to exceed $25,000 for each violation. In the case of a second or subsequent violation of Section 10, the civil penalty shall not exceed $75,000 for each day during which the violation continues.

(b) Any person who knowingly fails to provide immediate notification of a release in violation of Section 10 of this Act, shall be guilty of a Class 4 felony, and in addition to any other penalty prescribed by law is subject to a fine not to exceed $25,000 for each day of the violation. In the case of a second or subsequent conviction, the person shall be guilty of a Class 3 felony, and in addition to any other penalty prescribed by law is subject to a fine not to exceed $50,000 for each day of the violation.

(c) All civil penalties and fines collected under this Section shall be deposited in the Emergency Planning and Training Fund, which that is hereby created as a special fund in the State Treasury, and may shall be used by IEMA, pursuant to appropriation, for its activities arising under this Act and the Federal Act, including providing financial support for local emergency planning committees and for training initiatives authorized by IEMA.

(Source: P.A. 86-449; 87-168.)

Section 40. The Illinois Vehicle Code is amended by adding Section 2-116.5 as follows:

(625 ILCS 5/2-116.5 new)

Sec. 2-116.5. Zero impairment alcohol policy.

(a) The Secretary shall have an alcohol impairment policy for on-duty State Department of Police officers in place. The preferable standard for an alcohol impairment policy for on-duty State Department of Police officers is 0.00% blood alcohol content.

(b) Nothing in this Section shall preclude the Secretary from entering into collective bargaining agreements with additional terms that govern alcohol testing of on-duty State Department of Police officers; however, in no case shall the Secretary adopt an alcohol impairment policy for on-duty State Department of Police officers permitting greater than 0.021% blood alcohol content.

(c) An "on-duty State Department of Police officer" shall be defined as a State Department of Police officer reporting for normally scheduled duty.

(d) To the extent this Section conflicts with a collective bargaining agreement in effect on the effective date of this amendatory Act of the 98th General Assembly, the conflicting provision of this Section shall not apply until that collective bargaining agreement expires, or is renewed, renegotiated, or superseded.

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