97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5528

 

Introduced 2/15/2012, by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Create the First Response Broadcasters Act. Defines "broadcaster" and "first response broadcaster". Provides that broadcasters shall, in cooperation with the Illinois Emergency Management Agency and the Illinois Broadcasters Association or its successor organization, develop comprehensive, coordinated plans for preparing for and responding appropriately to an emergency or disaster. Sets forth procedures for training and certification of broadcasters and priorities for distribution and confiscation of equipment, supplies, and facilities. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the First
5Response Broadcasters Act.
 
6    Section 5. Definitions.
7    "Broadcaster" means a radio broadcasting station, cable
8operator, or other video service provider or television
9broadcasting station primarily engaged in, and deriving income
10from, the business of facilitating speech via over-the-air
11communications, both as to pure speech and commercial speech.
12    "First response broadcaster" means a person who has been
13certified as a first response broadcaster pursuant to Section
1415 of this Act.
 
15    Section 10. Broadcasters. Broadcasters in this State
16shall, in cooperation with the Illinois Emergency Management
17Agency and the Illinois Broadcasters Association or its
18successor organization, develop comprehensive, coordinated
19plans for preparing for and responding appropriately to an
20emergency or disaster.
 
21    Section 15. First response broadcasters; training and

 

 

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1certification.
2    (a) The Illinois Broadcasters Association or its successor
3organization, the Cable Television and Communications
4Association of Illinois or its successor organization, any
5member of the Cable Television and Communications Association
6of Illinois or its successor organization, and any other
7provider of emergency broadcasts, including, without
8limitation, a provider who uses emerging technologies, may
9establish a program for training and certifying broadcast
10engineers and technical personnel as first response
11broadcasters. Each program established pursuant to this
12subsection must:
13        (i) be consistent with federal law and guidelines;
14        (ii) provide training and education concerning
15    restoring, repairing and resupplying any facilities and
16    equipment of a broadcaster in an area affected by an
17    emergency or disaster; and
18        (iii) provide training and education concerning the
19    personal safety of a first response broadcaster in an area
20    affected by an emergency or disaster.
21    (b) To the extent practicable and consistent with not
22endangering public safety or inhibiting recovery efforts,
23State and local governmental agencies shall allow a first
24response broadcaster access to an area affected by an emergency
25or disaster for the purpose of restoring, repairing, or
26resupplying any facility or equipment critical to the ability

 

 

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1of a broadcaster to acquire, produce, and transmit essential
2emergency or disaster-related public information programming,
3including, without limitation, repairing and maintaining
4transmitters and transporting fuel for generators.
 
5    Section 20. Priority for distribution of equipment,
6supplies, or facilities in area affected by emergency or
7disaster. To the extent practicable and consistent with not
8endangering public safety, during an emergency or disaster, a
9broadcaster or first response broadcaster in an area affected
10by the emergency or disaster must be given priority for the
11distribution of fuel, food, water, and any other equipment,
12supplies, or facilities over all persons other than persons who
13provide essential emergency services, health care, and utility
14restoration services.
 
15    Section 25. Confiscation of equipment, supplies, or
16facilities from broadcaster or emergency broadcaster. To the
17extent practicable and consistent with not endangering public
18safety, the emergency powers conferred upon the Governor and
19upon the executive heads or governing bodies of the political
20subdivisions of this State must not be construed to allow the
21confiscation of vehicles, fuel, food, water, or any other
22equipment, supplies, or facilities from a broadcaster or first
23response broadcaster if the broadcaster or first response
24broadcaster adequately documents that the equipment, supplies,

 

 

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1or facilities will be used to enable the broadcast of essential
2emergency or disaster-related public information programming
3in an area affected by an emergency or disaster.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.