Full Text of HB2386 97th General Assembly
HB2386ham001 97TH GENERAL ASSEMBLY | Rep. Randy Ramey, Jr. Filed: 4/8/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2386
| 2 | | AMENDMENT NO. ______. Amend House Bill 2386 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Emergency Management Agency Act is | 5 | | amended by changing Sections 4, 13, and 15 as follows:
| 6 | | (20 ILCS 3305/4) (from Ch. 127, par. 1054)
| 7 | | Sec. 4. Definitions. As used in this Act, unless the | 8 | | context
clearly indicates otherwise, the following words and | 9 | | terms have the
meanings ascribed to them in this Section:
| 10 | | "Coordinator" means the staff assistant to the principal
| 11 | | executive officer of a political subdivision with the duty of | 12 | | coordinating
the emergency management programs of that | 13 | | political subdivision.
| 14 | | "Disaster" means an occurrence or threat of widespread or | 15 | | severe
damage, injury or loss of life or property resulting | 16 | | from any natural or
technological cause, including but not |
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| 1 | | limited to fire, flood, earthquake,
wind, storm, hazardous | 2 | | materials spill or other water contamination requiring
| 3 | | emergency
action to avert danger or damage, epidemic, air | 4 | | contamination, blight,
extended periods of severe and | 5 | | inclement weather,
drought, infestation, critical shortages of | 6 | | essential fuels and energy,
explosion, riot, hostile military | 7 | | or
paramilitary action, public health emergencies, or acts of | 8 | | domestic
terrorism , or matters concerning public safety, | 9 | | including but not limited to any harm or potential harm to | 10 | | property or persons .
| 11 | | "Emergency Management" means the efforts of the State and | 12 | | the
political subdivisions to develop, plan, analyze, conduct, | 13 | | provide,
implement and
maintain programs for disaster | 14 | | mitigation, preparedness, response and recovery.
| 15 | | "Emergency Services and Disaster Agency" means the
agency | 16 | | by this name, by the name Emergency Management Agency, or by | 17 | | any other
name that is established
by ordinance within a | 18 | | political subdivision to coordinate the emergency
management | 19 | | program within that political subdivision and with private
| 20 | | organizations, other political subdivisions, the State and | 21 | | federal governments.
| 22 | | "Emergency Operations Plan" means the written plan of the | 23 | | State and
political subdivisions describing the organization, | 24 | | mission, and functions
of the government and supporting | 25 | | services for responding to and recovering
from disasters and | 26 | | shall include plans that take into account the needs of those |
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| 1 | | individuals with household pets and service animals following a | 2 | | major disaster or emergency.
| 3 | | "Emergency Services" means the coordination of functions | 4 | | by the
State and its political subdivision, other than | 5 | | functions for which military
forces
are primarily responsible, | 6 | | as may be necessary or proper to prevent,
minimize, repair, and | 7 | | alleviate injury and damage resulting from
any natural or | 8 | | technological causes. These functions include, without
| 9 | | limitation, fire fighting
services, police services, emergency | 10 | | aviation services, medical and
health services, HazMat and | 11 | | technical rescue teams, rescue,
engineering, warning services, | 12 | | communications, radiological,
chemical and other special | 13 | | weapons defense, evacuation of persons from
stricken or | 14 | | threatened areas, emergency assigned functions of plant | 15 | | protection,
temporary restoration of public utility services | 16 | | and other functions
related to civilian protection, together | 17 | | with all other activities
necessary or incidental to protecting | 18 | | life or property.
| 19 | | "Exercise" means a planned event realistically simulating | 20 | | a disaster,
conducted for the purpose of
evaluating the | 21 | | political subdivision's coordinated emergency management
| 22 | | capabilities, including,
but not limited to, testing the | 23 | | emergency operations plan.
| 24 | | "HazMat team" means a career or volunteer mobile support | 25 | | team that has been authorized by a unit of local government to | 26 | | respond to hazardous materials emergencies and that is |
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| 1 | | primarily designed for emergency response to chemical or | 2 | | biological terrorism, radiological emergencies, hazardous | 3 | | material spills, releases, or fires, or other contamination | 4 | | events.
| 5 | | "Illinois Emergency Management Agency"
means the agency
| 6 | | established by this Act within the executive branch of State | 7 | | Government
responsible for coordination of the overall | 8 | | emergency management program of
the State and with private | 9 | | organizations, political subdivisions, and the
federal | 10 | | government.
Illinois Emergency Management Agency also means | 11 | | the State
Emergency Response Commission responsible for the | 12 | | implementation of Title
III of the Superfund Amendments and | 13 | | Reauthorization Act of 1986.
| 14 | | "Mobile Support Team" means
a group of individuals | 15 | | designated as a team by the Governor or Director to
train prior | 16 | | to and to be
dispatched, if the Governor or the Director so | 17 | | determines, to aid and reinforce
the State and political
| 18 | | subdivision emergency management efforts in response to a | 19 | | disaster.
| 20 | | "Municipality" means any city, village, and incorporated | 21 | | town.
| 22 | | "Political Subdivision" means any county, city, village, | 23 | | or
incorporated town or township if the township is in a county | 24 | | having a
population of more than 2,000,000.
| 25 | | "Principal Executive Officer" means chair
of the county | 26 | | board, supervisor of a township if the township
is in a county |
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| 1 | | having a population of more than 2,000,000, mayor
of a city or | 2 | | incorporated town,
president of a village,
or in their absence | 3 | | or disability, the interim successor as
established under | 4 | | Section 7 of the Emergency Interim
Executive Succession Act.
| 5 | | "Public agencies" means any unit of local government as | 6 | | defined by Section 1 of Article VII of the Illinois | 7 | | Constitution, any school district, any public community | 8 | | college district, any public building commission, the State of | 9 | | Illinois, any agency of the State, the United States, or any | 10 | | other state, any political subdivision of another state, or any | 11 | | combination of the above pursuant to an intergovernmental | 12 | | agreement that includes provisions for a governing body of the | 13 | | agency created by the agreement. | 14 | | "Public health emergency" means an occurrence or imminent | 15 | | threat of an
illness or health condition that:
| 16 | | (a) is believed to be caused by any of the following:
| 17 | | (i) bioterrorism;
| 18 | | (ii) the appearance of a novel or previously | 19 | | controlled or eradicated
infectious agent or
| 20 | | biological toxin;
| 21 | | (iii) a natural disaster;
| 22 | | (iv) a chemical attack or accidental release; or
| 23 | | (v) a nuclear attack or accident; and
| 24 | | (b) poses a high probability of any of the following | 25 | | harms:
| 26 | | (i) a large number of deaths in the affected |
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| 1 | | population;
| 2 | | (ii) a large number of serious or long-term | 3 | | disabilities in the affected
population; or
| 4 | | (iii) widespread exposure to an infectious or | 5 | | toxic agent that poses a
significant risk of | 6 | | substantial future harm to a large number of people in | 7 | | the
affected population.
| 8 | | "Technical rescue team" means a career or volunteer mobile | 9 | | support team that has been authorized by a unit of local | 10 | | government to respond to building collapse, high angle rescue, | 11 | | and other specialized rescue emergencies and that is primarily | 12 | | designated for emergency response to technical rescue events.
| 13 | | (Source: P.A. 93-249, eff. 7-22-03; 94-334, eff. 1-1-06; | 14 | | 94-1081, eff. 6-1-07 .)
| 15 | | (20 ILCS 3305/13) (from Ch. 127, par. 1063)
| 16 | | Sec. 13.
Mutual aid arrangements between political | 17 | | subdivisions and taxing
districts.
| 18 | | (a) The
coordinator of each
emergency services and disaster | 19 | | agency may, in collaboration with other
public agencies within | 20 | | his or her immediate vicinity, develop or cause to
be developed
| 21 | | mutual aid arrangements with other political subdivisions of | 22 | | taxing
districts or public agencies within this State for | 23 | | reciprocal disaster response and recovery
assistance in case a | 24 | | disaster is too great to be dealt with unassisted . The
mutual | 25 | | aid shall
not, however, be effective unless and until approved |
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| 1 | | by each of the political
subdivisions. The arrangements shall | 2 | | be consistent with the
State Emergency Operations Plan and | 3 | | State emergency management program, and in
the event of a | 4 | | disaster as described in Section 4 of this Act, it
shall be the | 5 | | duty of each emergency services and disaster agency to render
| 6 | | assistance in accordance with the provisions of the mutual aid | 7 | | arrangements.
| 8 | | (b) The coordinator of an
emergency services and disaster | 9 | | agency may, subject to the approval
of the Director, assist in | 10 | | the negotiation of mutual aid agreements between
this and other | 11 | | states.
| 12 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 13 | | (20 ILCS 3305/15) (from Ch. 127, par. 1065)
| 14 | | Sec. 15. Immunity. Neither the State,
any political | 15 | | subdivision of the State, any public agency of the State, nor, | 16 | | except in cases
of gross negligence or willful misconduct, the | 17 | | Governor, the Director,
the Principal Executive Officer of a | 18 | | political subdivision, or the agents,
employees, or | 19 | | representatives of any of them,
engaged in any emergency | 20 | | management response or recovery
activities, while complying | 21 | | with or attempting to comply with this Act , including but not | 22 | | limited to acting under a mutual aid agreement pursuant to | 23 | | Section 13 of this Act or another intergovernmental agreement | 24 | | pursuant to the Intergovernmental Cooperation Act or Section 10 | 25 | | of Article VII of the Illinois Constitution, or any rule or |
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| 1 | | regulations promulgated pursuant to this Act is liable
for the | 2 | | death of or any injury to persons, or damage to property, as a
| 3 | | result of such activity. This Section does not, however, apply | 4 | | to
political subdivisions and principal executive officers | 5 | | required to
maintain emergency services and disaster agencies | 6 | | that are not in
compliance with Section 10 of this Act, | 7 | | notwithstanding provisions of any
other laws. This Section does | 8 | | not, however, affect the
right of any person to receive | 9 | | benefits to which he or she would otherwise
be
entitled under | 10 | | this Act under the Workers' Compensation Act or the
Workers' | 11 | | Occupational Diseases Act, or under any pension law, and this
| 12 | | Section does not affect the right of any such person to receive | 13 | | any
benefits or compensation under any Act of Congress.
| 14 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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