HB5528 97TH GENERAL ASSEMBLY

LRB097 17545 KMW 62750 b

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.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the First Response Broadcasters Act.

Section 5. Definitions.

"Broadcaster" means a radio broadcasting station, cable operator, or other video service provider or television broadcasting station primarily engaged in, and deriving income from, the business of facilitating speech via over-the-air communications, both as to pure speech and commercial speech.

"First response broadcaster" means a person who has been certified as a first response broadcaster pursuant to Section 15 of this Act.

Section 10. Broadcasters. Broadcasters in this State 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.

Section 15. First response broadcasters; training and certification.

(a) The Illinois Broadcasters Association or its successor organization, the Cable Television and Communications Association of Illinois or its successor organization, any member of the Cable Television and Communications Association of Illinois or its successor organization, and any other provider of emergency broadcasts, including, without limitation, a provider who uses emerging technologies, may establish a program for training and certifying broadcast engineers and technical personnel as first response broadcasters. Each program established pursuant to this subsection must:

(i) be consistent with federal law and guidelines;

(ii) provide training and education concerning restoring, repairing and resupplying any facilities and equipment of a broadcaster in an area affected by an emergency or disaster; and

(iii) provide training and education concerning the personal safety of a first response broadcaster in an area affected by an emergency or disaster.

(b) To the extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, State and local governmental agencies shall allow a first response broadcaster access to an area affected by an emergency or disaster for the purpose of restoring, repairing, or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce, and transmit essential emergency or disaster-related public information programming, including, without limitation, repairing and maintaining transmitters and transporting fuel for generators.

Section 20. Priority for distribution of equipment, supplies, or facilities in area affected by emergency or disaster. To the extent practicable and consistent with not endangering public safety, during an emergency or disaster, a broadcaster or first response broadcaster in an area affected by the emergency or disaster must be given priority for the distribution of fuel, food, water, and any other equipment, supplies, or facilities over all persons other than persons who provide essential emergency services, health care, and utility restoration services.

Section 25. Confiscation of equipment, supplies, or facilities from broadcaster or emergency broadcaster. To the extent practicable and consistent with not endangering public safety, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow the confiscation of vehicles, fuel, food, water, or any other equipment, supplies, or facilities from a broadcaster or first response broadcaster if the broadcaster or first response broadcaster adequately documents that the equipment, supplies, or facilities will be used to enable the broadcast of essential emergency or disaster-related public information programming in an area affected by an emergency or disaster.

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