Full Text of HB3035 98th General Assembly
HB3035ham001 98TH GENERAL ASSEMBLY | Rep. Naomi D. Jakobsson Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3035
| 2 | | AMENDMENT NO. ______. Amend House Bill 3035 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Disaster Relief Act is amended by changing | 5 | | Section 3 as follows:
| 6 | | (15 ILCS 30/3) (from Ch. 127, par. 293.3)
| 7 | | Sec. 3.
Whenever funds regularly appropriated to the State | 8 | | and local
governmental bodies for disaster response and | 9 | | recovery are insufficient to
provide services, and when the | 10 | | Governor has declared a disaster by
proclamation in accordance | 11 | | with Section 7 of the Illinois Emergency Management
Agency Act | 12 | | or any successor Act, the Governor
may draw
upon the Disaster | 13 | | Response and Recovery Relief Fund in order to provide services | 14 | | or to
reimburse local governmental bodies furnishing services. | 15 | | The fund
may be used for the payment of emergency employees, | 16 | | for the payment of
the Illinois National Guard when called to |
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| 1 | | active duty,
for disaster-related expenses of State Agencies | 2 | | and
Departments, and for the emergency purchase or renting of
| 3 | | equipment and commodities. The fund shall be used for | 4 | | furnishing
emergency services and relief to the disaster area | 5 | | as a whole and shall
not be used to provide private relief to | 6 | | persons sustaining property
damages or personal injury as a | 7 | | result of a disaster.
| 8 | | (Source: P.A. 87-168.)
| 9 | | Section 10. The Illinois Emergency Management Agency Act is | 10 | | amended by changing Sections 8 and 9 as follows:
| 11 | | (20 ILCS 3305/8) (from Ch. 127, par. 1058)
| 12 | | Sec. 8. Mobile Support Teams.
| 13 | | (a) The Governor or Director may cause to
be created Mobile | 14 | | Support Teams to aid and to reinforce the Illinois Emergency
| 15 | | Management Agency, and emergency services and disaster
| 16 | | agencies in areas stricken by
disaster.
Each mobile
support | 17 | | team shall have a leader, selected by the Director who will be
| 18 | | responsible, under the direction and control of the Director, | 19 | | for the organization,
administration, and training, and | 20 | | operation of the mobile support team.
| 21 | | (b) Personnel of a mobile support team while on duty | 22 | | pursuant to
such a
call or while engaged in regularly scheduled | 23 | | training or exercises, whether
within or without the State, | 24 | | shall either:
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| 1 | | (1) If they are paid employees of the State, have the | 2 | | powers, duties,
rights, privileges and immunities and | 3 | | receive the compensation incidental
to their employment.
| 4 | | (2) If they are paid employees of a political | 5 | | subdivision or body
politic of this State, and whether | 6 | | serving within or without that political
subdivision or | 7 | | body politic, have the powers, duties, rights, privileges
| 8 | | and immunities, and receive the compensation incidental to | 9 | | their
employment.
| 10 | | (3) If they are not employees of the State, political | 11 | | subdivision or
body politic, or being such employees, are | 12 | | not normally paid for their
services, be entitled to at | 13 | | least one dollar per year compensation from the
State.
| 14 | | Personnel of a mobile support team who suffer disease, | 15 | | injury or
death arising out of or in the course of emergency | 16 | | duty, shall
for the purposes
of benefits under the Workers' | 17 | | Compensation Act or Workers' Occupational
Diseases Act only, be | 18 | | deemed to be employees of this State.
If the person diseased, | 19 | | injured or killed is an employee described in
item (3) above, | 20 | | the computation of benefits payable under
either of those Acts | 21 | | shall be based on income commensurate with comparable
State | 22 | | employees doing the same type of work or income from the | 23 | | person's
regular employment, whichever is greater.
| 24 | | All personnel of mobile support teams shall, while on duty | 25 | | under
such call, be reimbursed by this State for all actual and | 26 | | necessary travel
and subsistence expenses.
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| 1 | | (c) The State shall reimburse each political subdivision
or | 2 | | body politic from the Disaster Response and Recovery Relief | 3 | | Fund for the compensation paid and
the actual and necessary
| 4 | | travel, subsistence and maintenance expenses of paid employees | 5 | | of the
political subdivision or body politic while serving,
| 6 | | outside of its geographical boundaries pursuant to such a call, | 7 | | as members of
a mobile support team, and for all payments made | 8 | | for death, disease or injury
of those paid employees arising | 9 | | out of and incurred in the course of that
duty, and for all | 10 | | losses of or damage to supplies and equipment of the political
| 11 | | subdivision or body politic resulting from the
operations.
| 12 | | (d) Whenever mobile support teams or units of another | 13 | | state, while
the Governor has the emergency powers provided for | 14 | | under Section 7 of this
Act, render aid to this State under the | 15 | | orders of the Governor of
its home state and upon the request | 16 | | of the Governor of this State, all
questions relating to | 17 | | reimbursement by this State to the other state and its
citizens | 18 | | in regard to the assistance so rendered shall be determined by | 19 | | the
mutual aid agreements or interstate compacts described in | 20 | | subparagraph (5)
of paragraph (c) of
Section 6 as are existing | 21 | | at the time of the assistance rendered or are
entered into | 22 | | thereafter
and under Section 303 (d) of the Federal Civil | 23 | | Defense
Act of 1950.
| 24 | | (e) No personnel of mobile support teams of this State may | 25 | | be
ordered by the Governor to operate in any other state unless | 26 | | a request for
the same has been made by the Governor or duly |
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| 1 | | authorized representative
of the other state.
| 2 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 3 | | (20 ILCS 3305/9) (from Ch. 127, par. 1059)
| 4 | | Sec. 9. Financing.
| 5 | | (a) It is the intent of the Legislature
and declared to be | 6 | | the policy of the State that funds to meet disasters
shall | 7 | | always be available.
| 8 | | (b) It is the legislative intent that the first recourse | 9 | | shall be to funds
regularly appropriated to State and political | 10 | | subdivision departments and
agencies. If the Governor finds | 11 | | that
the demands placed upon these funds in coping with a | 12 | | particular disaster are
unreasonably great, the Governor may | 13 | | make funds available from the
Disaster Response and Recovery | 14 | | Relief Fund.
If
monies available from the Fund are | 15 | | insufficient, and if the Governor finds
that other sources of | 16 | | money to cope with the disaster are not available or are
| 17 | | insufficient, the Governor
shall request the
General Assembly | 18 | | to enact legislation as it may deem necessary to transfer
and | 19 | | expend monies appropriated for other purposes or
borrow, for a | 20 | | term not to exceed 2 years from the United
States government or | 21 | | other public or private source. If
the General Assembly is
not | 22 | | sitting in regular session to enact
such legislation for the | 23 | | transfer, expenditure or loan of
such monies, and the President | 24 | | of the Senate and the Speaker of the House
certify that the | 25 | | Senate and House are not in session, the Governor is
authorized |
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| 1 | | to carry out those
decisions, by depositing transfers or loan | 2 | | proceeds into and making
expenditures from the Disaster | 3 | | Response and Recovery Relief Fund, until such time as a quorum | 4 | | of
the General Assembly can convene
in a regular or | 5 | | extraordinary session.
The General Assembly shall, to the | 6 | | extent moneys become available, restore
moneys used from other | 7 | | sources under this Section.
| 8 | | (c) Nothing contained in this Section shall be construed to
| 9 | | limit the Governor's authority to apply for, administer and | 10 | | expend grants,
gifts or payments in aid of disaster mitigation, | 11 | | preparedness, response or
recovery.
| 12 | | (Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)
| 13 | | Section 15. The Emergency Management Assistance Compact | 14 | | Act is amended by adding Section 10 as follows: | 15 | | (45 ILCS 151/10 new) | 16 | | Sec. 10. Reimbursements and expenses. The Illinois | 17 | | Emergency Management Agency as the authorized representative | 18 | | of the State may use the Disaster Response and Recovery Fund to | 19 | | deposit any reimbursements received from a party state and to | 20 | | pay any expenses incurred relating to this Act.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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