Full Text of SB3076 99th General Assembly
SB3076sam001 99TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 3/30/2016
| | 09900SB3076sam001 | | LRB099 19742 MJP 46667 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3076
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3076 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 Section 10 as follows:
| 6 | | (20 ILCS 3305/10) (from Ch. 127, par. 1060)
| 7 | | Sec. 10. Emergency Services and Disaster Agencies.
| 8 | | (a) Each political subdivision within this State shall be | 9 | | within the
jurisdiction of and served by the Illinois Emergency | 10 | | Management Agency and by
an emergency services and disaster | 11 | | agency responsible for emergency management
programs. A | 12 | | township, if the township is in a county having a population
of | 13 | | more than 2,000,000, must have approval of the county | 14 | | coordinator before
establishment of a township emergency | 15 | | services and disaster agency.
| 16 | | (b) Unless multiple county emergency services and disaster |
| | | 09900SB3076sam001 | - 2 - | LRB099 19742 MJP 46667 a |
|
| 1 | | agency
consolidation is authorized by the Illinois Emergency | 2 | | Management Agency
with the consent of the respective counties, | 3 | | each county shall maintain
an emergency services and disaster | 4 | | agency
that has jurisdiction over and serves the entire county, | 5 | | except as
otherwise provided under this Act and except that in | 6 | | any county with a
population of over 3,000,000 containing a | 7 | | municipality with a population of
over 500,000 the jurisdiction | 8 | | of the county agency shall not extend to
the municipality when | 9 | | the municipality has
established its own agency.
| 10 | | (c) Each municipality with a population of over 500,000 | 11 | | shall maintain
an emergency services and disaster agency which | 12 | | has jurisdiction over and
serves the entire municipality. A | 13 | | municipality with a population less than
500,000 may establish, | 14 | | by ordinance, an agency or department responsible for
emergency | 15 | | management within the municipality's corporate limits.
| 16 | | (d) The Governor shall determine which municipal | 17 | | corporations, other
than those specified in paragraph (c) of | 18 | | this Section, need
emergency services and disaster agencies of | 19 | | their own and require that
they be established and maintained. | 20 | | The Governor shall make
these determinations on
the basis of | 21 | | the municipality's disaster vulnerability and capability of
| 22 | | response related to population size and concentration. The | 23 | | emergency services
and disaster agency of a county or township, | 24 | | shall not have a jurisdiction
within a political subdivision | 25 | | having its own emergency services and disaster
agency, but | 26 | | shall cooperate with the emergency services and disaster agency
|
| | | 09900SB3076sam001 | - 3 - | LRB099 19742 MJP 46667 a |
|
| 1 | | of a city, village or incorporated town within their borders. | 2 | | The
Illinois Emergency Management Agency shall publish and | 3 | | furnish a current
list to the municipalities required to have | 4 | | an emergency services and
disaster agency under this | 5 | | subsection.
| 6 | | (e) Each municipality that is not required to and does not | 7 | | have an
emergency services and disaster agency shall have a | 8 | | liaison officer
designated to facilitate the cooperation and | 9 | | protection of that municipal
corporation with the county | 10 | | emergency services and disaster agency in which
it is located | 11 | | in the work of disaster mitigation, preparedness, response,
and | 12 | | recovery.
| 13 | | (f) The principal executive officer or his or her designee | 14 | | of each
political subdivision in the State shall annually | 15 | | notify the Illinois
Emergency Management Agency of the manner | 16 | | in which the political
subdivision is providing or securing | 17 | | emergency management, identify the
executive head of the agency | 18 | | or the department from which the service is
obtained, or the | 19 | | liaison officer in accordance with paragraph (d) of this
| 20 | | Section and furnish additional information relating thereto as | 21 | | the
Illinois Emergency Management Agency requires.
| 22 | | (g) Each emergency services and disaster agency shall | 23 | | prepare an emergency
operations plan for its geographic | 24 | | boundaries that complies with planning,
review, and approval | 25 | | standards promulgated by the Illinois Emergency
Management | 26 | | Agency. The Illinois Emergency Management Agency shall |
| | | 09900SB3076sam001 | - 4 - | LRB099 19742 MJP 46667 a |
|
| 1 | | determine
which jurisdictions will be required to include | 2 | | earthquake preparedness in
their local emergency operations | 3 | | plans.
| 4 | | (h) The emergency services and disaster agency shall | 5 | | prepare and
distribute to all appropriate officials in written | 6 | | form a clear and
complete statement of the emergency | 7 | | responsibilities of all local
departments and officials and of | 8 | | the disaster chain of command.
| 9 | | (i) Each emergency services and disaster agency shall have | 10 | | a Coordinator
who shall be appointed by the principal executive | 11 | | officer of the political
subdivision in the same manner as are | 12 | | the heads of regular governmental
departments. If the political | 13 | | subdivision is a county and the principal
executive officer | 14 | | appoints the sheriff as the Coordinator, the sheriff may,
in | 15 | | addition to his or her regular compensation, receive | 16 | | compensation at the
same level as provided in Section 3 of "An | 17 | | Act in relation to the regulation
of motor vehicle traffic and | 18 | | the promotion of safety on public highways in
counties", | 19 | | approved August 9, 1951, as amended. The Coordinator shall have
| 20 | | direct responsibility for the organization, administration, | 21 | | training, and
operation of the emergency services and disaster | 22 | | agency, subject to the
direction and control of that principal | 23 | | executive officer. Each emergency
services and disaster agency | 24 | | shall coordinate and may perform emergency
management | 25 | | functions within the territorial limits of the political
| 26 | | subdivision within which it is organized as are prescribed in |
| | | 09900SB3076sam001 | - 5 - | LRB099 19742 MJP 46667 a |
|
| 1 | | and by
the State Emergency Operations Plan, and programs, | 2 | | orders, rules and
regulations as may be promulgated by the | 3 | | Illinois Emergency Management
Agency and by local ordinance | 4 | | and, in addition, shall conduct such
functions outside of those | 5 | | territorial limits as may be required under
mutual aid | 6 | | agreements and compacts as are entered into under subparagraph
| 7 | | (5) of paragraph (c) of Section 6.
| 8 | | (j) In carrying out the provisions of this Act, each | 9 | | political
subdivision may enter into contracts and incur | 10 | | obligations necessary to
place it in a position effectively to | 11 | | combat the disasters as are
described in Section 4, to protect | 12 | | the health and safety of persons,
to protect property, and to | 13 | | provide emergency assistance to victims of
those disasters. If | 14 | | a disaster occurs, each political subdivision
may exercise the | 15 | | powers vested under this Section in the light of the
exigencies | 16 | | of the disaster and, excepting mandatory constitutional
| 17 | | requirements, without regard to the procedures and formalities | 18 | | normally
prescribed by law pertaining to the performance of | 19 | | public work, entering
into contracts, the incurring of | 20 | | obligations, the employment of
temporary workers, the rental of | 21 | | equipment, the purchase of supplies and
materials, and the | 22 | | appropriation, expenditure, and disposition of public
funds | 23 | | and property.
| 24 | | (k) Volunteers who, while engaged in a disaster, an | 25 | | exercise, training
related to the emergency operations plan of | 26 | | the political subdivision, or
a search-and-rescue team |
| | | 09900SB3076sam001 | - 6 - | LRB099 19742 MJP 46667 a |
|
| 1 | | response to an occurrence or threat of injury or
loss of life | 2 | | that is beyond local response capabilities, suffer disease,
| 3 | | injury or death, shall, for the purposes of benefits under the | 4 | | Workers'
Compensation Act or Workers' Occupational Diseases | 5 | | Act only, be deemed
to be employees of the State, if: (1) the | 6 | | claimant is a duly qualified
and enrolled (sworn in) as a | 7 | | volunteer of the Illinois Emergency Management
Agency or an | 8 | | emergency services and disaster agency accredited by the | 9 | | Illinois
Emergency Management Agency, and (2) if: (i) the | 10 | | claimant was participating
in a disaster as defined in Section | 11 | | 4 of this Act, (ii) the exercise or
training participated in | 12 | | was specifically and expressly approved by the
Illinois | 13 | | Emergency Management Agency prior to the exercise or training, | 14 | | or
(iii) the search-and-rescue team response was to an | 15 | | occurrence or threat of
injury or loss of life that was beyond | 16 | | local response capabilities and was
specifically and expressly | 17 | | approved by the Illinois Emergency Management
Agency prior to | 18 | | the search-and-rescue team response. The computation of
| 19 | | benefits payable under either of those Acts shall be based on | 20 | | the income
commensurate with comparable State employees doing | 21 | | the same type work or
income from the person's regular | 22 | | employment, whichever is greater. | 23 | | Volunteers who are working under the direction of an | 24 | | emergency services and disaster agency accredited by the | 25 | | Illinois Emergency Management Agency, pursuant to a plan | 26 | | approved by the Illinois Emergency Management Agency (i) during |
| | | 09900SB3076sam001 | - 7 - | LRB099 19742 MJP 46667 a |
|
| 1 | | a disaster declared by the Governor under Section 7 of this | 2 | | Act, or (ii) in circumstances otherwise expressly approved by | 3 | | the Illinois Emergency Management Agency, shall be deemed | 4 | | exclusively employees of the State for purposes of Section 8(d) | 5 | | of the Court of Claims Act, provided that the Illinois | 6 | | Emergency Management Agency may, in coordination with the | 7 | | emergency services and disaster agency, audit implementation | 8 | | for compliance with the plan.
| 9 | | (l) If any person who is entitled to receive benefits | 10 | | through the
application of this Section receives, in connection | 11 | | with the disease,
injury or death giving rise to such | 12 | | entitlement, benefits under an Act
of Congress or federal | 13 | | program, benefits payable under this
Section shall be reduced | 14 | | to the extent of the benefits received under
that other Act or | 15 | | program.
| 16 | | (m) (1) Prior to conducting an exercise, the principal | 17 | | executive officer of
a political subdivision or his or her | 18 | | designee shall provide area media with
written | 19 | | notification of the exercise. The notification shall | 20 | | indicate that
information relating to the exercise shall | 21 | | not be released to the public until
the commencement of the | 22 | | exercise. The notification shall also contain a request
| 23 | | that the notice be so posted to ensure that all relevant | 24 | | media personnel
are advised of the exercise before it | 25 | | begins.
| 26 | | (2) During the conduct of an exercise, all messages,
|
| | | 09900SB3076sam001 | - 8 - | LRB099 19742 MJP 46667 a |
|
| 1 | | two-way radio communications, briefings, status reports, | 2 | | news releases, and
other oral or written communications | 3 | | shall begin and end with the following
statement: "This is | 4 | | an exercise message".
| 5 | | (n) The board of commissioners in a county having a | 6 | | population of more than 1,000,000 people may establish police | 7 | | powers within its Office or Department of Homeland Security and | 8 | | Emergency Management and may define and prescribe certain | 9 | | employees hired in that Office or Department with peace | 10 | | officers' duties and compensation. Every employee in that | 11 | | Office or Department appointed or hired may be vested with | 12 | | police powers and is hereby authorized to act as a conservator | 13 | | of the peace within that county and shall have the power to: | 14 | | investigate and mitigate threats of manmade disasters; protect | 15 | | the county's critical infrastructure; have access to law | 16 | | enforcement databases; protect the county's emergency assets | 17 | | and personnel that get deployed upon the request of local law | 18 | | enforcement agencies in emergency circumstances; protect | 19 | | county elected officials as requested; and observe and enforce | 20 | | local, county, and State ordinances and laws, such as are | 21 | | conferred upon and exercised by the police of organized cities | 22 | | and villages. Those sworn employees of the Office or Department | 23 | | of Homeland Security and Emergency Management shall not | 24 | | initiate independent investigations without working in concert | 25 | | with the local law enforcement agency of that community. No | 26 | | person employed in such Office or Department of Homeland |
| | | 09900SB3076sam001 | - 9 - | LRB099 19742 MJP 46667 a |
|
| 1 | | Security and Emergency Management shall have peace officer | 2 | | status or exercise police powers, unless he or she has | 3 | | successfully completed the basic police training course | 4 | | mandated and approved by the Illinois Law Enforcement Training | 5 | | Standards Board or the Board waives the training requirement by | 6 | | reason of the investigator's prior law enforcement experience | 7 | | or having already completed the basic police training course in | 8 | | compliance with the Board. Before a person is appointed with | 9 | | such police powers, his or her fingerprints shall be taken and | 10 | | transmitted to the Department of State Police. The Department | 11 | | of State Police shall examine its records and submit to the | 12 | | Office or Department of Homeland Security and Emergency | 13 | | Management any conviction information on file with the | 14 | | Department of State Police. No person shall be appointed with | 15 | | such police powers if he or she has been convicted of a felony | 16 | | or any other offenses concerning moral turpitude. | 17 | | The county board may establish any other reasonable | 18 | | eligibility requirements for authorizing employees of the | 19 | | Office or Department of Homeland Security and Emergency | 20 | | Management with such police powers; however, no person may be | 21 | | appointed under this Section unless that person is at least 21 | 22 | | years of age. Employees with police powers under this Section | 23 | | shall be paid a salary and be reimbursed for actual expenses | 24 | | incurred in the course of his or her duties. The county board | 25 | | shall approve the salary and actual expenses and appropriate | 26 | | the salary and expenses in a manner prescribed by law or |
| | | 09900SB3076sam001 | - 10 - | LRB099 19742 MJP 46667 a |
|
| 1 | | ordinance. | 2 | | (Source: P.A. 94-733, eff. 4-27-06.)".
|
|