Full Text of HB2866 98th General Assembly
HB2866 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2866 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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Creates the Interstate Mutual Aid Act. Authorizes political subdivisions of the State to enter into mutual aid agreements with units of government from another state to
provide for the coordination of communications, staging, training, and response to
planned and unplanned events which a local jurisdiction has determined exceed, or are likely to exceed, its emergency response capabilities. Grants immunity from civil actions to persons acting pursuant to a mutual aid agreement. Also contains provisions concerning licenses, certifications, and employee benefits. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning interstate mutual emergency aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Interstate Mutual Emergency Aid Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | (a) "Emergency responder" includes, but is not limited to, | 8 | | emergency medical services
personnel and firefighters, | 9 | | including firefighters trained in the areas of hazardous
| 10 | | materials, specialized rescue, extrication, water rescue, and | 11 | | other specialized areas. | 12 | | (b) "Mutual aid emergency" or "emergency" means an | 13 | | occurrence
or condition resulting in a situation that poses an | 14 | | immediate risk
to health, life, property, or the environment, | 15 | | where the governmental entity having jurisdiction over the | 16 | | situation determines (i) that the
situation exceeds its ability | 17 | | to render appropriate aid and (ii) that it
is in the public's | 18 | | best interest to request mutual aid from an out-of-state entity | 19 | | with whom the governmental entity has a written mutual aid | 20 | | agreement. "Mutual
aid emergency" or "emergency" does not | 21 | | include a situation that
initially rises to the level of | 22 | | disaster or emergency requiring a
state or local declaration of | 23 | | a state of emergency, unless that
declaration occurs after the |
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| 1 | | initial request for mutual aid has been made. | 2 | | Section 10. Mutual aid agreements. In order to more | 3 | | adequately address emergencies that
extend or exceed a | 4 | | jurisdiction's emergency response capabilities,
either without | 5 | | rising to the level of a state or local declaration
of a state | 6 | | of emergency, or in the initial stages of an
event which may | 7 | | later become a declared emergency, a political subdivision of | 8 | | this State, including, but not limited to, a county, city, | 9 | | village, township, or other unit of local government, or any | 10 | | combination thereof, may enter into a mutual aid
agreement with | 11 | | one or more units of government from another state. The mutual | 12 | | aid agreement may
provide for coordination of communications, | 13 | | staging, training, and
response to planned and unplanned events | 14 | | which a local jurisdiction has determined exceed, or are likely | 15 | | to exceed, its emergency response capabilities. When engaged in | 16 | | training, staging, and emergency response in accordance with | 17 | | the mutual aid
agreements, emergency responders from outside of | 18 | | this State are
permitted to provide services within this State | 19 | | in accordance with
this Act and the terms of the mutual aid | 20 | | agreement. This Act does
not prohibit a private entity that | 21 | | employs emergency responders, or its employees, from | 22 | | participating
in the provision of mutual aid, provided that the | 23 | | private entity is a party to a mutual aid agreement with the | 24 | | requesting political subdivision and the agreement permits the | 25 | | participation. |
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| 1 | | Section 15. Licenses, certifications, and permits. An | 2 | | emergency responder from outside this State who holds a | 3 | | license, certificate, or other
permit recognized or issued by | 4 | | another state shall be deemed licensed, certified, and | 5 | | permitted to render mutual aid during a mutual aid emergency | 6 | | within
this State pursuant to a mutual aid agreement authorized | 7 | | by this
Act, if the emergency responder is (i) acting within | 8 | | the scope of his
or her license, certificate, or permit and | 9 | | within the scope of what an
equivalent license, certificate, or | 10 | | permit from or recognized by
this State would authorize and | 11 | | (ii) acting pursuant to a request for mutual aid made pursuant | 12 | | to a mutual aid agreement authorized by this Act. | 13 | | Section 20. Governmental functions; liability; emergency | 14 | | responders. Any function performed by an emergency responder | 15 | | pursuant to a mutual aid agreement authorized by this Act shall | 16 | | be
deemed to have been for public and governmental purposes, | 17 | | and
all immunities from liability enjoyed by this State's | 18 | | political
subdivisions and their officers, agents, and
| 19 | | employees shall extend to the emergency responders from another
| 20 | | state while providing mutual aid during a mutual aid emergency | 21 | | or while engaged in training and
exercises pursuant to a | 22 | | written mutual aid agreement authorized by
this Act. | 23 | | Section 25. Employee benefits. Emergency responders from |
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| 1 | | outside this State, while
rendering mutual aid within this | 2 | | State pursuant to a mutual aid
agreement authorized by this | 3 | | Act, remain employees and agents of
their respective employers | 4 | | and jurisdictions. Nothing in this Act,
or any mutual aid | 5 | | agreement entered into pursuant to this Act,
creates an | 6 | | employment relationship between the jurisdiction
requesting | 7 | | aid and the employees and agents of the jurisdiction
rendering | 8 | | aid. All pension, relief, disability, death benefits,
workers' | 9 | | compensation, and other benefits enjoyed by emergency
| 10 | | responders rendering emergency mutual aid shall extend to the
| 11 | | services they perform outside their respective jurisdictions | 12 | | as if
those services had been rendered in their own | 13 | | jurisdiction. | 14 | | Section 30. Limitations. This Act does not limit, modify, | 15 | | or abridge the
emergency management compact entered into under | 16 | | the Emergency Management Assistance Compact Act.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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