Full Text of SB3076 99th General Assembly
SB3076 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3076 Introduced 2/19/2016, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
| 20 ILCS 3305/10 | from Ch. 127, par. 1060 |
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Amends the Illinois Emergency Management Agency Act. Authorizes the board of commissioners in a county having a population of more than 500,000 people to establish police powers within its Office or Department of Homeland Security and Emergency Management and to define and prescribe certain employees hired in that Office or Department with peace officers' duties and compensation. Establishes certain training and other requirements that a person must fulfill before he or she is appointed with police powers. Provides that a person with police powers shall have the power to investigate and mitigate threats of manmade disasters, protect
the county's critical infrastructure, have access to law
enforcement databases, protect the county's emergency assets
and personnel that get deployed upon the request of local law
enforcement agencies in emergency circumstances, protect
county elected officials as requested, and observe and enforce
local, county, and State ordinances and laws.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | agency
consolidation is authorized by the Illinois Emergency | 18 | | Management Agency
with the consent of the respective counties, | 19 | | each county shall maintain
an emergency services and disaster | 20 | | agency
that has jurisdiction over and serves the entire county, | 21 | | except as
otherwise provided under this Act and except that in | 22 | | any county with a
population of over 3,000,000 containing a | 23 | | municipality with a population of
over 500,000 the jurisdiction |
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| 1 | | of the county agency shall not extend to
the municipality when | 2 | | the municipality has
established its own agency.
| 3 | | (c) Each municipality with a population of over 500,000 | 4 | | shall maintain
an emergency services and disaster agency which | 5 | | has jurisdiction over and
serves the entire municipality. A | 6 | | municipality with a population less than
500,000 may establish, | 7 | | by ordinance, an agency or department responsible for
emergency | 8 | | management within the municipality's corporate limits.
| 9 | | (d) The Governor shall determine which municipal | 10 | | corporations, other
than those specified in paragraph (c) of | 11 | | this Section, need
emergency services and disaster agencies of | 12 | | their own and require that
they be established and maintained. | 13 | | The Governor shall make
these determinations on
the basis of | 14 | | the municipality's disaster vulnerability and capability of
| 15 | | response related to population size and concentration. The | 16 | | emergency services
and disaster agency of a county or township, | 17 | | shall not have a jurisdiction
within a political subdivision | 18 | | having its own emergency services and disaster
agency, but | 19 | | shall cooperate with the emergency services and disaster agency
| 20 | | of a city, village or incorporated town within their borders. | 21 | | The
Illinois Emergency Management Agency shall publish and | 22 | | furnish a current
list to the municipalities required to have | 23 | | an emergency services and
disaster agency under this | 24 | | subsection.
| 25 | | (e) Each municipality that is not required to and does not | 26 | | have an
emergency services and disaster agency shall have a |
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| 1 | | liaison officer
designated to facilitate the cooperation and | 2 | | protection of that municipal
corporation with the county | 3 | | emergency services and disaster agency in which
it is located | 4 | | in the work of disaster mitigation, preparedness, response,
and | 5 | | recovery.
| 6 | | (f) The principal executive officer or his or her designee | 7 | | of each
political subdivision in the State shall annually | 8 | | notify the Illinois
Emergency Management Agency of the manner | 9 | | in which the political
subdivision is providing or securing | 10 | | emergency management, identify the
executive head of the agency | 11 | | or the department from which the service is
obtained, or the | 12 | | liaison officer in accordance with paragraph (d) of this
| 13 | | Section and furnish additional information relating thereto as | 14 | | the
Illinois Emergency Management Agency requires.
| 15 | | (g) Each emergency services and disaster agency shall | 16 | | prepare an emergency
operations plan for its geographic | 17 | | boundaries that complies with planning,
review, and approval | 18 | | standards promulgated by the Illinois Emergency
Management | 19 | | Agency. The Illinois Emergency Management Agency shall | 20 | | determine
which jurisdictions will be required to include | 21 | | earthquake preparedness in
their local emergency operations | 22 | | plans.
| 23 | | (h) The emergency services and disaster agency shall | 24 | | prepare and
distribute to all appropriate officials in written | 25 | | form a clear and
complete statement of the emergency | 26 | | responsibilities of all local
departments and officials and of |
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| 1 | | the disaster chain of command.
| 2 | | (i) Each emergency services and disaster agency shall have | 3 | | a Coordinator
who shall be appointed by the principal executive | 4 | | officer of the political
subdivision in the same manner as are | 5 | | the heads of regular governmental
departments. If the political | 6 | | subdivision is a county and the principal
executive officer | 7 | | appoints the sheriff as the Coordinator, the sheriff may,
in | 8 | | addition to his or her regular compensation, receive | 9 | | compensation at the
same level as provided in Section 3 of "An | 10 | | Act in relation to the regulation
of motor vehicle traffic and | 11 | | the promotion of safety on public highways in
counties", | 12 | | approved August 9, 1951, as amended. The Coordinator shall have
| 13 | | direct responsibility for the organization, administration, | 14 | | training, and
operation of the emergency services and disaster | 15 | | agency, subject to the
direction and control of that principal | 16 | | executive officer. Each emergency
services and disaster agency | 17 | | shall coordinate and may perform emergency
management | 18 | | functions within the territorial limits of the political
| 19 | | subdivision within which it is organized as are prescribed in | 20 | | and by
the State Emergency Operations Plan, and programs, | 21 | | orders, rules and
regulations as may be promulgated by the | 22 | | Illinois Emergency Management
Agency and by local ordinance | 23 | | and, in addition, shall conduct such
functions outside of those | 24 | | territorial limits as may be required under
mutual aid | 25 | | agreements and compacts as are entered into under subparagraph
| 26 | | (5) of paragraph (c) of Section 6.
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| 1 | | (j) In carrying out the provisions of this Act, each | 2 | | political
subdivision may enter into contracts and incur | 3 | | obligations necessary to
place it in a position effectively to | 4 | | combat the disasters as are
described in Section 4, to protect | 5 | | the health and safety of persons,
to protect property, and to | 6 | | provide emergency assistance to victims of
those disasters. If | 7 | | a disaster occurs, each political subdivision
may exercise the | 8 | | powers vested under this Section in the light of the
exigencies | 9 | | of the disaster and, excepting mandatory constitutional
| 10 | | requirements, without regard to the procedures and formalities | 11 | | normally
prescribed by law pertaining to the performance of | 12 | | public work, entering
into contracts, the incurring of | 13 | | obligations, the employment of
temporary workers, the rental of | 14 | | equipment, the purchase of supplies and
materials, and the | 15 | | appropriation, expenditure, and disposition of public
funds | 16 | | and property.
| 17 | | (k) Volunteers who, while engaged in a disaster, an | 18 | | exercise, training
related to the emergency operations plan of | 19 | | the political subdivision, or
a search-and-rescue team | 20 | | response to an occurrence or threat of injury or
loss of life | 21 | | that is beyond local response capabilities, suffer disease,
| 22 | | injury or death, shall, for the purposes of benefits under the | 23 | | Workers'
Compensation Act or Workers' Occupational Diseases | 24 | | Act only, be deemed
to be employees of the State, if: (1) the | 25 | | claimant is a duly qualified
and enrolled (sworn in) as a | 26 | | volunteer of the Illinois Emergency Management
Agency or an |
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| 1 | | emergency services and disaster agency accredited by the | 2 | | Illinois
Emergency Management Agency, and (2) if: (i) the | 3 | | claimant was participating
in a disaster as defined in Section | 4 | | 4 of this Act, (ii) the exercise or
training participated in | 5 | | was specifically and expressly approved by the
Illinois | 6 | | Emergency Management Agency prior to the exercise or training, | 7 | | or
(iii) the search-and-rescue team response was to an | 8 | | occurrence or threat of
injury or loss of life that was beyond | 9 | | local response capabilities and was
specifically and expressly | 10 | | approved by the Illinois Emergency Management
Agency prior to | 11 | | the search-and-rescue team response. The computation of
| 12 | | benefits payable under either of those Acts shall be based on | 13 | | the income
commensurate with comparable State employees doing | 14 | | the same type work or
income from the person's regular | 15 | | employment, whichever is greater. | 16 | | Volunteers who are working under the direction of an | 17 | | emergency services and disaster agency accredited by the | 18 | | Illinois Emergency Management Agency, pursuant to a plan | 19 | | approved by the Illinois Emergency Management Agency (i) during | 20 | | a disaster declared by the Governor under Section 7 of this | 21 | | Act, or (ii) in circumstances otherwise expressly approved by | 22 | | the Illinois Emergency Management Agency, shall be deemed | 23 | | exclusively employees of the State for purposes of Section 8(d) | 24 | | of the Court of Claims Act, provided that the Illinois | 25 | | Emergency Management Agency may, in coordination with the | 26 | | emergency services and disaster agency, audit implementation |
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| 1 | | for compliance with the plan.
| 2 | | (l) If any person who is entitled to receive benefits | 3 | | through the
application of this Section receives, in connection | 4 | | with the disease,
injury or death giving rise to such | 5 | | entitlement, benefits under an Act
of Congress or federal | 6 | | program, benefits payable under this
Section shall be reduced | 7 | | to the extent of the benefits received under
that other Act or | 8 | | program.
| 9 | | (m) (1) Prior to conducting an exercise, the principal | 10 | | executive officer of
a political subdivision or his or her | 11 | | designee shall provide area media with
written | 12 | | notification of the exercise. The notification shall | 13 | | indicate that
information relating to the exercise shall | 14 | | not be released to the public until
the commencement of the | 15 | | exercise. The notification shall also contain a request
| 16 | | that the notice be so posted to ensure that all relevant | 17 | | media personnel
are advised of the exercise before it | 18 | | begins.
| 19 | | (2) During the conduct of an exercise, all messages,
| 20 | | two-way radio communications, briefings, status reports, | 21 | | news releases, and
other oral or written communications | 22 | | shall begin and end with the following
statement: "This is | 23 | | an exercise message".
| 24 | | (n) The board of commissioners in a county having a | 25 | | population of more than 500,000 people may establish police | 26 | | powers within its Office or Department of Homeland Security and |
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| 1 | | Emergency Management and may define and prescribe certain | 2 | | employees hired in that Office or Department with peace | 3 | | officers' duties and compensation. Every employee in that | 4 | | Office or Department appointed or hired may be vested with | 5 | | police powers and is hereby authorized to act as a conservator | 6 | | of the peace within that county and shall have the power to | 7 | | investigate and mitigate threats of manmade disasters, protect | 8 | | the county's critical infrastructure, have access to law | 9 | | enforcement databases, protect the county's emergency assets | 10 | | and personnel that get deployed upon the request of local law | 11 | | enforcement agencies in emergency circumstances, protect | 12 | | county elected officials as requested, and observe and enforce | 13 | | local, county, and State ordinances and laws, such as are | 14 | | conferred upon and exercised by the police of organized cities | 15 | | and villages, but such employees with such police powers, when | 16 | | acting within the limits of any municipality. No person | 17 | | employed in such Office or Department of Homeland Security and | 18 | | Emergency Management shall have peace officer status or | 19 | | exercise police powers, unless he or she has successfully | 20 | | completed the basic police training course mandated and | 21 | | approved by the Illinois Law Enforcement Training Standards | 22 | | Board or the Board waives the training requirement by reason of | 23 | | the investigator's prior law enforcement experience or having | 24 | | already completed the basic police training course in | 25 | | compliance with the Board. Before a person is appointed with | 26 | | such police powers, his or her fingerprints shall be taken and |
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| 1 | | transmitted to the Department of State Police. The Department | 2 | | of State Police shall examine its records and submit to the | 3 | | Office or Department of Homeland Security and Emergency | 4 | | Management any conviction information on file with the | 5 | | Department of State Police. No person shall be appointed with | 6 | | such police powers if he or she has been convicted of a felony | 7 | | or any other offenses concerning moral turpitude. | 8 | | The county board may establish any other reasonable | 9 | | eligibility requirements for authorizing employees of the | 10 | | Office or Department of Homeland Security and Emergency | 11 | | Management with such police powers; however, no person may be | 12 | | appointed under this Section unless that person is at least 21 | 13 | | years of age. Employees with police powers under this Section | 14 | | shall be paid a salary and be reimbursed for actual expenses | 15 | | incurred in the course of his or her duties. The county board | 16 | | shall approve the salary and actual expenses and appropriate | 17 | | the salary and expenses in a manner prescribed by law or | 18 | | ordinance. | 19 | | (Source: P.A. 94-733, eff. 4-27-06.)
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