Full Text of HB0702 94th General Assembly
HB0702 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0702
Introduced 02/01/05, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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20 ILCS 3305/4 |
from Ch. 127, par. 1054 |
20 ILCS 3305/5 |
from Ch. 127, par. 1055 |
20 ILCS 3305/10 |
from Ch. 127, par. 1060 |
20 ILCS 3305/17 |
from Ch. 127, par. 1067 |
55 ILCS 5/5-1127 new |
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745 ILCS 10/1-206 |
from Ch. 85, par. 1-206 |
745 ILCS 10/Art. V heading |
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745 ILCS 10/5-101 |
from Ch. 85, par. 5-101 |
745 ILCS 10/5-102 |
from Ch. 85, par. 5-102 |
745 ILCS 10/5-103 |
from Ch. 85, par. 5-103 |
745 ILCS 10/5-104 |
from Ch. 85, par. 5-104 |
745 ILCS 10/5-106 |
from Ch. 85, par. 5-106 |
625 ILCS 5/1-105 |
from Ch. 95 1/2, par. 1-105 |
625 ILCS 5/6-500 |
from Ch. 95 1/2, par. 6-500 |
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Amends the Illinois Emergency Management Act. Provides that "emergency services" under the Act include services provided by a volunteer HazMat response team. Defines "volunteer HazMat response team". Requires the Agency, in consultation with the State Fire Marshal, to coordinate and establish standards and qualifications for the specialized training of members of volunteer HazMat response teams. Provides that volunteer HazMat response team members are eligible for certain State benefits if injured or killed under certain circumstances. Provides that when
the Governor of the State, or the principal executive officer of a
political subdivision of the State, accepts funds by way of gift or grant for purposes of emergency management, a portion of the funds should go to counties for the formation and operation of volunteer HazMat response teams. Amends the Counties Code. Allows county boards to authorize volunteer HazMat response teams. Provides that a county board may make reasonable appropriations from the county treasury to fund and encourage the formation and operation of a volunteer Hazmat response team. Requires a volunteer HazMat response team to be exempt under Section 501(c)(3) of the Internal Revenue Code. Amends the Local Government and Governmental Employees Tort Immunity Act. Makes changes to provide volunteer HazMat response teams and their members the same tort immunities that are granted to fire fighters. Amends the Illinois Vehicle Code. Provides that the vehicles of a volunteer HazMat response team are authorized emergency vehicles and are not commercial vehicles for purposes of the Uniform Commercial Driver's License Act.
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A BILL FOR
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HB0702 |
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LRB094 06118 RSP 36182 b |
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| AN ACT concerning hazardous materials.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 10. The Illinois Emergency Management Act is | 5 |
| amended by changing Sections 4, 5, 10, and 17 as follows:
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| (20 ILCS 3305/4) (from Ch. 127, par. 1054)
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| Sec. 4. Definitions. As used in this Act, unless the | 8 |
| context
clearly indicates otherwise, the following words and | 9 |
| terms have the
meanings ascribed to them in this Section:
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| "Coordinator" means the staff assistant to the principal
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| executive officer of a political subdivision with the duty of | 12 |
| coordinating
the emergency management programs of that | 13 |
| political subdivision.
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| "Disaster" means an occurrence or threat of widespread or | 15 |
| severe
damage, injury or loss of life or property resulting | 16 |
| from any natural or
technological cause, including but not | 17 |
| limited to fire, flood, earthquake,
wind, storm, hazardous | 18 |
| materials spill or other water contamination requiring
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| emergency
action to avert danger or damage, epidemic, air | 20 |
| contamination, blight,
extended periods of severe and | 21 |
| inclement weather,
drought, infestation, critical shortages of | 22 |
| essential fuels and energy,
explosion, riot, hostile military | 23 |
| or
paramilitary action, public health emergencies, or acts of | 24 |
| domestic
terrorism.
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| "Emergency Management" means the efforts of the State and | 26 |
| the
political subdivisions to develop, plan, analyze, conduct, | 27 |
| provide,
implement and
maintain programs for disaster | 28 |
| mitigation, preparedness, response and recovery.
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| "Emergency Services and Disaster Agency" means the
agency | 30 |
| by this name, by the name Emergency Management Agency, or by | 31 |
| any other
name that is established
by ordinance within a | 32 |
| political subdivision to coordinate the emergency
management |
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| program within that political subdivision and with private
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| organizations, other political subdivisions, the State and | 3 |
| federal governments.
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| "Emergency Operations Plan" means the written plan of the | 5 |
| State and
political subdivisions describing the organization, | 6 |
| mission, and functions
of the government and supporting | 7 |
| services for responding to and recovering
from disasters.
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| "Emergency Services" means the coordination of functions | 9 |
| by the
State and its political subdivision, other than | 10 |
| functions for which military
forces
are primarily responsible, | 11 |
| as may be necessary or proper to prevent,
minimize, repair, and | 12 |
| alleviate injury and damage resulting from
any natural or | 13 |
| technological causes. These functions include, without
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| limitation, fire fighting
services, police services, emergency | 15 |
| aviation services, medical and
health services, volunteer | 16 |
| HazMat response team services, rescue,
engineering, warning | 17 |
| services, communications, radiological,
chemical and other | 18 |
| special weapons defense, evacuation of persons from
stricken or | 19 |
| threatened areas, emergency assigned functions of plant | 20 |
| protection,
temporary restoration of public utility services | 21 |
| and other functions
related to civilian protection, together | 22 |
| with all other activities
necessary or incidental to protecting | 23 |
| life or property.
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| "Exercise" means a planned event realistically simulating | 25 |
| a disaster,
conducted for the purpose of
evaluating the | 26 |
| political subdivision's coordinated emergency management
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| capabilities, including,
but not limited to, testing the | 28 |
| emergency operations plan.
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| "Volunteer HazMat response team" means a volunteer mobile | 30 |
| support team that has been authorized by a county board under | 31 |
| Section 5-1127 of the Counties Code to respond to HazMat | 32 |
| emergencies in that county and that is primarily designed for | 33 |
| emergency response to chemical or biological terrorism, | 34 |
| radiological emergencies, hazardous material spills, releases, | 35 |
| or fires, or other contamination events.
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| "Illinois Emergency Management Agency"
means the agency
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| established by this Act within the executive branch of State | 2 |
| Government
responsible for coordination of the overall | 3 |
| emergency management program of
the State and with private | 4 |
| organizations, political subdivisions, and the
federal | 5 |
| government.
Illinois Emergency Management Agency also means | 6 |
| the State
Emergency Response Commission responsible for the | 7 |
| implementation of Title
III of the Superfund Amendments and | 8 |
| Reauthorization Act of 1986.
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| "Mobile Support Team" means
a group of individuals | 10 |
| designated as a team by the Governor or Director to
train prior | 11 |
| to and to be
dispatched, if the Governor or the Director so | 12 |
| determines, to aid and reinforce
the State and political
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| subdivision emergency management efforts in response to a | 14 |
| disaster.
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| "Municipality" means any city, village, and incorporated | 16 |
| town.
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| "Political Subdivision" means any county, city, village, | 18 |
| or
incorporated town or township if the township is in a county | 19 |
| having a
population of more than 2,000,000.
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| "Principal Executive Officer" means chair
of the county | 21 |
| board, supervisor of a township if the township
is in a county | 22 |
| having a population of more than 2,000,000, mayor
of a city or | 23 |
| incorporated town,
president of a village,
or in their absence | 24 |
| or disability, the interim successor as
established under | 25 |
| Section 7 of the Emergency Interim
Executive Succession Act.
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| "Public health emergency" means an occurrence or imminent | 27 |
| threat of an
illness or health condition that:
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| (a) is believed to be caused by any of the following:
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| (i) bioterrorism;
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| (ii) the appearance of a novel or previously | 31 |
| controlled or eradicated
infectious agent or
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| biological toxin;
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| (iii) a natural disaster;
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| (iv) a chemical attack or accidental release; or
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| (v) a nuclear attack or accident; and
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| (b) poses a high probability of any of the following |
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| harms:
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| (i) a large number of deaths in the affected | 3 |
| population;
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| (ii) a large number of serious or long-term | 5 |
| disabilities in the affected
population; or
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| (iii) widespread exposure to an infectious or | 7 |
| toxic agent that poses a
significant risk of | 8 |
| substantial future harm to a large number of people in | 9 |
| the
affected population.
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| (Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)
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| (20 ILCS 3305/5) (from Ch. 127, par. 1055)
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| Sec. 5. Illinois Emergency Management Agency.
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| (a) There is created within the executive branch of the | 14 |
| State Government an
Illinois Emergency Management Agency and a | 15 |
| Director of the Illinois Emergency
Management Agency, herein | 16 |
| called the "Director" who shall be the head thereof.
The | 17 |
| Director shall be appointed by the Governor, with the advice | 18 |
| and consent of
the Senate, and shall serve for a term of 2 | 19 |
| years beginning on the third Monday
in January of the | 20 |
| odd-numbered year, and until a successor is appointed and
has | 21 |
| qualified; except that the term of the first Director appointed | 22 |
| under this
Act shall expire on the third Monday in January, | 23 |
| 1989. The Director shall not
hold any other remunerative public | 24 |
| office. The Director shall receive an annual
salary as set by | 25 |
| the Governor from time to time or the amount set by the
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| Compensation Review Board, whichever is higher. If set by the | 27 |
| Governor, the
Director's annual salary may not exceed 85% of | 28 |
| the Governor's annual salary.
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| (b) The Illinois Emergency Management Agency shall obtain, | 30 |
| under the
provisions of the Personnel Code, technical, | 31 |
| clerical, stenographic and other
administrative personnel, and | 32 |
| may make expenditures within the appropriation
therefor as may | 33 |
| be necessary to carry out the purpose of this Act. The agency
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| created by this Act is intended to be a successor to the agency | 35 |
| created under
the Illinois Emergency Services and Disaster |
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| Agency Act of 1975 and the
personnel, equipment, records, and | 2 |
| appropriations of that agency are
transferred to the successor | 3 |
| agency as of the effective date of this Act.
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| (c) The Director, subject to the direction and control of | 5 |
| the Governor,
shall be the executive head of the Illinois | 6 |
| Emergency Management Agency and
the State Emergency Response | 7 |
| Commission and shall be responsible under the
direction of the | 8 |
| Governor, for carrying out the program for emergency
management | 9 |
| of this State. The Director shall also maintain liaison
and | 10 |
| cooperate with
the emergency management organizations of this | 11 |
| State and other states and of
the federal government.
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| (d) The Illinois Emergency Management Agency shall take an | 13 |
| integral part in
the development and revision of political | 14 |
| subdivision emergency operations
plans prepared under | 15 |
| paragraph (f) of Section 10. To this end it shall employ
or | 16 |
| otherwise secure the services of professional and technical | 17 |
| personnel
capable of providing expert assistance to the | 18 |
| emergency services and disaster
agencies. These personnel | 19 |
| shall consult with emergency services and disaster
agencies on | 20 |
| a regular basis and shall make field examinations of the areas,
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| circumstances, and conditions that particular political | 22 |
| subdivision emergency
operations plans are intended to apply.
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| (e) The Illinois Emergency Management Agency and political | 24 |
| subdivisions
shall be encouraged to form an emergency | 25 |
| management advisory committee composed
of private and public | 26 |
| personnel representing the emergency management phases of
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| mitigation, preparedness, response, and recovery.
The Local | 28 |
| Emergency Planning Committee, as created under the Illinois
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| Emergency
Planning and Community Right to Know Act, shall serve | 30 |
| as
an advisory
committee to the emergency services and disaster | 31 |
| agency or agencies serving
within the boundaries
of that Local | 32 |
| Emergency Planning Committee planning district for:
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| (1) the development of emergency operations plan | 34 |
| provisions for hazardous
chemical
emergencies; and
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| (2) the assessment of emergency response capabilities | 36 |
| related to hazardous
chemical
emergencies.
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| (f) The Illinois Emergency Management Agency shall:
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| (1) Coordinate the overall emergency management | 3 |
| program of the State.
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| (2) Cooperate with local governments, the federal | 5 |
| government and any
public or private agency or entity in | 6 |
| achieving any purpose of this Act and
in implementing | 7 |
| emergency management programs for mitigation, | 8 |
| preparedness,
response, and recovery.
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| (2.5) Cooperate with the Department of Nuclear Safety | 10 |
| in development of
the comprehensive emergency preparedness | 11 |
| and response plan for any nuclear
accident in accordance | 12 |
| with Section 2005-65 of the Department of Nuclear Safety
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| Law of the Civil Administrative Code of Illinois and in | 14 |
| development of the
Illinois
Nuclear Safety Preparedness | 15 |
| program in accordance with Section 8 of the
Illinois | 16 |
| Nuclear Safety Preparedness Act.
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| (2.6) Coordinate with the Department of Public Health
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| with respect to planning for and responding to public | 19 |
| health emergencies.
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| (3) Prepare, for issuance by the Governor, executive | 21 |
| orders,
proclamations, and regulations as necessary or | 22 |
| appropriate in coping with
disasters.
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| (4) Promulgate rules and requirements for political | 24 |
| subdivision
emergency operations plans that are not | 25 |
| inconsistent with and are at least
as stringent as | 26 |
| applicable federal laws and regulations.
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| (5) Review and approve, in accordance with Illinois | 28 |
| Emergency Management
Agency rules, emergency operations
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| plans for those political subdivisions required to have an | 30 |
| emergency services
and disaster agency pursuant to this | 31 |
| Act.
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| (5.5) Promulgate rules and requirements for the | 33 |
| political subdivision
emergency management
exercises, | 34 |
| including, but not limited to, exercises of the emergency | 35 |
| operations
plans.
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| (5.10) Review, evaluate, and approve, in accordance |
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HB0702 |
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| with Illinois
Emergency
Management
Agency rules, political | 2 |
| subdivision emergency management exercises for those
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| political subdivisions
required to have an emergency | 4 |
| services and disaster agency pursuant to this
Act.
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| (6) Determine requirements of the State and its | 6 |
| political
subdivisions
for food, clothing, and other | 7 |
| necessities in event of a disaster.
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| (7) Establish a register of persons with types of | 9 |
| emergency
management
training and skills in mitigation, | 10 |
| preparedness, response, and recovery.
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| (7.5) In consultation with the State Fire Marshal, | 12 |
| coordinate and establish, by rule, standards, | 13 |
| qualifications, and certification procedures for members | 14 |
| of volunteer HazMat response teams.
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| (8) Establish a register of government and private | 16 |
| response
resources
available for use in a disaster.
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| (9) Expand the Earthquake Awareness Program and its | 18 |
| efforts to
distribute earthquake preparedness materials to | 19 |
| schools, political
subdivisions, community groups, civic | 20 |
| organizations, and the media.
Emphasis will be placed on | 21 |
| those areas of the State most at risk from an
earthquake. | 22 |
| Maintain the list of all school districts, hospitals,
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| airports, power plants, including nuclear power plants, | 24 |
| lakes, dams,
emergency response facilities of all types, | 25 |
| and all other major public or
private structures which are | 26 |
| at the greatest risk of damage from
earthquakes under | 27 |
| circumstances where the damage would cause subsequent
harm | 28 |
| to the surrounding communities and residents.
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| (10) Disseminate all information, completely and | 30 |
| without
delay, on water
levels for rivers and streams and | 31 |
| any other data pertaining to potential
flooding supplied by | 32 |
| the Division of Water Resources within the Department of
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| Natural Resources to all political subdivisions to the | 34 |
| maximum extent possible.
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| (11) Develop agreements, if feasible, with medical | 36 |
| supply and
equipment
firms to
supply resources as are |
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| necessary to respond to an earthquake or any other
disaster | 2 |
| as defined in this Act. These resources will be made | 3 |
| available
upon notifying the vendor of the disaster. | 4 |
| Payment for the resources will
be in accordance with | 5 |
| Section 7 of this Act. The Illinois Department of
Public | 6 |
| Health shall determine which resources will be required and | 7 |
| requested.
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| (11.5) In coordination with the Department of State | 9 |
| Police, develop and
implement a community outreach program | 10 |
| to promote awareness among the State's
parents and children | 11 |
| of child abduction prevention and response.
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| (12) Out of funds appropriated for these purposes, | 13 |
| award capital and
non-capital grants to Illinois hospitals | 14 |
| or health care facilities located
outside of a city with a | 15 |
| population in excess of 1,000,000 to be used for
purposes | 16 |
| that include, but are not limited to, preparing to respond | 17 |
| to mass
casualties and disasters, maintaining and | 18 |
| improving patient safety and
quality of care, and | 19 |
| protecting the confidentiality of patient information.
No | 20 |
| single grant for a capital expenditure shall exceed | 21 |
| $300,000.
No single grant for a non-capital expenditure | 22 |
| shall exceed $100,000.
In awarding such grants, preference | 23 |
| shall be given to hospitals that serve
a significant number | 24 |
| of Medicaid recipients, but do not qualify for
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| disproportionate share hospital adjustment payments under | 26 |
| the Illinois Public
Aid Code. To receive such a grant, a | 27 |
| hospital or health care facility must
provide funding of at | 28 |
| least 50% of the cost of the project for which the grant
is | 29 |
| being requested.
In awarding such grants the Illinois | 30 |
| Emergency Management Agency shall consider
the | 31 |
| recommendations of the Illinois Hospital Association.
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| (13) Do all other things necessary, incidental or | 33 |
| appropriate
for the implementation of this Act.
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| (Source: P.A. 92-73, eff. 1-1-02; 92-597, eff.
6-28-02; 93-249, | 35 |
| eff. 7-22-03; 93-310, eff. 7-23-03; revised 9-11-03.)
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| (20 ILCS 3305/10) (from Ch. 127, par. 1060)
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| Sec. 10. Emergency Services and Disaster Agencies.
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| (a) Each political subdivision within this State shall be | 4 |
| within the
jurisdiction of and served by the Illinois Emergency | 5 |
| Management Agency and by
an emergency services and disaster | 6 |
| agency responsible for emergency management
programs. A | 7 |
| township, if the township is in a county having a population
of | 8 |
| more than 2,000,000, must have approval of the county | 9 |
| coordinator before
establishment of a township emergency | 10 |
| services and disaster agency.
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| (b) Unless multiple county emergency services and disaster | 12 |
| agency
consolidation is authorized by the Illinois Emergency | 13 |
| Management Agency
with the consent of the respective counties, | 14 |
| each county shall maintain
an emergency services and disaster | 15 |
| agency
that has jurisdiction over and serves the entire county, | 16 |
| except as
otherwise provided under this Act and except that in | 17 |
| any county with a
population of over 3,000,000 containing a | 18 |
| municipality with a population of
over 500,000 the jurisdiction | 19 |
| of the county agency shall not extend to
the municipality when | 20 |
| the municipality has
established its own agency.
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| (c) Each municipality with a population of over 500,000 | 22 |
| shall maintain
an emergency services and disaster agency which | 23 |
| has jurisdiction over and
serves the entire municipality. A | 24 |
| municipality with a population less than
500,000 may establish, | 25 |
| by ordinance, an agency or department responsible for
emergency | 26 |
| management within the municipality's corporate limits.
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| (d) The Governor shall determine which municipal | 28 |
| corporations, other
than those specified in paragraph (c) of | 29 |
| this Section, need
emergency services and disaster agencies of | 30 |
| their own and require that
they be established and maintained. | 31 |
| The Governor shall make
these determinations on
the basis of | 32 |
| the municipality's disaster vulnerability and capability of
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| response related to population size and concentration. The | 34 |
| emergency services
and disaster agency of a county or township, | 35 |
| shall not have a jurisdiction
within a political subdivision | 36 |
| having its own emergency services and disaster
agency, but |
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| shall cooperate with the emergency services and disaster agency
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| of a city, village or incorporated town within their borders. | 3 |
| The
Illinois Emergency Management Agency shall publish and | 4 |
| furnish a current
list to the municipalities required to have | 5 |
| an emergency services and
disaster agency under this | 6 |
| subsection.
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| (e) Each municipality that is not required to and does not | 8 |
| have an
emergency services and disaster agency shall have a | 9 |
| liaison officer
designated to facilitate the cooperation and | 10 |
| protection of that municipal
corporation with the county | 11 |
| emergency services and disaster agency in which
it is located | 12 |
| in the work of disaster mitigation, preparedness, response,
and | 13 |
| recovery.
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| (f) The principal executive officer or his or her designee | 15 |
| of each
political subdivision in the State shall annually | 16 |
| notify the Illinois
Emergency Management Agency of the manner | 17 |
| in which the political
subdivision is providing or securing | 18 |
| emergency management, identify the
executive head of the agency | 19 |
| or the department from which the service is
obtained, or the | 20 |
| liaison officer in accordance with paragraph (d) of this
| 21 |
| Section and furnish additional information relating thereto as | 22 |
| the
Illinois Emergency Management Agency requires.
| 23 |
| (g) Each emergency services and disaster agency shall | 24 |
| prepare an emergency
operations plan for its geographic | 25 |
| boundaries that complies with planning,
review, and approval | 26 |
| standards promulgated by the Illinois Emergency
Management | 27 |
| Agency. The Illinois Emergency Management Agency shall | 28 |
| determine
which jurisdictions will be required to include | 29 |
| earthquake preparedness in
their local emergency operations | 30 |
| plans.
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| (h) The emergency services and disaster agency shall | 32 |
| prepare and
distribute to all appropriate officials in written | 33 |
| form a clear and
complete statement of the emergency | 34 |
| responsibilities of all local
departments and officials and of | 35 |
| the disaster chain of command.
| 36 |
| (i) Each emergency services and disaster agency shall have |
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HB0702 |
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| a Coordinator
who shall be appointed by the principal executive | 2 |
| officer of the political
subdivision in the same manner as are | 3 |
| the heads of regular governmental
departments. If the political | 4 |
| subdivision is a county and the principal
executive officer | 5 |
| appoints the sheriff as the Coordinator, the sheriff may,
in | 6 |
| addition to his or her regular compensation, receive | 7 |
| compensation at the
same level as provided in Section 3 of "An | 8 |
| Act in relation to the regulation
of motor vehicle traffic and | 9 |
| the promotion of safety on public highways in
counties", | 10 |
| approved August 9, 1951, as amended. The Coordinator shall have
| 11 |
| direct responsibility for the organization, administration, | 12 |
| training, and
operation of the emergency services and disaster | 13 |
| agency, subject to the
direction and control of that principal | 14 |
| executive officer. Each emergency
services and disaster agency | 15 |
| shall coordinate and may perform emergency
management | 16 |
| functions within the territorial limits of the political
| 17 |
| subdivision within which it is organized as are prescribed in | 18 |
| and by
the State Emergency Operations Plan, and programs, | 19 |
| orders, rules and
regulations as may be promulgated by the | 20 |
| Illinois Emergency Management
Agency and by local ordinance | 21 |
| and, in addition, shall conduct such
functions outside of those | 22 |
| territorial limits as may be required under
mutual aid | 23 |
| agreements and compacts as are entered into under subparagraph
| 24 |
| (5) of paragraph (c) of Section 6.
| 25 |
| (j) In carrying out the provisions of this Act, each | 26 |
| political
subdivision may enter into contracts and incur | 27 |
| obligations necessary to
place it in a position effectively to | 28 |
| combat the disasters as are
described in Section 4, to protect | 29 |
| the health and safety of persons,
to protect property, and to | 30 |
| provide emergency assistance to victims of
those disasters. If | 31 |
| a disaster occurs, each political subdivision
may exercise the | 32 |
| powers vested under this Section in the light of the
exigencies | 33 |
| of the disaster and, excepting mandatory constitutional
| 34 |
| requirements, without regard to the procedures and formalities | 35 |
| normally
prescribed by law pertaining to the performance of | 36 |
| public work, entering
into contracts, the incurring of |
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LRB094 06118 RSP 36182 b |
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| 1 |
| obligations, the employment of
temporary workers, the rental of | 2 |
| equipment, the purchase of supplies and
materials, and the | 3 |
| appropriation, expenditure, and disposition of public
funds | 4 |
| and property.
| 5 |
| (k) Volunteers who, while engaged in a disaster, an | 6 |
| exercise, training
related to the emergency operations plan of | 7 |
| the political subdivision, or
a search-and-rescue team | 8 |
| response to an occurrence or threat of injury or
loss of life | 9 |
| that is beyond local response capabilities, suffer disease,
| 10 |
| injury or death, shall, for the purposes of benefits under the | 11 |
| Workers'
Compensation Act or Workers' Occupational Diseases | 12 |
| Act only, be deemed
to be employees of the State, if: (1) the | 13 |
| claimant is a duly qualified
and enrolled (sworn in) as a | 14 |
| volunteer of the Illinois Emergency Management
Agency or an | 15 |
| emergency services and disaster agency accredited by the | 16 |
| Illinois
Emergency Management Agency , or is a member of a | 17 |
| volunteer HazMat response team , and (2) if: (i) the claimant | 18 |
| was participating
in a disaster as defined in Section 4 of this | 19 |
| Act, (ii) the exercise or
training participated in was | 20 |
| specifically and expressly approved by the
Illinois Emergency | 21 |
| Management Agency prior to the exercise or training, or
(iii) | 22 |
| the search-and-rescue team response was to an occurrence or | 23 |
| threat of
injury or loss of life that was beyond local response | 24 |
| capabilities and was
specifically and expressly approved by the | 25 |
| Illinois Emergency Management
Agency prior to the | 26 |
| search-and-rescue team response. The computation of
benefits | 27 |
| payable under either of those Acts shall be based on the income
| 28 |
| commensurate with comparable State employees doing the same | 29 |
| type work or
income from the person's regular employment, | 30 |
| whichever is greater.
| 31 |
| (l) If any person who is entitled to receive benefits | 32 |
| through the
application of this Section receives, in connection | 33 |
| with the disease,
injury or death giving rise to such | 34 |
| entitlement, benefits under an Act
of Congress or federal | 35 |
| program, benefits payable under this
Section shall be reduced | 36 |
| to the extent of the benefits received under
that other Act or |
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LRB094 06118 RSP 36182 b |
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| 1 |
| program.
| 2 |
| (m) (1) Prior to conducting an exercise, the principal | 3 |
| executive officer of
a political subdivision or his or her | 4 |
| designee shall provide area media with
written | 5 |
| notification of the exercise. The notification shall | 6 |
| indicate that
information relating to the exercise shall | 7 |
| not be released to the public until
the commencement of the | 8 |
| exercise. The notification shall also contain a request
| 9 |
| that the notice be so posted to ensure that all relevant | 10 |
| media personnel
are advised of the exercise before it | 11 |
| begins.
| 12 |
| (2) During the conduct of an exercise, all messages,
| 13 |
| two-way radio communications, briefings, status reports, | 14 |
| news releases, and
other oral or written communications | 15 |
| shall begin and end with the following
statement: "This is | 16 |
| an exercise message".
| 17 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-73, eff. 1-1-02.)
| 18 |
| (20 ILCS 3305/17) (from Ch. 127, par. 1067)
| 19 |
| Sec. 17. Authority to Accept Services, Gifts, Grants or | 20 |
| Loans. Whenever
the federal government or any agency or officer | 21 |
| thereof or whenever
any person, firm or corporation shall offer | 22 |
| to the State, or to any political
subdivision thereof, | 23 |
| services, equipment, supplies, materials, or funds by
way of | 24 |
| gift or grant, for purposes of emergency management,
the State, | 25 |
| acting through the Governor, or such political subdivision, | 26 |
| acting
through the principal executive officer, may accept such | 27 |
| offer and upon such acceptance
the Governor of the State, or | 28 |
| the principal executive officer of such
political subdivision,
| 29 |
| may authorize an officer of the State or of the political | 30 |
| subdivision, as the
case may be, to receive such services, | 31 |
| equipment, supplies, materials, or funds
on behalf of the State | 32 |
| or such political subdivision. It is the duty of the Governor, | 33 |
| or the principal executive officer of the political subdivision | 34 |
| receiving services, equipment, supplies, materials, or funds | 35 |
| by
way of gift or grant under this Section, to ensure that a |
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HB0702 |
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LRB094 06118 RSP 36182 b |
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| 1 |
| portion of the services, equipment, supplies, materials, or | 2 |
| funds are assigned to the counties of the State to encourage | 3 |
| the formation and operation of volunteer HazMat response teams | 4 |
| for emergency response to chemical or biological terrorism, | 5 |
| radiological emergencies, hazardous materials spills, releases | 6 |
| or fires, or other contamination events.
| 7 |
| (Source: P.A. 85-1027.)
| 8 |
| Section 15. The Counties Code is amended by adding Section | 9 |
| 5-1127 as follows: | 10 |
| (55 ILCS 5/5-1127 new)
| 11 |
| Sec. 5-1127. Volunteer HazMat response teams. The county | 12 |
| board of any county may, by ordinance, authorize a volunteer | 13 |
| HazMat response team to provide emergency response to chemical | 14 |
| and biological terrorism, radiological emergencies, hazardous | 15 |
| material spills, releases, or fires, or other contamination | 16 |
| events. The county board may make reasonable appropriations | 17 |
| from the county treasury to fund and encourage the formation | 18 |
| and operation of a volunteer Hazmat response team. The | 19 |
| ordinance may provide for benefits to be paid by the county if | 20 |
| a team member suffers disease, injury, or death in the line of | 21 |
| duty. A volunteer HazMat response team must be a not-for-profit | 22 |
| organization exempt from federal income taxes under Section | 23 |
| 501(c)(3) of the Internal Revenue Code. | 24 |
| Section 20. The Local Governmental and Governmental | 25 |
| Employees Tort
Immunity Act is amended by changing the heading | 26 |
| of Article V and Sections 1-206, 5-101, 5-102, 5-103, 5-104, | 27 |
| and 5-106 as follows:
| 28 |
| (745 ILCS 10/1-206) (from Ch. 85, par. 1-206)
| 29 |
| Sec. 1-206. "Local public entity" includes a county, | 30 |
| township,
municipality, municipal corporation, school | 31 |
| district, school board,
educational service region, regional | 32 |
| board of school trustees,
community college district, |
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LRB094 06118 RSP 36182 b |
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| community college board, forest
preserve district, park | 2 |
| district, fire protection district, volunteer HazMat response | 3 |
| team authorized by a county board under Section 5-1127 of the | 4 |
| Counties Code, sanitary
district, museum district, emergency | 5 |
| telephone system board, and all other
local governmental | 6 |
| bodies.
"Local public entity" also includes library systems and | 7 |
| any
intergovernmental agency or similar entity formed pursuant | 8 |
| to the
Constitution of the State of Illinois or the | 9 |
| Intergovernmental Cooperation
Act as well as any | 10 |
| not-for-profit corporation organized for the purpose of
| 11 |
| conducting public business. It does not include the State or | 12 |
| any office,
officer, department, division, bureau, board, | 13 |
| commission, university or
similar agency of the State.
| 14 |
| (Source: P.A. 89-403, eff. 1-1-96.)
| 15 |
| (745 ILCS 10/Art. V heading) | 16 |
| ARTICLE V - FIRE PROTECTION , HAZMAT RESPONSE, AND RESCUE | 17 |
| SERVICES
| 18 |
| (745 ILCS 10/5-101) (from Ch. 85, par. 5-101)
| 19 |
| Sec. 5-101. Neither a local public entity nor a public | 20 |
| employee is liable
for failure to establish a fire department | 21 |
| or otherwise to provide fire
protection, rescue or other | 22 |
| emergency service.
| 23 |
| As used in this Article, "rescue services" includes, but is | 24 |
| not limited
to, the operation of an ambulance as defined in the | 25 |
| Emergency Medical
Services (EMS) Systems Act. | 26 |
| As used in this Article, "fire protection" includes, but is | 27 |
| not limited to, the operations of a volunteer HazMat response | 28 |
| team authorized by a county board under Section 5-1127 of the | 29 |
| Counties Code.
| 30 |
| (Source: P.A. 84-1431.)
| 31 |
| (745 ILCS 10/5-102) (from Ch. 85, par. 5-102)
| 32 |
| Sec. 5-102. Neither a local public entity that has | 33 |
| undertaken to provide
fire protection service nor any of its |
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HB0702 |
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LRB094 06118 RSP 36182 b |
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| employees is liable for an injury
resulting from the failure to | 2 |
| suppress or contain a fire , or from the failure to suppress or | 3 |
| contain acts of chemical or biological terrorism, radiological | 4 |
| emergencies, hazardous material spills, releases, or fires, or | 5 |
| other contamination events, or from the
failure to provide or | 6 |
| maintain sufficient personnel, equipment or other
fire | 7 |
| protection facilities.
| 8 |
| (Source: Laws 1965, p. 2983.)
| 9 |
| (745 ILCS 10/5-103) (from Ch. 85, par. 5-103)
| 10 |
| Sec. 5-103. (a) Neither a local public entity, nor a public | 11 |
| employee acting
in the scope of his employment, is liable for | 12 |
| an injury resulting from the
condition of fire protection or | 13 |
| firefighting equipment or facilities.
Nothing in this section | 14 |
| shall exonerate a public entity from liability for
negligence | 15 |
| by reason of the condition of a motor vehicle while it is
| 16 |
| traveling on public ways.
| 17 |
| (b) Neither a local public entity nor a
public employee | 18 |
| acting in the scope of his employment, is liable for an
injury | 19 |
| caused by an act or omission of a public employee while engaged | 20 |
| in
fighting a fire or responding to chemical or biological | 21 |
| terrorism, a radiological emergency, a hazardous material | 22 |
| spill, release, or fire, or another contamination event .
| 23 |
| However, this Section shall not apply if the injury is caused | 24 |
| by the
willful and wanton conduct of the public employee.
| 25 |
| (Source: P.A. 84-1431.)
| 26 |
| (745 ILCS 10/5-104) (from Ch. 85, par. 5-104)
| 27 |
| Sec. 5-104. Except as provided in this Article, no trustee, | 28 |
| officer or
employee of a fire protection district , county | 29 |
| volunteer HazMat response team, or fire department having a | 30 |
| mutual
aid agreement with any other
such district , team, or | 31 |
| department , nor any individual
such fire protection district , | 32 |
| volunteer HazMat response team,
or department, shall be liable | 33 |
| for damage caused to bridges and roads thereon,
owned by the | 34 |
| State or by a unit of local government, when such damage is
|
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HB0702 |
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LRB094 06118 RSP 36182 b |
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| 1 |
| caused by firefighting , HazMat team, or fire department | 2 |
| equipment crossing bridges and roads thereon, for
which load | 3 |
| limits are lower than the weight of such equipment, when | 4 |
| responding
to an alarm or returning therefrom.
| 5 |
| (Source: P.A. 80-839.)
| 6 |
| (745 ILCS 10/5-106) (from Ch. 85, par. 5-106)
| 7 |
| Sec. 5-106. Except for willful or wanton conduct, neither a | 8 |
| local
public entity, nor a public employee
acting within the | 9 |
| scope of his employment, is liable for an injury caused
by the | 10 |
| negligent operation of a motor vehicle or firefighting , HazMat, | 11 |
| or rescue
equipment, when responding to an emergency call, | 12 |
| including transportation
of a person to a medical facility.
| 13 |
| (Source: P.A. 84-1431.)
| 14 |
| Section 25. The Illinois Vehicle Code is amended by | 15 |
| changing Sections 1-105 and 6-500 as follows:
| 16 |
| (625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
| 17 |
| Sec. 1-105. Authorized emergency vehicle. Emergency | 18 |
| vehicles of municipal departments or public service
| 19 |
| corporations as are designated or authorized by proper local | 20 |
| authorities;
police vehicles; vehicles of the fire department; | 21 |
| vehicles of a volunteer HazMat response team as authorized by a | 22 |
| county board under Section 5-1127 of the Counties Code; | 23 |
| ambulances;
vehicles of the Illinois Emergency Management | 24 |
| Agency; vehicles of the Illinois Department of Public Health;
| 25 |
| and vehicles of the
Department of Nuclear Safety.
| 26 |
| (Source: P.A. 92-138, eff. 7-24-01; 93-829, eff. 7-28-04.)
| 27 |
| (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 28 |
| Sec. 6-500. Definitions of words and phrases. | 29 |
| Notwithstanding the
definitions set forth elsewhere in this
| 30 |
| Code, for purposes of the Uniform Commercial Driver's License | 31 |
| Act
(UCDLA), the words and phrases listed below have the | 32 |
| meanings
ascribed to them as follows:
|
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HB0702 |
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LRB094 06118 RSP 36182 b |
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| (1) Alcohol. "Alcohol" means any substance containing any | 2 |
| form of
alcohol, including but not limited to ethanol,
| 3 |
| methanol,
propanol, and
isopropanol.
| 4 |
| (2) Alcohol concentration. "Alcohol concentration" means:
| 5 |
| (A) the number of grams of alcohol per 210 liters of | 6 |
| breath;
or
| 7 |
| (B) the number of grams of alcohol per 100 milliliters | 8 |
| of
blood; or
| 9 |
| (C) the number of grams of alcohol per 67 milliliters | 10 |
| of
urine.
| 11 |
| Alcohol tests administered within 2 hours of the driver | 12 |
| being
"stopped or detained" shall be considered that driver's | 13 |
| "alcohol
concentration" for the purposes of enforcing this | 14 |
| UCDLA.
| 15 |
| (3) (Blank).
| 16 |
| (4) (Blank).
| 17 |
| (5) (Blank).
| 18 |
| (6) Commercial Motor Vehicle.
| 19 |
| (A) "Commercial motor vehicle" means
a motor vehicle, | 20 |
| except those referred to in subdivision (B), designed
to | 21 |
| transport passengers or property if:
| 22 |
| (i) the vehicle has a GVWR of 26,001 pounds or more | 23 |
| or such
a
lesser GVWR as subsequently determined by | 24 |
| federal regulations or the Secretary
of State; or any
| 25 |
| combination of vehicles with a GCWR of 26,001 pounds or | 26 |
| more, provided the
GVWR of any vehicle or vehicles | 27 |
| being towed is 10,001 pounds or more; or
| 28 |
| (ii) the vehicle is designed to transport 16 or | 29 |
| more
persons;
or
| 30 |
| (iii) the vehicle is transporting hazardous | 31 |
| materials and
is
required to
be placarded in accordance | 32 |
| with 49 C.F.R. Part 172, subpart F.
| 33 |
| (B) Pursuant to the interpretation of the Commercial | 34 |
| Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 35 |
| Administration, the definition of
"commercial motor | 36 |
| vehicle" does not include:
|
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HB0702 |
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LRB094 06118 RSP 36182 b |
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| (i) recreational vehicles, when operated primarily | 2 |
| for personal use;
| 3 |
| (ii) United States Department of Defense vehicles | 4 |
| being operated by
non-civilian personnel. This | 5 |
| includes any operator on active military
duty; members | 6 |
| of the Reserves; National Guard; personnel on | 7 |
| part-time
training; and National Guard military | 8 |
| technicians (civilians who are
required to wear | 9 |
| military uniforms and are subject to the Code of | 10 |
| Military
Justice); or
| 11 |
| (iii) firefighting and other emergency equipment | 12 |
| (including, without limitation, equipment owned or | 13 |
| operated by a volunteer HazMat response team as | 14 |
| authorized by a county board under Section 5-1127 of | 15 |
| the Counties Code), with audible and
visual signals, | 16 |
| owned or operated
by or for a
governmental entity, | 17 |
| which is necessary to the preservation of life or
| 18 |
| property or the execution of emergency governmental | 19 |
| functions which are
normally not subject to general | 20 |
| traffic rules and regulations.
| 21 |
| (7) Controlled Substance. "Controlled substance" shall | 22 |
| have the same
meaning as defined in Section 102 of the Illinois | 23 |
| Controlled Substances Act,
and shall also include cannabis as | 24 |
| defined in Section 3 of the Cannabis Control
Act.
| 25 |
| (8) Conviction. "Conviction" means an unvacated | 26 |
| adjudication of guilt
or a determination that a person has | 27 |
| violated or failed to comply with the
law in a court of | 28 |
| original jurisdiction or an authorized administrative
| 29 |
| tribunal; an unvacated forfeiture of bail or collateral | 30 |
| deposited to secure
the person's appearance in court; the | 31 |
| payment of a fine or court cost
regardless of whether the | 32 |
| imposition of sentence is deferred and ultimately
a judgment | 33 |
| dismissing the underlying charge is entered; or a violation of | 34 |
| a
condition of release without bail, regardless of whether or | 35 |
| not the penalty
is rebated, suspended or probated.
| 36 |
| (9) (Blank).
|
|
|
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HB0702 |
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LRB094 06118 RSP 36182 b |
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| 1 |
| (10) (Blank).
| 2 |
| (11) (Blank).
| 3 |
| (12) (Blank).
| 4 |
| (13) Driver. "Driver" means any person who drives, | 5 |
| operates, or is in
physical control of a commercial motor | 6 |
| vehicle, or who is required to hold a
CDL.
| 7 |
| (14) Employee. "Employee" means a person who is employed as | 8 |
| a
commercial
motor vehicle driver. A person who is | 9 |
| self-employed as a commercial motor
vehicle driver must comply | 10 |
| with the requirements of this UCDLA
pertaining to employees. An
| 11 |
| owner-operator on a long-term lease shall be considered an | 12 |
| employee.
| 13 |
| (15) Employer. "Employer" means a person (including the | 14 |
| United
States, a State or a local authority) who owns or leases | 15 |
| a commercial motor
vehicle or assigns employees to operate such | 16 |
| a vehicle. A person who is
self-employed as a commercial motor | 17 |
| vehicle driver must
comply with the requirements of this UCDLA.
| 18 |
| (16) (Blank).
| 19 |
| (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 20 |
| sovereign
jurisdiction that does not fall within the definition | 21 |
| of "State".
| 22 |
| (18) (Blank).
| 23 |
| (19) (Blank).
| 24 |
| (20) Hazardous Material. Upon a finding by the United | 25 |
| States
Secretary of Transportation, in his or her discretion, | 26 |
| under 49 App. U.S.C.
5103(a), that the transportation of a | 27 |
| particular quantity and form of
material in commerce may pose | 28 |
| an unreasonable risk to health and safety or
property, he or | 29 |
| she shall designate the quantity and form of material or group
| 30 |
| or class of the materials as a hazardous material. The | 31 |
| materials so
designated may include but are not limited to | 32 |
| explosives, radioactive
materials, etiologic agents, flammable | 33 |
| liquids or solids, combustible liquids
or solids, poisons, | 34 |
| oxidizing or corrosive materials, and compressed gases.
| 35 |
| (21) Long-term lease. "Long-term lease" means a lease of a | 36 |
| commercial
motor vehicle by the owner-lessor to a lessee, for a |
|
|
|
HB0702 |
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LRB094 06118 RSP 36182 b |
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| 1 |
| period of more than 29
days.
| 2 |
| (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 3 |
| which is self-propelled, and every vehicle which is propelled | 4 |
| by electric
power obtained from over head trolley wires but not | 5 |
| operated upon rails,
except vehicles moved solely by human | 6 |
| power and motorized wheel chairs.
| 7 |
| (23) Non-resident CDL. "Non-resident CDL" means a | 8 |
| commercial driver's
license issued by a state to an individual | 9 |
| who is domiciled in a foreign
jurisdiction.
| 10 |
| (24) (Blank).
| 11 |
| (25) (Blank).
| 12 |
| (25.5) Railroad-Highway Grade Crossing Violation. | 13 |
| "Railroad-highway
grade
crossing violation" means a
violation, | 14 |
| while operating a commercial motor vehicle, of
any
of the | 15 |
| following:
| 16 |
| (A) Section 11-1201, 11-1202, or 11-1425 of this
| 17 |
| Code.
| 18 |
| (B) (C) (D) (E) (F) (G) (H) Any other similar
law | 19 |
| or local ordinance of any state relating to
| 20 |
| railroad-highway grade crossing. (A) (G)
| 21 |
| (26) Serious Traffic Violation. "Serious traffic | 22 |
| violation"
means:
| 23 |
| (A) a conviction when operating a commercial motor | 24 |
| vehicle
of:
| 25 |
| (i) a violation relating to excessive speeding,
| 26 |
| involving a single speeding charge of 15 miles per hour | 27 |
| or more above the
legal speed limit; or
| 28 |
| (ii) a violation relating to reckless driving; or
| 29 |
| (iii) a violation of any State law or local | 30 |
| ordinance relating to motor
vehicle traffic control | 31 |
| (other than parking violations) arising in
connection | 32 |
| with a fatal traffic accident; or
| 33 |
| (iv) a violation of Section 6-501, relating to | 34 |
| having multiple driver's
licenses; or
| 35 |
| (v) a violation of paragraph (a) of Section 6-507, | 36 |
| relating to the
requirement to have a valid CDL; or
|
|
|
|
HB0702 |
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LRB094 06118 RSP 36182 b |
|
| 1 |
| (vi) a violation relating to improper or erratic | 2 |
| traffic lane changes;
or
| 3 |
| (vii) a violation relating to following another | 4 |
| vehicle too closely; or
| 5 |
| (B) any other similar violation of a law or local
| 6 |
| ordinance of any state relating to motor vehicle traffic | 7 |
| control, other
than a parking violation, which the | 8 |
| Secretary of State determines by
administrative rule to be | 9 |
| serious.
| 10 |
| (27) State. "State" means a state of the United States, the | 11 |
| District of
Columbia and any province or territory of Canada.
| 12 |
| (28) (Blank).
| 13 |
| (29) (Blank).
| 14 |
| (30) (Blank).
| 15 |
| (31) (Blank).
| 16 |
| (Source: P.A. 92-249, eff. 1-1-02; 92-651, eff. 7-11-02; | 17 |
| 92-834, eff.
8-22-02; revised 8-26-02.)
|
|