Bill Text: IL HB2386 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department of Agriculture.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB2386 Detail]
Download: Illinois-2011-HB2386-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2386
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2 | AMENDMENT NO. ______. Amend House Bill 2386 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Emergency Management Agency Act is | ||||||
5 | amended by changing Sections 4, 13, and 15 as follows:
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6 | (20 ILCS 3305/4) (from Ch. 127, par. 1054)
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7 | 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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10 | "Coordinator" means the staff assistant to the principal
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11 | 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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14 | "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 |
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1 | limited to fire, flood, earthquake,
wind, storm, hazardous | ||||||
2 | materials spill or other water contamination requiring
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3 | emergency
action to avert danger or damage, epidemic, air | ||||||
4 | contamination, blight,
extended periods of severe and | ||||||
5 | inclement weather,
drought, infestation, critical shortages of | ||||||
6 | essential fuels and energy,
explosion, riot, hostile military | ||||||
7 | or
paramilitary action, public health emergencies, or acts of | ||||||
8 | domestic
terrorism , or matters concerning public safety, | ||||||
9 | including but not limited to any harm or potential harm to | ||||||
10 | property or persons .
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11 | "Emergency Management" means the efforts of the State and | ||||||
12 | the
political subdivisions to develop, plan, analyze, conduct, | ||||||
13 | provide,
implement and
maintain programs for disaster | ||||||
14 | mitigation, preparedness, response and recovery.
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15 | "Emergency Services and Disaster Agency" means the
agency | ||||||
16 | by this name, by the name Emergency Management Agency, or by | ||||||
17 | any other
name that is established
by ordinance within a | ||||||
18 | political subdivision to coordinate the emergency
management | ||||||
19 | program within that political subdivision and with private
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20 | organizations, other political subdivisions, the State and | ||||||
21 | federal governments.
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22 | "Emergency Operations Plan" means the written plan of the | ||||||
23 | State and
political subdivisions describing the organization, | ||||||
24 | mission, and functions
of the government and supporting | ||||||
25 | services for responding to and recovering
from disasters and | ||||||
26 | shall include plans that take into account the needs of those |
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1 | individuals with household pets and service animals following a | ||||||
2 | major disaster or emergency.
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3 | "Emergency Services" means the coordination of functions | ||||||
4 | by the
State and its political subdivision, other than | ||||||
5 | functions for which military
forces
are primarily responsible, | ||||||
6 | as may be necessary or proper to prevent,
minimize, repair, and | ||||||
7 | alleviate injury and damage resulting from
any natural or | ||||||
8 | technological causes. These functions include, without
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9 | limitation, fire fighting
services, police services, emergency | ||||||
10 | aviation services, medical and
health services, HazMat and | ||||||
11 | technical rescue teams, rescue,
engineering, warning services, | ||||||
12 | communications, radiological,
chemical and other special | ||||||
13 | weapons defense, evacuation of persons from
stricken or | ||||||
14 | threatened areas, emergency assigned functions of plant | ||||||
15 | protection,
temporary restoration of public utility services | ||||||
16 | and other functions
related to civilian protection, together | ||||||
17 | with all other activities
necessary or incidental to protecting | ||||||
18 | life or property.
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19 | "Exercise" means a planned event realistically simulating | ||||||
20 | a disaster,
conducted for the purpose of
evaluating the | ||||||
21 | political subdivision's coordinated emergency management
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22 | capabilities, including,
but not limited to, testing the | ||||||
23 | emergency operations plan.
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24 | "HazMat team" means a career or volunteer mobile support | ||||||
25 | team that has been authorized by a unit of local government to | ||||||
26 | respond to hazardous materials emergencies and that is |
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1 | primarily designed for emergency response to chemical or | ||||||
2 | biological terrorism, radiological emergencies, hazardous | ||||||
3 | material spills, releases, or fires, or other contamination | ||||||
4 | events.
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5 | "Illinois Emergency Management Agency"
means the agency
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6 | established by this Act within the executive branch of State | ||||||
7 | Government
responsible for coordination of the overall | ||||||
8 | emergency management program of
the State and with private | ||||||
9 | organizations, political subdivisions, and the
federal | ||||||
10 | government.
Illinois Emergency Management Agency also means | ||||||
11 | the State
Emergency Response Commission responsible for the | ||||||
12 | implementation of Title
III of the Superfund Amendments and | ||||||
13 | Reauthorization Act of 1986.
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14 | "Mobile Support Team" means
a group of individuals | ||||||
15 | designated as a team by the Governor or Director to
train prior | ||||||
16 | to and to be
dispatched, if the Governor or the Director so | ||||||
17 | determines, to aid and reinforce
the State and political
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18 | subdivision emergency management efforts in response to a | ||||||
19 | disaster.
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20 | "Municipality" means any city, village, and incorporated | ||||||
21 | town.
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22 | "Political Subdivision" means any county, city, village, | ||||||
23 | or
incorporated town or township if the township is in a county | ||||||
24 | having a
population of more than 2,000,000.
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25 | "Principal Executive Officer" means chair
of the county | ||||||
26 | board, supervisor of a township if the township
is in a county |
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1 | having a population of more than 2,000,000, mayor
of a city or | ||||||
2 | incorporated town,
president of a village,
or in their absence | ||||||
3 | or disability, the interim successor as
established under | ||||||
4 | Section 7 of the Emergency Interim
Executive Succession Act.
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5 | "Public agencies" means any unit of local government as | ||||||
6 | defined by Section 1 of Article VII of the Illinois | ||||||
7 | Constitution, any school district, any public community | ||||||
8 | college district, any public building commission, the State of | ||||||
9 | Illinois, any agency of the State, the United States, or any | ||||||
10 | other state, any political subdivision of another state, or any | ||||||
11 | combination of the above pursuant to an intergovernmental | ||||||
12 | agreement that includes provisions for a governing body of the | ||||||
13 | agency created by the agreement. | ||||||
14 | "Public health emergency" means an occurrence or imminent | ||||||
15 | threat of an
illness or health condition that:
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16 | (a) is believed to be caused by any of the following:
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17 | (i) bioterrorism;
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18 | (ii) the appearance of a novel or previously | ||||||
19 | controlled or eradicated
infectious agent or
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20 | biological toxin;
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21 | (iii) a natural disaster;
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22 | (iv) a chemical attack or accidental release; or
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23 | (v) a nuclear attack or accident; and
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24 | (b) poses a high probability of any of the following | ||||||
25 | harms:
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26 | (i) a large number of deaths in the affected |
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1 | population;
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2 | (ii) a large number of serious or long-term | ||||||
3 | disabilities in the affected
population; or
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4 | (iii) widespread exposure to an infectious or | ||||||
5 | toxic agent that poses a
significant risk of | ||||||
6 | substantial future harm to a large number of people in | ||||||
7 | the
affected population.
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8 | "Technical rescue team" means a career or volunteer mobile | ||||||
9 | support team that has been authorized by a unit of local | ||||||
10 | government to respond to building collapse, high angle rescue, | ||||||
11 | and other specialized rescue emergencies and that is primarily | ||||||
12 | designated for emergency response to technical rescue events.
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13 | (Source: P.A. 93-249, eff. 7-22-03; 94-334, eff. 1-1-06; | ||||||
14 | 94-1081, eff. 6-1-07 .)
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15 | (20 ILCS 3305/13) (from Ch. 127, par. 1063)
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16 | Sec. 13.
Mutual aid arrangements between political | ||||||
17 | subdivisions and taxing
districts.
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18 | (a) The
coordinator of each
emergency services and disaster | ||||||
19 | agency may, in collaboration with other
public agencies within | ||||||
20 | his or her immediate vicinity, develop or cause to
be developed
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21 | mutual aid arrangements with other political subdivisions of | ||||||
22 | taxing
districts or public agencies within this State for | ||||||
23 | reciprocal disaster response and recovery
assistance in case a | ||||||
24 | disaster is too great to be dealt with unassisted . The
mutual | ||||||
25 | aid shall
not, however, be effective unless and until approved |
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1 | by each of the political
subdivisions. The arrangements shall | ||||||
2 | be consistent with the
State Emergency Operations Plan and | ||||||
3 | State emergency management program, and in
the event of a | ||||||
4 | disaster as described in Section 4 of this Act, it
shall be the | ||||||
5 | duty of each emergency services and disaster agency to render
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6 | assistance in accordance with the provisions of the mutual aid | ||||||
7 | arrangements.
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8 | (b) The coordinator of an
emergency services and disaster | ||||||
9 | agency may, subject to the approval
of the Director, assist in | ||||||
10 | the negotiation of mutual aid agreements between
this and other | ||||||
11 | states.
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12 | (Source: P.A. 92-73, eff. 1-1-02.)
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13 | (20 ILCS 3305/15) (from Ch. 127, par. 1065)
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14 | Sec. 15. Immunity. Neither the State,
any political | ||||||
15 | subdivision of the State, any public agency of the State, nor, | ||||||
16 | except in cases
of gross negligence or willful misconduct, the | ||||||
17 | Governor, the Director,
the Principal Executive Officer of a | ||||||
18 | political subdivision, or the agents,
employees, or | ||||||
19 | representatives of any of them,
engaged in any emergency | ||||||
20 | management response or recovery
activities, while complying | ||||||
21 | with or attempting to comply with this Act , including but not | ||||||
22 | limited to acting under a mutual aid agreement pursuant to | ||||||
23 | Section 13 of this Act or another intergovernmental agreement | ||||||
24 | pursuant to the Intergovernmental Cooperation Act or Section 10 | ||||||
25 | of Article VII of the Illinois Constitution, or any rule or |
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1 | regulations promulgated pursuant to this Act is liable
for the | ||||||
2 | death of or any injury to persons, or damage to property, as a
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3 | result of such activity. This Section does not, however, apply | ||||||
4 | to
political subdivisions and principal executive officers | ||||||
5 | required to
maintain emergency services and disaster agencies | ||||||
6 | that are not in
compliance with Section 10 of this Act, | ||||||
7 | notwithstanding provisions of any
other laws. This Section does | ||||||
8 | not, however, affect the
right of any person to receive | ||||||
9 | benefits to which he or she would otherwise
be
entitled under | ||||||
10 | this Act under the Workers' Compensation Act or the
Workers' | ||||||
11 | Occupational Diseases Act, or under any pension law, and this
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12 | Section does not affect the right of any such person to receive | ||||||
13 | any
benefits or compensation under any Act of Congress.
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14 | (Source: P.A. 92-73, eff. 1-1-02.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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