Bill Text: IL HB5396 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Emergency Management Agency Act. Provides that a cyber attack is a "disaster".

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5396 Detail]

Download: Illinois-2019-HB5396-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5396

Introduced , by Rep. Keith R. Wheeler - Grant Wehrli - Amy Grant

SYNOPSIS AS INTRODUCED:
20 ILCS 3305/4 from Ch. 127, par. 1054

Amends the Illinois Emergency Management Agency Act. Provides that a cyber attack is a "disaster".
LRB101 16600 CPF 65984 b

A BILL FOR

HB5396LRB101 16600 CPF 65984 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Emergency Management Agency Act is
5amended by changing Section 4 as follows:
6 (20 ILCS 3305/4) (from Ch. 127, par. 1054)
7 Sec. 4. Definitions. As used in this Act, unless the
8context clearly indicates otherwise, the following words and
9terms have the meanings ascribed to them in this Section:
10 "Coordinator" means the staff assistant to the principal
11executive officer of a political subdivision with the duty of
12coordinating the emergency management programs of that
13political subdivision.
14 "Disaster" means an occurrence or threat of widespread or
15severe damage, injury or loss of life or property resulting
16from any natural or technological cause, including but not
17limited to fire, flood, earthquake, wind, storm, hazardous
18materials spill or other water contamination requiring
19emergency action to avert danger or damage, epidemic, air
20contamination, blight, extended periods of severe and
21inclement weather, drought, infestation, critical shortages of
22essential fuels and energy, explosion, riot, hostile military
23or paramilitary action, public health emergencies, or acts of

HB5396- 2 -LRB101 16600 CPF 65984 b
1domestic terrorism, or cyber attacks.
2 "Emergency Management" means the efforts of the State and
3the political subdivisions to develop, plan, analyze, conduct,
4provide, implement and maintain programs for disaster
5mitigation, preparedness, response and recovery.
6 "Emergency Services and Disaster Agency" means the agency
7by this name, by the name Emergency Management Agency, or by
8any other name that is established by ordinance within a
9political subdivision to coordinate the emergency management
10program within that political subdivision and with private
11organizations, other political subdivisions, the State and
12federal governments.
13 "Emergency Operations Plan" means the written plan of the
14State and political subdivisions describing the organization,
15mission, and functions of the government and supporting
16services for responding to and recovering from disasters and
17shall include plans that take into account the needs of those
18individuals with household pets and service animals following a
19major disaster or emergency.
20 "Emergency Services" means the coordination of functions
21by the State and its political subdivision, other than
22functions for which military forces are primarily responsible,
23as may be necessary or proper to prevent, minimize, repair, and
24alleviate injury and damage resulting from any natural or
25technological causes. These functions include, without
26limitation, fire fighting services, police services, emergency

HB5396- 3 -LRB101 16600 CPF 65984 b
1aviation services, medical and health services, HazMat and
2technical rescue teams, rescue, engineering, warning services,
3communications, radiological, chemical and other special
4weapons defense, evacuation of persons from stricken or
5threatened areas, emergency assigned functions of plant
6protection, temporary restoration of public utility services
7and other functions related to civilian protection, together
8with all other activities necessary or incidental to protecting
9life or property.
10 "Exercise" means a planned event realistically simulating
11a disaster, conducted for the purpose of evaluating the
12political subdivision's coordinated emergency management
13capabilities, including, but not limited to, testing the
14emergency operations plan.
15 "HazMat team" means a career or volunteer mobile support
16team that has been authorized by a unit of local government to
17respond to hazardous materials emergencies and that is
18primarily designed for emergency response to chemical or
19biological terrorism, radiological emergencies, hazardous
20material spills, releases, or fires, or other contamination
21events.
22 "Illinois Emergency Management Agency" means the agency
23established by this Act within the executive branch of State
24Government responsible for coordination of the overall
25emergency management program of the State and with private
26organizations, political subdivisions, and the federal

HB5396- 4 -LRB101 16600 CPF 65984 b
1government. Illinois Emergency Management Agency also means
2the State Emergency Response Commission responsible for the
3implementation of Title III of the Superfund Amendments and
4Reauthorization Act of 1986.
5 "Mobile Support Team" means a group of individuals
6designated as a team by the Governor or Director to train prior
7to and to be dispatched, if the Governor or the Director so
8determines, to aid and reinforce the State and political
9subdivision emergency management efforts in response to a
10disaster.
11 "Municipality" means any city, village, and incorporated
12town.
13 "Political Subdivision" means any county, city, village,
14or incorporated town or township if the township is in a county
15having a population of more than 2,000,000.
16 "Principal Executive Officer" means chair of the county
17board, supervisor of a township if the township is in a county
18having a population of more than 2,000,000, mayor of a city or
19incorporated town, president of a village, or in their absence
20or disability, the interim successor as established under
21Section 7 of the Emergency Interim Executive Succession Act.
22 "Public health emergency" means an occurrence or imminent
23threat of an illness or health condition that:
24 (a) is believed to be caused by any of the following:
25 (i) bioterrorism;
26 (ii) the appearance of a novel or previously

HB5396- 5 -LRB101 16600 CPF 65984 b
1 controlled or eradicated infectious agent or
2 biological toxin;
3 (iii) a natural disaster;
4 (iv) a chemical attack or accidental release; or
5 (v) a nuclear attack or accident; and
6 (b) poses a high probability of any of the following
7 harms:
8 (i) a large number of deaths in the affected
9 population;
10 (ii) a large number of serious or long-term
11 disabilities in the affected population; or
12 (iii) widespread exposure to an infectious or
13 toxic agent that poses a significant risk of
14 substantial future harm to a large number of people in
15 the affected population.
16 "Statewide mutual aid organization" means an entity with
17local government members throughout the State that facilitates
18temporary assistance through its members in a particular public
19safety discipline, such as police, fire or emergency
20management, when an occurrence exceeds a member jurisdiction's
21capabilities.
22 "Technical rescue team" means a career or volunteer mobile
23support team that has been authorized by a unit of local
24government to respond to building collapse, high angle rescue,
25and other specialized rescue emergencies and that is primarily
26designated for emergency response to technical rescue events.

HB5396- 6 -LRB101 16600 CPF 65984 b
1(Source: P.A. 100-587, eff. 6-4-18.)
feedback