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1 | | active duty,
for disaster-related expenses of State Agencies |
2 | | and
Departments, and for the emergency purchase or renting of
|
3 | | equipment and commodities. The fund shall be used for |
4 | | furnishing
emergency services and relief to the disaster area |
5 | | as a whole and shall
not be used to provide private relief to |
6 | | persons sustaining property
damages or personal injury as a |
7 | | result of a disaster.
|
8 | | (Source: P.A. 87-168.)
|
9 | | Section 10. The State Police Act is amended by adding |
10 | | Section 12.6 as follows: |
11 | | (20 ILCS 2610/12.6 new) |
12 | | Sec. 12.6. Zero impairment alcohol policy. |
13 | | (a) The Department of State Police shall have an alcohol |
14 | | impairment policy for on-duty State Police officers in place. |
15 | | The preferable standard for an alcohol impairment policy for |
16 | | on-duty State Police officer is 0.00% blood alcohol content. |
17 | | (b) Nothing in this Section shall preclude the Department |
18 | | of State Police from entering into collective bargaining |
19 | | agreements with additional terms that govern alcohol testing of |
20 | | on-duty State Police officers; however, in no case shall the |
21 | | Department of State Police adopt an alcohol impairment policy |
22 | | for on-duty State Police officers permitting greater than |
23 | | 0.021% blood alcohol content. |
24 | | (c) An "on-duty State Police officer" is defined as a State |
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1 | | Police officer reporting for normally scheduled duty. |
2 | | (d) To the extent this Section conflicts with a collective |
3 | | bargaining agreement in effect on the effective date of this |
4 | | amendatory Act of the 98th General Assembly, the conflicting |
5 | | provision of this Section shall not apply until that collective |
6 | | bargaining agreement expires, or is renewed, renegotiated, or |
7 | | superseded.
|
8 | | Section 15. The Illinois Emergency Management Agency Act is |
9 | | amended by changing Sections 5, 8, and 9 as follows:
|
10 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
|
11 | | Sec. 5. Illinois Emergency Management Agency.
|
12 | | (a) There is created within the executive branch of the |
13 | | State Government an
Illinois Emergency Management Agency and a |
14 | | Director of the Illinois Emergency
Management Agency, herein |
15 | | called the "Director" who shall be the head thereof.
The |
16 | | Director shall be appointed by the Governor, with the advice |
17 | | and consent of
the Senate, and shall serve for a term of 2 |
18 | | years beginning on the third Monday
in January of the |
19 | | odd-numbered year, and until a successor is appointed and
has |
20 | | qualified; except that the term of the first Director appointed |
21 | | under this
Act shall expire on the third Monday in January, |
22 | | 1989. The Director shall not
hold any other remunerative public |
23 | | office. The Director shall receive an annual
salary as set by |
24 | | the
Compensation Review Board.
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1 | | (b) The Illinois Emergency Management Agency shall obtain, |
2 | | under the
provisions of the Personnel Code, technical, |
3 | | clerical, stenographic and other
administrative personnel, and |
4 | | may make expenditures within the appropriation
therefor as may |
5 | | be necessary to carry out the purpose of this Act. The agency
|
6 | | created by this Act is intended to be a successor to the agency |
7 | | created under
the Illinois Emergency Services and Disaster |
8 | | Agency Act of 1975 and the
personnel, equipment, records, and |
9 | | appropriations of that agency are
transferred to the successor |
10 | | agency as of the effective date of this Act.
|
11 | | (c) The Director, subject to the direction and control of |
12 | | the Governor,
shall be the executive head of the Illinois |
13 | | Emergency Management Agency and
the State Emergency Response |
14 | | Commission and shall be responsible under the
direction of the |
15 | | Governor, for carrying out the program for emergency
management |
16 | | of this State. The Director shall also maintain liaison
and |
17 | | cooperate with
the emergency management organizations of this |
18 | | State and other states and of
the federal government.
|
19 | | (d) The Illinois Emergency Management Agency shall take an |
20 | | integral part in
the development and revision of political |
21 | | subdivision emergency operations
plans prepared under |
22 | | paragraph (f) of Section 10. To this end it shall employ
or |
23 | | otherwise secure the services of professional and technical |
24 | | personnel
capable of providing expert assistance to the |
25 | | emergency services and disaster
agencies. These personnel |
26 | | shall consult with emergency services and disaster
agencies on |
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1 | | a regular basis and shall make field examinations of the areas,
|
2 | | circumstances, and conditions that particular political |
3 | | subdivision emergency
operations plans are intended to apply.
|
4 | | (e) The Illinois Emergency Management Agency and political |
5 | | subdivisions
shall be encouraged to form an emergency |
6 | | management advisory committee composed
of private and public |
7 | | personnel representing the emergency management phases of
|
8 | | mitigation, preparedness, response, and recovery.
The Local |
9 | | Emergency Planning Committee, as created under the Illinois
|
10 | | Emergency
Planning and Community Right to Know Act, shall serve |
11 | | as
an advisory
committee to the emergency services and disaster |
12 | | agency or agencies serving
within the boundaries
of that Local |
13 | | Emergency Planning Committee planning district for:
|
14 | | (1) the development of emergency operations plan |
15 | | provisions for hazardous
chemical
emergencies; and
|
16 | | (2) the assessment of emergency response capabilities |
17 | | related to hazardous
chemical
emergencies.
|
18 | | (f) The Illinois Emergency Management Agency shall:
|
19 | | (1) Coordinate the overall emergency management |
20 | | program of the State.
|
21 | | (2) Cooperate with local governments, the federal |
22 | | government and any
public or private agency or entity in |
23 | | achieving any purpose of this Act and
in implementing |
24 | | emergency management programs for mitigation, |
25 | | preparedness,
response, and recovery.
|
26 | | (2.5) Develop a comprehensive emergency preparedness |
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1 | | and response plan for any nuclear
accident in accordance |
2 | | with Section 65 of the Department of Nuclear Safety
Law of |
3 | | 2004 (20 ILCS 3310) and in development of the
Illinois
|
4 | | Nuclear Safety Preparedness program in accordance with |
5 | | Section 8 of the
Illinois Nuclear Safety Preparedness Act.
|
6 | | (2.6) Coordinate with the Department of Public Health
|
7 | | with respect to planning for and responding to public |
8 | | health emergencies.
|
9 | | (3) Prepare, for issuance by the Governor, executive |
10 | | orders,
proclamations, and regulations as necessary or |
11 | | appropriate in coping with
disasters.
|
12 | | (4) Promulgate rules and requirements for political |
13 | | subdivision
emergency operations plans that are not |
14 | | inconsistent with and are at least
as stringent as |
15 | | applicable federal laws and regulations.
|
16 | | (5) Review and approve, in accordance with Illinois |
17 | | Emergency Management
Agency rules, emergency operations
|
18 | | plans for those political subdivisions required to have an |
19 | | emergency services
and disaster agency pursuant to this |
20 | | Act.
|
21 | | (5.5) Promulgate rules and requirements for the |
22 | | political subdivision
emergency management
exercises, |
23 | | including, but not limited to, exercises of the emergency |
24 | | operations
plans.
|
25 | | (5.10) Review, evaluate, and approve, in accordance |
26 | | with Illinois
Emergency
Management
Agency rules, political |
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1 | | subdivision emergency management exercises for those
|
2 | | political subdivisions
required to have an emergency |
3 | | services and disaster agency pursuant to this
Act.
|
4 | | (6) Determine requirements of the State and its |
5 | | political
subdivisions
for food, clothing, and other |
6 | | necessities in event of a disaster.
|
7 | | (7) Establish a register of persons with types of |
8 | | emergency
management
training and skills in mitigation, |
9 | | preparedness, response, and recovery.
|
10 | | (8) Establish a register of government and private |
11 | | response
resources
available for use in a disaster.
|
12 | | (9) Expand the Earthquake Awareness Program and its |
13 | | efforts to
distribute earthquake preparedness materials to |
14 | | schools, political
subdivisions, community groups, civic |
15 | | organizations, and the media.
Emphasis will be placed on |
16 | | those areas of the State most at risk from an
earthquake. |
17 | | Maintain the list of all school districts, hospitals,
|
18 | | airports, power plants, including nuclear power plants, |
19 | | lakes, dams,
emergency response facilities of all types, |
20 | | and all other major public or
private structures which are |
21 | | at the greatest risk of damage from
earthquakes under |
22 | | circumstances where the damage would cause subsequent
harm |
23 | | to the surrounding communities and residents.
|
24 | | (10) Disseminate all information, completely and |
25 | | without
delay, on water
levels for rivers and streams and |
26 | | any other data pertaining to potential
flooding supplied by |
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1 | | the Division of Water Resources within the Department of
|
2 | | Natural Resources to all political subdivisions to the |
3 | | maximum extent possible.
|
4 | | (11) Develop agreements, if feasible, with medical |
5 | | supply and
equipment
firms to
supply resources as are |
6 | | necessary to respond to an earthquake or any other
disaster |
7 | | as defined in this Act. These resources will be made |
8 | | available
upon notifying the vendor of the disaster. |
9 | | Payment for the resources will
be in accordance with |
10 | | Section 7 of this Act. The Illinois Department of
Public |
11 | | Health shall determine which resources will be required and |
12 | | requested.
|
13 | | (11.5) In coordination with the Department of State |
14 | | Police, develop and
implement a community outreach program |
15 | | to promote awareness among the State's
parents and children |
16 | | of child abduction prevention and response.
|
17 | | (12) Out of funds appropriated for these purposes, |
18 | | award capital and
non-capital grants to Illinois hospitals |
19 | | or health care facilities located
outside of a city with a |
20 | | population in excess of 1,000,000 to be used for
purposes |
21 | | that include, but are not limited to, preparing to respond |
22 | | to mass
casualties and disasters, maintaining and |
23 | | improving patient safety and
quality of care, and |
24 | | protecting the confidentiality of patient information.
No |
25 | | single grant for a capital expenditure shall exceed |
26 | | $300,000.
No single grant for a non-capital expenditure |
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1 | | shall exceed $100,000.
In awarding such grants, preference |
2 | | shall be given to hospitals that serve
a significant number |
3 | | of Medicaid recipients, but do not qualify for
|
4 | | disproportionate share hospital adjustment payments under |
5 | | the Illinois Public
Aid Code. To receive such a grant, a |
6 | | hospital or health care facility must
provide funding of at |
7 | | least 50% of the cost of the project for which the grant
is |
8 | | being requested.
In awarding such grants the Illinois |
9 | | Emergency Management Agency shall consider
the |
10 | | recommendations of the Illinois Hospital Association.
|
11 | | (13) Do all other things necessary, incidental or |
12 | | appropriate
for the implementation of this Act.
|
13 | | (g) The Illinois Emergency Management Agency is authorized |
14 | | to make grants to various higher education institutions for |
15 | | safety and security improvements. For the purpose of this |
16 | | subsection (g), "higher education institution" means a public |
17 | | university, a public community college, or an independent, |
18 | | not-for-profit or for-profit higher education institution |
19 | | located in this State. Grants made under this subsection (g) |
20 | | shall be paid out of moneys appropriated for that purpose from |
21 | | the Build Illinois Bond Fund. The Illinois Emergency Management |
22 | | Agency shall adopt rules to implement this subsection (g). |
23 | | These rules may specify: (i) the manner of applying for grants; |
24 | | (ii) project eligibility requirements; (iii) restrictions on |
25 | | the use of grant moneys; (iv) the manner in which the various |
26 | | higher education institutions must account for the use of grant |
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1 | | moneys; and (v) any other provision that the Illinois Emergency |
2 | | Management Agency determines to be necessary or useful for the |
3 | | administration of this subsection (g). |
4 | | (h) Except as provided in Section 17.5 of this Act, any |
5 | | moneys received by the Agency from donations or sponsorships |
6 | | shall be deposited in the Emergency Planning and Training Fund |
7 | | and used by the Agency, subject to appropriation, to effectuate |
8 | | planning and training activities. |
9 | | (Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09; |
10 | | 96-1000, eff. 7-2-10.)
|
11 | | (20 ILCS 3305/8) (from Ch. 127, par. 1058)
|
12 | | Sec. 8. Mobile Support Teams.
|
13 | | (a) The Governor or Director may cause to
be created Mobile |
14 | | Support Teams to aid and to reinforce the Illinois Emergency
|
15 | | Management Agency, and emergency services and disaster
|
16 | | agencies in areas stricken by
disaster.
Each mobile
support |
17 | | team shall have a leader, selected by the Director who will be
|
18 | | responsible, under the direction and control of the Director, |
19 | | for the organization,
administration, and training, and |
20 | | operation of the mobile support team.
|
21 | | (b) Personnel of a mobile support team while on duty |
22 | | pursuant to
such a
call or while engaged in regularly scheduled |
23 | | training or exercises, whether
within or without the State, |
24 | | shall either:
|
25 | | (1) If they are paid employees of the State, have the |
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1 | | powers, duties,
rights, privileges and immunities and |
2 | | receive the compensation incidental
to their employment.
|
3 | | (2) If they are paid employees of a political |
4 | | subdivision or body
politic of this State, and whether |
5 | | serving within or without that political
subdivision or |
6 | | body politic, have the powers, duties, rights, privileges
|
7 | | and immunities, and receive the compensation incidental to |
8 | | their
employment.
|
9 | | (3) If they are not employees of the State, political |
10 | | subdivision or
body politic, or being such employees, are |
11 | | not normally paid for their
services, be entitled to at |
12 | | least one dollar per year compensation from the
State.
|
13 | | Personnel of a mobile support team who suffer disease, |
14 | | injury or
death arising out of or in the course of emergency |
15 | | duty, shall
for the purposes
of benefits under the Workers' |
16 | | Compensation Act or Workers' Occupational
Diseases Act only, be |
17 | | deemed to be employees of this State.
If the person diseased, |
18 | | injured or killed is an employee described in
item (3) above, |
19 | | the computation of benefits payable under
either of those Acts |
20 | | shall be based on income commensurate with comparable
State |
21 | | employees doing the same type of work or income from the |
22 | | person's
regular employment, whichever is greater.
|
23 | | All personnel of mobile support teams shall, while on duty |
24 | | under
such call, be reimbursed by this State for all actual and |
25 | | necessary travel
and subsistence expenses.
|
26 | | (c) The State shall reimburse each political subdivision
or |
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1 | | body politic from the Disaster Response and Recovery Relief |
2 | | Fund for the compensation paid and
the actual and necessary
|
3 | | travel, subsistence and maintenance expenses of paid employees |
4 | | of the
political subdivision or body politic while serving,
|
5 | | outside of its geographical boundaries pursuant to such a call, |
6 | | as members of
a mobile support team, and for all payments made |
7 | | for death, disease or injury
of those paid employees arising |
8 | | out of and incurred in the course of that
duty, and for all |
9 | | losses of or damage to supplies and equipment of the political
|
10 | | subdivision or body politic resulting from the
operations.
|
11 | | (d) Whenever mobile support teams or units of another |
12 | | state, while
the Governor has the emergency powers provided for |
13 | | under Section 7 of this
Act, render aid to this State under the |
14 | | orders of the Governor of
its home state and upon the request |
15 | | of the Governor of this State, all
questions relating to |
16 | | reimbursement by this State to the other state and its
citizens |
17 | | in regard to the assistance so rendered shall be determined by |
18 | | the
mutual aid agreements or interstate compacts described in |
19 | | subparagraph (5)
of paragraph (c) of
Section 6 as are existing |
20 | | at the time of the assistance rendered or are
entered into |
21 | | thereafter
and under Section 303 (d) of the Federal Civil |
22 | | Defense
Act of 1950.
|
23 | | (e) No personnel of mobile support teams of this State may |
24 | | be
ordered by the Governor to operate in any other state unless |
25 | | a request for
the same has been made by the Governor or duly |
26 | | authorized representative
of the other state.
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1 | | (Source: P.A. 92-73, eff. 1-1-02.)
|
2 | | (20 ILCS 3305/9) (from Ch. 127, par. 1059)
|
3 | | Sec. 9. Financing.
|
4 | | (a) It is the intent of the Legislature
and declared to be |
5 | | the policy of the State that funds to meet disasters
shall |
6 | | always be available.
|
7 | | (b) It is the legislative intent that the first recourse |
8 | | shall be to funds
regularly appropriated to State and political |
9 | | subdivision departments and
agencies. If the Governor finds |
10 | | that
the demands placed upon these funds in coping with a |
11 | | particular disaster are
unreasonably great, the Governor may |
12 | | make funds available from the
Disaster Response and Recovery |
13 | | Relief Fund.
If
monies available from the Fund are |
14 | | insufficient, and if the Governor finds
that other sources of |
15 | | money to cope with the disaster are not available or are
|
16 | | insufficient, the Governor
shall request the
General Assembly |
17 | | to enact legislation as it may deem necessary to transfer
and |
18 | | expend monies appropriated for other purposes or
borrow, for a |
19 | | term not to exceed 2 years from the United
States government or |
20 | | other public or private source. If
the General Assembly is
not |
21 | | sitting in regular session to enact
such legislation for the |
22 | | transfer, expenditure or loan of
such monies, and the President |
23 | | of the Senate and the Speaker of the House
certify that the |
24 | | Senate and House are not in session, the Governor is
authorized |
25 | | to carry out those
decisions, by depositing transfers or loan |
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1 | | proceeds into and making
expenditures from the Disaster |
2 | | Response and Recovery Relief Fund, until such time as a quorum |
3 | | of
the General Assembly can convene
in a regular or |
4 | | extraordinary session.
The General Assembly shall, to the |
5 | | extent moneys become available, restore
moneys used from other |
6 | | sources under this Section.
|
7 | | (c) Nothing contained in this Section shall be construed to
|
8 | | limit the Governor's authority to apply for, administer and |
9 | | expend grants,
gifts or payments in aid of disaster mitigation, |
10 | | preparedness, response or
recovery.
|
11 | | (Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)
|
12 | | Section 20. The Emergency Management Assistance Compact |
13 | | Act is amended by adding Section 10 as follows: |
14 | | (45 ILCS 151/10 new) |
15 | | Sec. 10. Reimbursements and expenses. The Illinois |
16 | | Emergency Management Agency as the authorized representative |
17 | | of the State may use the Disaster Response and Recovery Fund to |
18 | | deposit any reimbursements received from a party state and to |
19 | | pay any expenses incurred relating to this Act. |
20 | | Section 25. The Counties Code is amended by adding Sections |
21 | | 3-7018 and 3-6040 as follows: |
22 | | (55 ILCS 5/3-6040 new) |
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1 | | Sec. 3-6040. Zero impairment alcohol policy. |
2 | | (a) Every sheriff's office shall have an alcohol impairment |
3 | | policy for on-duty deputy sheriffs in place.
The preferable |
4 | | standard for an alcohol impairment policy for on-duty deputy |
5 | | sheriffs is 0.00% blood alcohol content. |
6 | | (b) Nothing in this Section shall preclude the sheriff from |
7 | | entering into collective bargaining agreements with additional |
8 | | terms that govern alcohol testing of on-duty deputy sheriffs; |
9 | | however, in no case shall the sheriff adopt an alcohol |
10 | | impairment policy for on-duty deputy sheriffs permitting |
11 | | greater than 0.021% blood alcohol content. |
12 | | (c) An "on-duty deputy sheriff" is defined as a deputy |
13 | | sheriff reporting for normally scheduled duty. |
14 | | (d) To the extent this Section conflicts with a collective |
15 | | bargaining agreement in effect on the effective date of this |
16 | | amendatory Act of the 98th General Assembly, the conflicting |
17 | | provision of this Section shall not apply until that collective |
18 | | bargaining agreement expires, or is renewed, renegotiated, or |
19 | | superseded. |
20 | | (55 ILCS 5/3-7018 new) |
21 | | Sec. 3-7018. Zero impairment alcohol policy. |
22 | | (a) The Cook County Sheriff's office shall have an alcohol |
23 | | impairment policy for on-duty Cook County deputy sheriffs in |
24 | | place.
The preferable standard for an alcohol impairment policy |
25 | | for on-duty Cook County deputy sheriffs is 0.00% blood alcohol |
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1 | | content. |
2 | | (b) Nothing in this Section shall preclude the Cook County |
3 | | Sheriff from entering into collective bargaining agreements |
4 | | with additional terms that govern alcohol testing of on-duty |
5 | | Cook County deputy sheriffs; however, in no case shall the Cook |
6 | | County Sheriff adopt an alcohol impairment policy for on-duty |
7 | | Cook County deputy sheriffs permitting greater than 0.021% |
8 | | blood alcohol content. |
9 | | (c) An "on-duty Cook County deputy sheriff" shall be |
10 | | defined as a Cook County deputy sheriff reporting for normally |
11 | | scheduled duty. |
12 | | (d) To the extent this Section conflicts with a collective |
13 | | bargaining agreement in effect on the effective date of this |
14 | | amendatory Act of the 98th General Assembly, the conflicting |
15 | | provision of this Section shall not apply until that collective |
16 | | bargaining agreement expires, or is renewed, renegotiated, or |
17 | | superseded. |
18 | | (e) A home rule unit may not regulate alcohol impairment |
19 | | policies for on-duty Cook County deputy sheriffs in a manner |
20 | | that is inconsistent with this Section. This Section is a |
21 | | limitation under subsection (i) of Section 6 of Article VII of |
22 | | the Illinois Constitution on the concurrent exercise by home |
23 | | rule units of power and functions exercised by the State. |
24 | | Section 30. The Illinois Municipal Code is amended by |
25 | | adding Section 10-3-13 as follows: |
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1 | | (65 ILCS 5/10-3-13 new) |
2 | | Sec. 10-3-13. Zero impairment alcohol policy. |
3 | | (a) Every municipal police department shall have an alcohol |
4 | | impairment policy for on-duty policemen in place.
The |
5 | | preferable standard for an alcohol impairment policy for |
6 | | on-duty policemen is 0.00% blood alcohol content. |
7 | | (b) Nothing in this Section shall preclude the chief of |
8 | | police from entering into collective bargaining agreements |
9 | | with additional terms that govern alcohol testing of on-duty |
10 | | policemen; however, in no case shall the chief of police adopt |
11 | | an alcohol impairment policy for on-duty policemen permitting |
12 | | greater than 0.021% blood alcohol content. |
13 | | (c) An "on-duty policeman" shall be defined as a policeman |
14 | | reporting for normally scheduled duty. |
15 | | (d) To the extent this Section conflicts with a collective |
16 | | bargaining agreement in effect on the effective date of this |
17 | | amendatory Act of the 98th General Assembly, the conflicting |
18 | | provision of this Section shall not apply until that collective |
19 | | bargaining agreement expires, or is renewed, renegotiated, or |
20 | | superseded. |
21 | | (e) A home rule unit may not regulate alcohol impairment |
22 | | policies for on-duty policemen in a manner that is inconsistent |
23 | | with this Section. This Section is a limitation under |
24 | | subsection (i) of Section 6 of Article VII of the Illinois |
25 | | Constitution on the concurrent exercise by home rule units of |
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1 | | power and functions exercised by the State. |
2 | | Section 35. The Illinois Emergency Planning and Community |
3 | | Right to Know Act is amended by changing Section 18 as follows:
|
4 | | (430 ILCS 100/18) (from Ch. 111 1/2, par. 7718)
|
5 | | Sec. 18. Penalties.
|
6 | | (a) Any person who violates any requirement of
Section 9, |
7 | | 10, 11, 12, or 14 of this Act shall be liable for a civil
|
8 | | penalty in an amount not to exceed $25,000 for each violation. |
9 | | In the case
of a second or subsequent violation of Section 10, |
10 | | the civil penalty shall
not exceed $75,000 for each day during |
11 | | which the violation continues.
|
12 | | (b) Any person who knowingly fails to provide immediate |
13 | | notification of
a release in violation of Section 10 of this |
14 | | Act, shall be guilty of a
Class 4 felony, and in addition to |
15 | | any other penalty prescribed by law is
subject to a fine not to |
16 | | exceed $25,000 for each day of the violation. In
the case of a |
17 | | second or subsequent conviction, the person shall be guilty
of |
18 | | a Class 3 felony, and in addition to any other penalty |
19 | | prescribed by law
is subject to a fine not to exceed $50,000 |
20 | | for each day of the violation.
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21 | | (c) All civil penalties and fines collected under this |
22 | | Section
shall be deposited in the Emergency Planning and |
23 | | Training Fund, which that is
hereby created as a special fund |
24 | | in the State Treasury, and may shall be used
by IEMA, pursuant |
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1 | | to appropriation, for its activities arising under this
Act and |
2 | | the Federal Act, including providing financial support for |
3 | | local
emergency planning committees and for training |
4 | | initiatives authorized by
IEMA.
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5 | | (Source: P.A. 86-449; 87-168.)
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6 | | Section 40. The Illinois Vehicle Code is amended by adding |
7 | | Section 2-116.5 as follows: |
8 | | (625 ILCS 5/2-116.5 new) |
9 | | Sec. 2-116.5. Zero impairment alcohol policy. |
10 | | (a) The Secretary shall have an alcohol impairment policy |
11 | | for on-duty State Department of Police officers in place.
The |
12 | | preferable standard for an alcohol impairment policy for |
13 | | on-duty State Department of Police officers is 0.00% blood |
14 | | alcohol content. |
15 | | (b) Nothing in this Section shall preclude the Secretary |
16 | | from entering into collective bargaining agreements with |
17 | | additional terms that govern alcohol testing of on-duty State |
18 | | Department of Police officers; however, in no case shall the |
19 | | Secretary adopt an alcohol impairment policy for on-duty State |
20 | | Department of Police officers permitting greater than 0.021% |
21 | | blood alcohol content. |
22 | | (c) An "on-duty State Department of Police officer" shall |
23 | | be defined as a State Department of Police officer reporting |
24 | | for normally scheduled duty. |
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1 | | (d) To the extent this Section conflicts with a collective |
2 | | bargaining agreement in effect on the effective date of this |
3 | | amendatory Act of the 98th General Assembly, the conflicting |
4 | | provision of this Section shall not apply until that collective |
5 | | bargaining agreement expires, or is renewed, renegotiated, or |
6 | | superseded. |
7 | | Section 99. Effective date. This Act takes effect upon |
8 | | becoming law.".
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