Full Text of HB3035 98th General Assembly
HB3035sam006 98TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 5/21/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3035
| 2 | | AMENDMENT NO. ______. Amend House Bill 3035 as follows:
| 3 | | on page 2, in line 3, by replacing "Section 8" with "Sections | 4 | | 5, 8,"; and | 5 | | on page 2, immediately below line 3, by inserting the | 6 | | following:
| 7 | | "(20 ILCS 3305/5) (from Ch. 127, par. 1055)
| 8 | | Sec. 5. Illinois Emergency Management Agency.
| 9 | | (a) There is created within the executive branch of the | 10 | | State Government an
Illinois Emergency Management Agency and a | 11 | | Director of the Illinois Emergency
Management Agency, herein | 12 | | called the "Director" who shall be the head thereof.
The | 13 | | Director shall be appointed by the Governor, with the advice | 14 | | and consent of
the Senate, and shall serve for a term of 2 | 15 | | years beginning on the third Monday
in January of the |
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| 1 | | odd-numbered year, and until a successor is appointed and
has | 2 | | qualified; except that the term of the first Director appointed | 3 | | under this
Act shall expire on the third Monday in January, | 4 | | 1989. The Director shall not
hold any other remunerative public | 5 | | office. The Director shall receive an annual
salary as set by | 6 | | the
Compensation Review Board.
| 7 | | (b) The Illinois Emergency Management Agency shall obtain, | 8 | | under the
provisions of the Personnel Code, technical, | 9 | | clerical, stenographic and other
administrative personnel, and | 10 | | may make expenditures within the appropriation
therefor as may | 11 | | be necessary to carry out the purpose of this Act. The agency
| 12 | | created by this Act is intended to be a successor to the agency | 13 | | created under
the Illinois Emergency Services and Disaster | 14 | | Agency Act of 1975 and the
personnel, equipment, records, and | 15 | | appropriations of that agency are
transferred to the successor | 16 | | agency as of the effective date of this Act.
| 17 | | (c) The Director, subject to the direction and control of | 18 | | the Governor,
shall be the executive head of the Illinois | 19 | | Emergency Management Agency and
the State Emergency Response | 20 | | Commission and shall be responsible under the
direction of the | 21 | | Governor, for carrying out the program for emergency
management | 22 | | of this State. The Director shall also maintain liaison
and | 23 | | cooperate with
the emergency management organizations of this | 24 | | State and other states and of
the federal government.
| 25 | | (d) The Illinois Emergency Management Agency shall take an | 26 | | integral part in
the development and revision of political |
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| 1 | | subdivision emergency operations
plans prepared under | 2 | | paragraph (f) of Section 10. To this end it shall employ
or | 3 | | otherwise secure the services of professional and technical | 4 | | personnel
capable of providing expert assistance to the | 5 | | emergency services and disaster
agencies. These personnel | 6 | | shall consult with emergency services and disaster
agencies on | 7 | | a regular basis and shall make field examinations of the areas,
| 8 | | circumstances, and conditions that particular political | 9 | | subdivision emergency
operations plans are intended to apply.
| 10 | | (e) The Illinois Emergency Management Agency and political | 11 | | subdivisions
shall be encouraged to form an emergency | 12 | | management advisory committee composed
of private and public | 13 | | personnel representing the emergency management phases of
| 14 | | mitigation, preparedness, response, and recovery.
The Local | 15 | | Emergency Planning Committee, as created under the Illinois
| 16 | | Emergency
Planning and Community Right to Know Act, shall serve | 17 | | as
an advisory
committee to the emergency services and disaster | 18 | | agency or agencies serving
within the boundaries
of that Local | 19 | | Emergency Planning Committee planning district for:
| 20 | | (1) the development of emergency operations plan | 21 | | provisions for hazardous
chemical
emergencies; and
| 22 | | (2) the assessment of emergency response capabilities | 23 | | related to hazardous
chemical
emergencies.
| 24 | | (f) The Illinois Emergency Management Agency shall:
| 25 | | (1) Coordinate the overall emergency management | 26 | | program of the State.
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| 1 | | (2) Cooperate with local governments, the federal | 2 | | government and any
public or private agency or entity in | 3 | | achieving any purpose of this Act and
in implementing | 4 | | emergency management programs for mitigation, | 5 | | preparedness,
response, and recovery.
| 6 | | (2.5) Develop a comprehensive emergency preparedness | 7 | | and response plan for any nuclear
accident in accordance | 8 | | with Section 65 of the Department of Nuclear Safety
Law of | 9 | | 2004 (20 ILCS 3310) and in development of the
Illinois
| 10 | | Nuclear Safety Preparedness program in accordance with | 11 | | Section 8 of the
Illinois Nuclear Safety Preparedness Act.
| 12 | | (2.6) Coordinate with the Department of Public Health
| 13 | | with respect to planning for and responding to public | 14 | | health emergencies.
| 15 | | (3) Prepare, for issuance by the Governor, executive | 16 | | orders,
proclamations, and regulations as necessary or | 17 | | appropriate in coping with
disasters.
| 18 | | (4) Promulgate rules and requirements for political | 19 | | subdivision
emergency operations plans that are not | 20 | | inconsistent with and are at least
as stringent as | 21 | | applicable federal laws and regulations.
| 22 | | (5) Review and approve, in accordance with Illinois | 23 | | Emergency Management
Agency rules, emergency operations
| 24 | | plans for those political subdivisions required to have an | 25 | | emergency services
and disaster agency pursuant to this | 26 | | Act.
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| 1 | | (5.5) Promulgate rules and requirements for the | 2 | | political subdivision
emergency management
exercises, | 3 | | including, but not limited to, exercises of the emergency | 4 | | operations
plans.
| 5 | | (5.10) Review, evaluate, and approve, in accordance | 6 | | with Illinois
Emergency
Management
Agency rules, political | 7 | | subdivision emergency management exercises for those
| 8 | | political subdivisions
required to have an emergency | 9 | | services and disaster agency pursuant to this
Act.
| 10 | | (6) Determine requirements of the State and its | 11 | | political
subdivisions
for food, clothing, and other | 12 | | necessities in event of a disaster.
| 13 | | (7) Establish a register of persons with types of | 14 | | emergency
management
training and skills in mitigation, | 15 | | preparedness, response, and recovery.
| 16 | | (8) Establish a register of government and private | 17 | | response
resources
available for use in a disaster.
| 18 | | (9) Expand the Earthquake Awareness Program and its | 19 | | efforts to
distribute earthquake preparedness materials to | 20 | | schools, political
subdivisions, community groups, civic | 21 | | organizations, and the media.
Emphasis will be placed on | 22 | | those areas of the State most at risk from an
earthquake. | 23 | | Maintain the list of all school districts, hospitals,
| 24 | | airports, power plants, including nuclear power plants, | 25 | | lakes, dams,
emergency response facilities of all types, | 26 | | and all other major public or
private structures which are |
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| 1 | | at the greatest risk of damage from
earthquakes under | 2 | | circumstances where the damage would cause subsequent
harm | 3 | | to the surrounding communities and residents.
| 4 | | (10) Disseminate all information, completely and | 5 | | without
delay, on water
levels for rivers and streams and | 6 | | any other data pertaining to potential
flooding supplied by | 7 | | the Division of Water Resources within the Department of
| 8 | | Natural Resources to all political subdivisions to the | 9 | | maximum extent possible.
| 10 | | (11) Develop agreements, if feasible, with medical | 11 | | supply and
equipment
firms to
supply resources as are | 12 | | necessary to respond to an earthquake or any other
disaster | 13 | | as defined in this Act. These resources will be made | 14 | | available
upon notifying the vendor of the disaster. | 15 | | Payment for the resources will
be in accordance with | 16 | | Section 7 of this Act. The Illinois Department of
Public | 17 | | Health shall determine which resources will be required and | 18 | | requested.
| 19 | | (11.5) In coordination with the Department of State | 20 | | Police, develop and
implement a community outreach program | 21 | | to promote awareness among the State's
parents and children | 22 | | of child abduction prevention and response.
| 23 | | (12) Out of funds appropriated for these purposes, | 24 | | award capital and
non-capital grants to Illinois hospitals | 25 | | or health care facilities located
outside of a city with a | 26 | | population in excess of 1,000,000 to be used for
purposes |
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| 1 | | that include, but are not limited to, preparing to respond | 2 | | to mass
casualties and disasters, maintaining and | 3 | | improving patient safety and
quality of care, and | 4 | | protecting the confidentiality of patient information.
No | 5 | | single grant for a capital expenditure shall exceed | 6 | | $300,000.
No single grant for a non-capital expenditure | 7 | | shall exceed $100,000.
In awarding such grants, preference | 8 | | shall be given to hospitals that serve
a significant number | 9 | | of Medicaid recipients, but do not qualify for
| 10 | | disproportionate share hospital adjustment payments under | 11 | | the Illinois Public
Aid Code. To receive such a grant, a | 12 | | hospital or health care facility must
provide funding of at | 13 | | least 50% of the cost of the project for which the grant
is | 14 | | being requested.
In awarding such grants the Illinois | 15 | | Emergency Management Agency shall consider
the | 16 | | recommendations of the Illinois Hospital Association.
| 17 | | (13) Do all other things necessary, incidental or | 18 | | appropriate
for the implementation of this Act.
| 19 | | (g) The Illinois Emergency Management Agency is authorized | 20 | | to make grants to various higher education institutions for | 21 | | safety and security improvements. For the purpose of this | 22 | | subsection (g), "higher education institution" means a public | 23 | | university, a public community college, or an independent, | 24 | | not-for-profit or for-profit higher education institution | 25 | | located in this State. Grants made under this subsection (g) | 26 | | shall be paid out of moneys appropriated for that purpose from |
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| 1 | | the Build Illinois Bond Fund. The Illinois Emergency Management | 2 | | Agency shall adopt rules to implement this subsection (g). | 3 | | These rules may specify: (i) the manner of applying for grants; | 4 | | (ii) project eligibility requirements; (iii) restrictions on | 5 | | the use of grant moneys; (iv) the manner in which the various | 6 | | higher education institutions must account for the use of grant | 7 | | moneys; and (v) any other provision that the Illinois Emergency | 8 | | Management Agency determines to be necessary or useful for the | 9 | | administration of this subsection (g). | 10 | | (h) Except as provided in Section 17.5 of this Act, any | 11 | | moneys received by the Agency from donations or sponsorships | 12 | | shall be deposited in the Emergency Planning and Training Fund | 13 | | and used by the Agency, subject to appropriation, to effectuate | 14 | | planning and training activities. | 15 | | (Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09; | 16 | | 96-1000, eff. 7-2-10.)"; and
| 17 | | on page 6, immediately below line 13, by inserting the | 18 | | following: | 19 | | "Section 20. The Illinois Emergency Planning and Community | 20 | | Right to Know Act is amended by changing Section 18 as follows:
| 21 | | (430 ILCS 100/18) (from Ch. 111 1/2, par. 7718)
| 22 | | Sec. 18. Penalties.
| 23 | | (a) Any person who violates any requirement of
Section 9, |
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| 1 | | 10, 11, 12, or 14 of this Act shall be liable for a civil
| 2 | | penalty in an amount not to exceed $25,000 for each violation. | 3 | | In the case
of a second or subsequent violation of Section 10, | 4 | | the civil penalty shall
not exceed $75,000 for each day during | 5 | | which the violation continues.
| 6 | | (b) Any person who knowingly fails to provide immediate | 7 | | notification of
a release in violation of Section 10 of this | 8 | | Act, shall be guilty of a
Class 4 felony, and in addition to | 9 | | any other penalty prescribed by law is
subject to a fine not to | 10 | | exceed $25,000 for each day of the violation. In
the case of a | 11 | | second or subsequent conviction, the person shall be guilty
of | 12 | | a Class 3 felony, and in addition to any other penalty | 13 | | prescribed by law
is subject to a fine not to exceed $50,000 | 14 | | for each day of the violation.
| 15 | | (c) All civil penalties and fines collected under this | 16 | | Section
shall be deposited in the Emergency Planning and | 17 | | Training Fund, which that is
hereby created as a special fund | 18 | | in the State Treasury, and may shall be used
by IEMA, pursuant | 19 | | to appropriation, for its activities arising under this
Act and | 20 | | the Federal Act, including providing financial support for | 21 | | local
emergency planning committees and for training | 22 | | initiatives authorized by
IEMA.
| 23 | | (Source: P.A. 86-449; 87-168.)".
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