Illinois General Assembly - Full Text of HB4011
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Full Text of HB4011  100th General Assembly


Sen. Ira I. Silverstein

Filed: 5/16/2017





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2    AMENDMENT NO. ______. Amend House Bill 4011 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Emergency Management Agency Act is
5amended by changing Section 5 as follows:
6    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
7    Sec. 5. Illinois Emergency Management Agency.
8    (a) There is created within the executive branch of the
9State Government an Illinois Emergency Management Agency and a
10Director of the Illinois Emergency Management Agency, herein
11called the "Director" who shall be the head thereof. The
12Director shall be appointed by the Governor, with the advice
13and consent of the Senate, and shall serve for a term of 2
14years beginning on the third Monday in January of the
15odd-numbered year, and until a successor is appointed and has
16qualified; except that the term of the first Director appointed



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1under this Act shall expire on the third Monday in January,
21989. The Director shall not hold any other remunerative public
3office. The Director shall receive an annual salary as set by
4the Compensation Review Board.
5    (b) The Illinois Emergency Management Agency shall obtain,
6under the provisions of the Personnel Code, technical,
7clerical, stenographic and other administrative personnel, and
8may make expenditures within the appropriation therefor as may
9be necessary to carry out the purpose of this Act. The agency
10created by this Act is intended to be a successor to the agency
11created under the Illinois Emergency Services and Disaster
12Agency Act of 1975 and the personnel, equipment, records, and
13appropriations of that agency are transferred to the successor
14agency as of the effective date of this Act.
15    (c) The Director, subject to the direction and control of
16the Governor, shall be the executive head of the Illinois
17Emergency Management Agency and the State Emergency Response
18Commission and shall be responsible under the direction of the
19Governor, for carrying out the program for emergency management
20of this State. The Director shall also maintain liaison and
21cooperate with the emergency management organizations of this
22State and other states and of the federal government.
23    (d) The Illinois Emergency Management Agency shall take an
24integral part in the development and revision of political
25subdivision emergency operations plans prepared under
26paragraph (f) of Section 10. To this end it shall employ or



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1otherwise secure the services of professional and technical
2personnel capable of providing expert assistance to the
3emergency services and disaster agencies. These personnel
4shall consult with emergency services and disaster agencies on
5a regular basis and shall make field examinations of the areas,
6circumstances, and conditions that particular political
7subdivision emergency operations plans are intended to apply.
8    (e) The Illinois Emergency Management Agency and political
9subdivisions shall be encouraged to form an emergency
10management advisory committee composed of private and public
11personnel representing the emergency management phases of
12mitigation, preparedness, response, and recovery. The Local
13Emergency Planning Committee, as created under the Illinois
14Emergency Planning and Community Right to Know Act, shall serve
15as an advisory committee to the emergency services and disaster
16agency or agencies serving within the boundaries of that Local
17Emergency Planning Committee planning district for:
18        (1) the development of emergency operations plan
19    provisions for hazardous chemical emergencies; and
20        (2) the assessment of emergency response capabilities
21    related to hazardous chemical emergencies.
22    (f) The Illinois Emergency Management Agency shall:
23        (1) Coordinate the overall emergency management
24    program of the State.
25        (2) Cooperate with local governments, the federal
26    government and any public or private agency or entity in



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1    achieving any purpose of this Act and in implementing
2    emergency management programs for mitigation,
3    preparedness, response, and recovery.
4        (2.5) Develop a comprehensive emergency preparedness
5    and response plan for any nuclear accident in accordance
6    with Section 65 of the Department of Nuclear Safety Law of
7    2004 (20 ILCS 3310) and in development of the Illinois
8    Nuclear Safety Preparedness program in accordance with
9    Section 8 of the Illinois Nuclear Safety Preparedness Act.
10        (2.6) Coordinate with the Department of Public Health
11    with respect to planning for and responding to public
12    health emergencies.
13        (3) Prepare, for issuance by the Governor, executive
14    orders, proclamations, and regulations as necessary or
15    appropriate in coping with disasters.
16        (4) Promulgate rules and requirements for political
17    subdivision emergency operations plans that are not
18    inconsistent with and are at least as stringent as
19    applicable federal laws and regulations.
20        (5) Review and approve, in accordance with Illinois
21    Emergency Management Agency rules, emergency operations
22    plans for those political subdivisions required to have an
23    emergency services and disaster agency pursuant to this
24    Act.
25        (5.5) Promulgate rules and requirements for the
26    political subdivision emergency management exercises,



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1    including, but not limited to, exercises of the emergency
2    operations plans.
3        (5.10) Review, evaluate, and approve, in accordance
4    with Illinois Emergency Management Agency rules, political
5    subdivision emergency management exercises for those
6    political subdivisions required to have an emergency
7    services and disaster agency pursuant to this Act.
8        (6) Determine requirements of the State and its
9    political subdivisions for food, clothing, and other
10    necessities in event of a disaster.
11        (7) Establish a register of persons with types of
12    emergency management training and skills in mitigation,
13    preparedness, response, and recovery.
14        (8) Establish a register of government and private
15    response resources available for use in a disaster.
16        (9) Expand the Earthquake Awareness Program and its
17    efforts to distribute earthquake preparedness materials to
18    schools, political subdivisions, community groups, civic
19    organizations, and the media. Emphasis will be placed on
20    those areas of the State most at risk from an earthquake.
21    Maintain the list of all school districts, hospitals,
22    airports, power plants, including nuclear power plants,
23    lakes, dams, emergency response facilities of all types,
24    and all other major public or private structures which are
25    at the greatest risk of damage from earthquakes under
26    circumstances where the damage would cause subsequent harm



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1    to the surrounding communities and residents.
2        (10) Disseminate all information, completely and
3    without delay, on water levels for rivers and streams and
4    any other data pertaining to potential flooding supplied by
5    the Division of Water Resources within the Department of
6    Natural Resources to all political subdivisions to the
7    maximum extent possible.
8        (11) Develop agreements, if feasible, with medical
9    supply and equipment firms to supply resources as are
10    necessary to respond to an earthquake or any other disaster
11    as defined in this Act. These resources will be made
12    available upon notifying the vendor of the disaster.
13    Payment for the resources will be in accordance with
14    Section 7 of this Act. The Illinois Department of Public
15    Health shall determine which resources will be required and
16    requested.
17        (11.5) In coordination with the Department of State
18    Police, develop and implement a community outreach program
19    to promote awareness among the State's parents and children
20    of child abduction prevention and response.
21        (12) Out of funds appropriated for these purposes,
22    award capital and non-capital grants to Illinois hospitals
23    or health care facilities located outside of a city with a
24    population in excess of 1,000,000 to be used for purposes
25    that include, but are not limited to, preparing to respond
26    to mass casualties and disasters, maintaining and



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1    improving patient safety and quality of care, and
2    protecting the confidentiality of patient information. No
3    single grant for a capital expenditure shall exceed
4    $300,000. No single grant for a non-capital expenditure
5    shall exceed $100,000. In awarding such grants, preference
6    shall be given to hospitals that serve a significant number
7    of Medicaid recipients, but do not qualify for
8    disproportionate share hospital adjustment payments under
9    the Illinois Public Aid Code. To receive such a grant, a
10    hospital or health care facility must provide funding of at
11    least 50% of the cost of the project for which the grant is
12    being requested. In awarding such grants the Illinois
13    Emergency Management Agency shall consider the
14    recommendations of the Illinois Hospital Association.
15        (13) Do all other things necessary, incidental or
16    appropriate for the implementation of this Act.
17    (g) The Illinois Emergency Management Agency is authorized
18to make grants to various higher education institutions, public
19K-12 school districts, area vocational centers as designated by
20the State Board of Education, inter-district special education
21cooperatives, regional safe schools, and nonpublic K-12
22schools for safety and security improvements. For the purpose
23of this subsection (g), "higher education institution" means a
24public university, a public community college, or an
25independent, not-for-profit or for-profit higher education
26institution located in this State. Grants made under this



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1subsection (g) shall be paid out of moneys appropriated for
2that purpose from the Build Illinois Bond Fund. The Illinois
3Emergency Management Agency shall adopt rules to implement this
4subsection (g). These rules may specify: (i) the manner of
5applying for grants; (ii) project eligibility requirements;
6(iii) restrictions on the use of grant moneys; (iv) the manner
7in which the various higher education institutions must account
8for the use of grant moneys; and (v) any other provision that
9the Illinois Emergency Management Agency determines to be
10necessary or useful for the administration of this subsection
12    (g-5) The Illinois Emergency Management Agency is
13authorized to make grants or otherwise provide assistance to,
14on an emergency basis, not-for-profit organizations which are
15exempt from federal income taxation under section 501(c)(3) of
16the Federal Internal Revenue Code for eligible security
17improvements that assist the organization in preventing,
18preparing for, or responding to acts of terrorism. The Director
19shall establish procedures and forms by which applicants may
20apply for a grant, and procedures for distributing grants to
21recipients. The procedures shall require each applicant to do
22the following:
23        (1) identify and substantiate prior threats or attacks
24    by a terrorist organization, network, or cell against the
25    not-for-profit organization;
26        (2) indicate the symbolic or strategic value of one or



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1    more sites that renders the site a possible target of
2    terrorism;
3        (3) discuss potential consequences to the organization
4    if the site is damaged, destroyed, or disrupted by a
5    terrorist act;
6        (4) describe how the grant will be used to integrate
7    organizational preparedness with broader State and local
8    preparedness efforts;
9        (5) submit a vulnerability assessment conducted by
10    experienced security, law enforcement, or military
11    personnel, and a description of how the grant award will be
12    used to address the vulnerabilities identified in the
13    assessment; and
14        (6) submit any other relevant information as may be
15    required by the Director.
16    The amount and distribution of grant funds provided to
17applicants under this subsection (g-5) shall be wholly within
18the discretion of the Director. Upon request of the Director, a
19State agency shall provide the Director with assistance in
20administering the grants.
21    (h) Except as provided in Section 17.5 of this Act, any
22moneys received by the Agency from donations or sponsorships
23shall be deposited in the Emergency Planning and Training Fund
24and used by the Agency, subject to appropriation, to effectuate
25planning and training activities.
26(Source: P.A. 98-465, eff. 8-16-13; 98-664, eff. 6-23-14.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".