97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4111

 

Introduced , by Rep. Lisa M. Dugan

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/10  from Ch. 127, par. 1060
20 ILCS 3305/20  from Ch. 127, par. 1070
20 ILCS 3305/23 new
55 ILCS 5/Div. 3-16 heading new
55 ILCS 5/3-16001 new
65 ILCS 5/Div. 10-6 heading new
65 ILCS 5/10-6-1 new

    Amends the Illinois Emergency Management Agency Act. Removes provisions concerning the employment status of disaster volunteers for purposes of worker's compensation. Provides that specified sworn disaster volunteers who assist the Illinois Emergency Management Agency without compensation, other than reimbursement for travel, lodging, or meals, shall be considered an employee of the Agency under the Workers' Compensation Act or Workers' Occupational Diseases Act for purposes of any claims related to the assistance provided. Further provides that a specified delegate may administer a required oath to personnel. Sets requirements concerning the filing of the oath. Makes other changes. Amends the Counties Code and the Illinois Municipal Code. Provides that specified sworn disaster volunteers who assist an emergency services and disaster agency may be covered by the county or municipality, as applicable, if it has elected to provide coverage, as an employee under the Workers' Compensation Act or Workers' Occupational Diseases Act for purposes of any claim related to the assistance provided. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local 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 Sections 10 and 20 and by adding Section 23
6as follows:
 
7    (20 ILCS 3305/10)  (from Ch. 127, par. 1060)
8    Sec. 10. Emergency Services and Disaster Agencies.
9    (a) Each political subdivision within this State shall be
10within the jurisdiction of and served by the Illinois Emergency
11Management Agency and by an emergency services and disaster
12agency responsible for emergency management programs. A
13township, if the township is in a county having a population of
14more than 2,000,000, must have approval of the county
15coordinator before establishment of a township emergency
16services and disaster agency.
17    (b) Unless multiple county emergency services and disaster
18agency consolidation is authorized by the Illinois Emergency
19Management Agency with the consent of the respective counties,
20each county shall maintain an emergency services and disaster
21agency that has jurisdiction over and serves the entire county,
22except as otherwise provided under this Act and except that in
23any county with a population of over 3,000,000 containing a

 

 

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1municipality with a population of over 500,000 the jurisdiction
2of the county agency shall not extend to the municipality when
3the municipality has established its own agency.
4    (c) Each municipality with a population of over 500,000
5shall maintain an emergency services and disaster agency which
6has jurisdiction over and serves the entire municipality. A
7municipality with a population less than 500,000 may establish,
8by ordinance, an agency or department responsible for emergency
9management within the municipality's corporate limits.
10    (d) The Governor shall determine which municipal
11corporations, other than those specified in paragraph (c) of
12this Section, need emergency services and disaster agencies of
13their own and require that they be established and maintained.
14The Governor shall make these determinations on the basis of
15the municipality's disaster vulnerability and capability of
16response related to population size and concentration. The
17emergency services and disaster agency of a county or township,
18shall not have a jurisdiction within a political subdivision
19having its own emergency services and disaster agency, but
20shall cooperate with the emergency services and disaster agency
21of a city, village or incorporated town within their borders.
22The Illinois Emergency Management Agency shall publish and
23furnish a current list to the municipalities required to have
24an emergency services and disaster agency under this
25subsection.
26    (e) Each municipality that is not required to and does not

 

 

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1have an emergency services and disaster agency shall have a
2liaison officer designated to facilitate the cooperation and
3protection of that municipal corporation with the county
4emergency services and disaster agency in which it is located
5in the work of disaster mitigation, preparedness, response, and
6recovery.
7    (f) The principal executive officer or his or her designee
8of each political subdivision in the State shall annually
9notify the Illinois Emergency Management Agency of the manner
10in which the political subdivision is providing or securing
11emergency management, identify the executive head of the agency
12or the department from which the service is obtained, or the
13liaison officer in accordance with paragraph (d) of this
14Section and furnish additional information relating thereto as
15the Illinois Emergency Management Agency requires.
16    (g) Each emergency services and disaster agency shall
17prepare an emergency operations plan for its geographic
18boundaries that complies with planning, review, and approval
19standards promulgated by the Illinois Emergency Management
20Agency. The Illinois Emergency Management Agency shall
21determine which jurisdictions will be required to include
22earthquake preparedness in their local emergency operations
23plans.
24    (h) The emergency services and disaster agency shall
25prepare and distribute to all appropriate officials in written
26form a clear and complete statement of the emergency

 

 

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1responsibilities of all local departments and officials and of
2the disaster chain of command.
3    (i) Each emergency services and disaster agency shall have
4a Coordinator who shall be appointed by the principal executive
5officer of the political subdivision in the same manner as are
6the heads of regular governmental departments. If the political
7subdivision is a county and the principal executive officer
8appoints the sheriff as the Coordinator, the sheriff may, in
9addition to his or her regular compensation, receive
10compensation at the same level as provided in Section 3 of "An
11Act in relation to the regulation of motor vehicle traffic and
12the promotion of safety on public highways in counties",
13approved August 9, 1951, as amended. The Coordinator shall have
14direct responsibility for the organization, administration,
15training, and operation of the emergency services and disaster
16agency, subject to the direction and control of that principal
17executive officer. Each emergency services and disaster agency
18shall coordinate and may perform emergency management
19functions within the territorial limits of the political
20subdivision within which it is organized as are prescribed in
21and by the State Emergency Operations Plan, and programs,
22orders, rules and regulations as may be promulgated by the
23Illinois Emergency Management Agency and by local ordinance
24and, in addition, shall conduct such functions outside of those
25territorial limits as may be required under mutual aid
26agreements and compacts as are entered into under subparagraph

 

 

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1(5) of paragraph (c) of Section 6.
2    (j) In carrying out the provisions of this Act, each
3political subdivision may enter into contracts and incur
4obligations necessary to place it in a position effectively to
5combat the disasters as are described in Section 4, to protect
6the health and safety of persons, to protect property, and to
7provide emergency assistance to victims of those disasters. If
8a disaster occurs, each political subdivision may exercise the
9powers vested under this Section in the light of the exigencies
10of the disaster and, excepting mandatory constitutional
11requirements, without regard to the procedures and formalities
12normally prescribed by law pertaining to the performance of
13public work, entering into contracts, the incurring of
14obligations, the employment of temporary workers, the rental of
15equipment, the purchase of supplies and materials, and the
16appropriation, expenditure, and disposition of public funds
17and property.
18    (k) (Blank)
19     Volunteers who, while engaged in a disaster, an exercise,
20training related to the emergency operations plan of the
21political subdivision, or a search-and-rescue team response to
22an occurrence or threat of injury or loss of life that is
23beyond local response capabilities, suffer disease, injury or
24death, shall, for the purposes of benefits under the Workers'
25Compensation Act or Workers' Occupational Diseases Act only, be
26deemed to be employees of the State, if: (1) the claimant is a

 

 

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1duly qualified and enrolled (sworn in) as a volunteer of the
2Illinois Emergency Management Agency or an emergency services
3and disaster agency accredited by the Illinois Emergency
4Management Agency, and (2) if: (i) the claimant was
5participating in a disaster as defined in Section 4 of this
6Act, (ii) the exercise or training participated in was
7specifically and expressly approved by the Illinois Emergency
8Management Agency prior to the exercise or training, or (iii)
9the search-and-rescue team response was to an occurrence or
10threat of injury or loss of life that was beyond local response
11capabilities and was specifically and expressly approved by the
12Illinois Emergency Management Agency prior to the
13search-and-rescue team response. The computation of benefits
14payable under either of those Acts shall be based on the income
15commensurate with comparable State employees doing the same
16type work or income from the person's regular employment,
17whichever is greater.
18    Volunteers who are working under the direction of an
19emergency services and disaster agency accredited by the
20Illinois Emergency Management Agency, pursuant to a plan
21approved by the Illinois Emergency Management Agency (i) during
22a disaster declared by the Governor under Section 7 of this
23Act, or (ii) in circumstances otherwise expressly approved by
24the Illinois Emergency Management Agency, shall be deemed
25exclusively employees of the State for purposes of Section 8(d)
26of the Court of Claims Act, provided that the Illinois

 

 

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1Emergency Management Agency may, in coordination with the
2emergency services and disaster agency, audit implementation
3for compliance with the plan.
4    (l) (Blank) If any person who is entitled to receive
5benefits through the application of this Section receives, in
6connection with the disease, injury or death giving rise to
7such entitlement, benefits under an Act of Congress or federal
8program, benefits payable under this Section shall be reduced
9to the extent of the benefits received under that other Act or
10program.
11    (m) (1) Prior to conducting an exercise, the principal
12    executive officer of a political subdivision or his or her
13    designee shall provide area media with written
14    notification of the exercise. The notification shall
15    indicate that information relating to the exercise shall
16    not be released to the public until the commencement of the
17    exercise. The notification shall also contain a request
18    that the notice be so posted to ensure that all relevant
19    media personnel are advised of the exercise before it
20    begins.
21        (2) During the conduct of an exercise, all messages,
22    two-way radio communications, briefings, status reports,
23    news releases, and other oral or written communications
24    shall begin and end with the following statement: "This is
25    an exercise message".
26(Source: P.A. 94-733, eff. 4-27-06.)
 

 

 

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1    (20 ILCS 3305/20)  (from Ch. 127, par. 1070)
2    Sec. 20. Emergency Management Agency; personnel; oath.
3Each person, whether compensated or noncompensated, who serves
4is appointed to serve in any capacity in the Illinois Emergency
5Management Agency or any an emergency services and disaster
6agency, shall, before entering upon his or her duties, take an
7oath, in writing, before the Director of the Illinois Emergency
8Management Agency or his or her delegate, or before the
9coordinator of that emergency services and disaster agency or
10his or her delegate, or before other persons authorized to
11administer oaths in this State. The , which oath shall be filed
12with the entity Director or with the coordinator of the
13emergency services and disaster agency with which the person he
14or she shall serve. An oath on file with the emergency services
15and disaster agency shall be considered on file with the
16Illinois Emergency Management Agency when the Illinois
17Emergency Management Agency has requested the person's
18assistance in a State disaster response as long as a copy is
19provided to the Illinois Emergency Management Agency upon
20request. The and which oath shall be substantially as follows:
21    "I, _______________, do solemnly swear (or affirm) that I
22will support and defend and bear true faith and allegiance to
23the Constitution of the United States and the Constitution of
24the State of Illinois, and the territory, institutions and
25facilities thereof, both public and private, against all

 

 

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1enemies, foreign and domestic; that I take this obligation
2freely, without any mental reservation or purpose of evasion;
3and that I will well and faithfully discharge the duties upon
4which I am about to enter. And I do further swear (or affirm)
5that I do not advocate, nor am I, nor have I been a member of
6any political party or organization that advocates the
7overthrow of the government of the United States or of this
8State by force or violence; and that during such time as I am
9affiliated with the (name of political subdivision), I will not
10advocate nor become a member of any political party or
11organization that advocates the overthrow of the government of
12the United States or of this State by force or violence."
13(Source: P.A. 92-73, eff. 1-1-02.)
 
14    (20 ILCS 3305/23 new)
15    Sec. 23. Disaster volunteers. A volunteer who is sworn in,
16pursuant to Section 20 of this Act, by the Illinois Emergency
17Management Agency or at the request of the Illinois Emergency
18Management Agency to assist the Agency without compensation,
19other than reimbursement for travel, lodging, or meals, during
20a disaster as defined by Section 4 of this Act or a related
21training exercise, is considered an employee of the Agency
22under the Workers' Compensation Act or Workers' Occupational
23Diseases Act for purposes of any claims under either Act
24related to the assistance provided. The Illinois Emergency
25Management Agency shall promulgate rules under the

 

 

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1Administrative Procedure Act regarding the eligibility
2requirements and claims process.
 
3    Section 10. The Counties Code is amended by adding the
4heading of Division 16 of Article 3 and Section 3-16001 as
5follows:
 
6    (55 ILCS 5/Div. 3-16 heading new)
7
Division 3-16. Disaster Volunteers.

 
8    (55 ILCS 5/3-16001 new)
9    Sec. 3-16001. Disaster service volunteer claims. An
10individual who is sworn in, pursuant to Section 20 of the
11Illinois Emergency Management Agency Act, by an emergency
12services and disaster agency to assist that agency during a
13disaster as defined by Section 4 of the Illinois Emergency
14Management Agency Act or a related training exercise, may be
15covered by the county, if it has elected to provide coverage,
16as an employee under the Workers' Compensation Act or Workers'
17Occupational Diseases Act for purposes of any claim under
18either Act related to the assistance provided. If the county
19has elected to provide coverage, then the county shall
20promulgate rules on the eligibility requirements and claims
21process.
 
22    Section 15. The Illinois Municipal Code is amended by

 

 

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1adding the heading of Division 6 of Article 10 and Section
210-6-1 as follows:
 
3    (65 ILCS 5/Div. 10-6 heading new)
4
Division 10-6. Disaster Volunteers.

 
5    (65 ILCS 5/10-6-1 new)
6    Sec. 10-6-1. Disaster service volunteer claims. An
7individual who is sworn in, pursuant to Section 20 of the
8Illinois Emergency Management Agency Act, by an emergency
9services and disaster agency to assist that agency during a
10disaster as defined by Section 4 of the Illinois Emergency
11Management Agency Act or a related training exercise, may be
12covered by the municipality, if it has elected to provide
13coverage, as an employee under the Workers' Compensation Act or
14Workers' Occupational Diseases Act for purposes of any claim
15under either Act related to the assistance provided. If the
16municipality has elected to provide coverage, then the
17municipality shall promulgate rules on the eligibility
18requirements and claims process.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.