Full Text of HB4011 100th General Assembly
HB4011sam001 100TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 5/16/2017
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| 1 | | AMENDMENT TO HOUSE BILL 4011
| 2 | | AMENDMENT NO. ______. Amend House Bill 4011 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Emergency Management Agency Act is | 5 | | amended 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 | 9 | | State Government an
Illinois Emergency Management Agency and a | 10 | | Director of the Illinois Emergency
Management Agency, herein | 11 | | called the "Director" who shall be the head thereof.
The | 12 | | Director shall be appointed by the Governor, with the advice | 13 | | and consent of
the Senate, and shall serve for a term of 2 | 14 | | years beginning on the third Monday
in January of the | 15 | | odd-numbered year, and until a successor is appointed and
has | 16 | | qualified; except that the term of the first Director appointed |
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| 1 | | under this
Act shall expire on the third Monday in January, | 2 | | 1989. The Director shall not
hold any other remunerative public | 3 | | office. The Director shall receive an annual
salary as set by | 4 | | the
Compensation Review Board.
| 5 | | (b) The Illinois Emergency Management Agency shall obtain, | 6 | | under the
provisions of the Personnel Code, technical, | 7 | | clerical, stenographic and other
administrative personnel, and | 8 | | may make expenditures within the appropriation
therefor as may | 9 | | be necessary to carry out the purpose of this Act. The agency
| 10 | | created by this Act is intended to be a successor to the agency | 11 | | created under
the Illinois Emergency Services and Disaster | 12 | | Agency Act of 1975 and the
personnel, equipment, records, and | 13 | | appropriations of that agency are
transferred to the successor | 14 | | agency as of the effective date of this Act.
| 15 | | (c) The Director, subject to the direction and control of | 16 | | the Governor,
shall be the executive head of the Illinois | 17 | | Emergency Management Agency and
the State Emergency Response | 18 | | Commission and shall be responsible under the
direction of the | 19 | | Governor, for carrying out the program for emergency
management | 20 | | of this State. The Director shall also maintain liaison
and | 21 | | cooperate with
the emergency management organizations of this | 22 | | State and other states and of
the federal government.
| 23 | | (d) The Illinois Emergency Management Agency shall take an | 24 | | integral part in
the development and revision of political | 25 | | subdivision emergency operations
plans prepared under | 26 | | paragraph (f) of Section 10. To this end it shall employ
or |
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| 1 | | otherwise secure the services of professional and technical | 2 | | personnel
capable of providing expert assistance to the | 3 | | emergency services and disaster
agencies. These personnel | 4 | | shall consult with emergency services and disaster
agencies on | 5 | | a regular basis and shall make field examinations of the areas,
| 6 | | circumstances, and conditions that particular political | 7 | | subdivision emergency
operations plans are intended to apply.
| 8 | | (e) The Illinois Emergency Management Agency and political | 9 | | subdivisions
shall be encouraged to form an emergency | 10 | | management advisory committee composed
of private and public | 11 | | personnel representing the emergency management phases of
| 12 | | mitigation, preparedness, response, and recovery.
The Local | 13 | | Emergency Planning Committee, as created under the Illinois
| 14 | | Emergency
Planning and Community Right to Know Act, shall serve | 15 | | as
an advisory
committee to the emergency services and disaster | 16 | | agency or agencies serving
within the boundaries
of that Local | 17 | | Emergency 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 | 18 | | to make grants to various higher education institutions, public | 19 | | K-12 school districts, area vocational centers as designated by | 20 | | the State Board of Education, inter-district special education | 21 | | cooperatives, regional safe schools, and nonpublic K-12 | 22 | | schools for safety and security improvements. For the purpose | 23 | | of this subsection (g), "higher education institution" means a | 24 | | public university, a public community college, or an | 25 | | independent, not-for-profit or for-profit higher education | 26 | | institution located in this State. Grants made under this |
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| 1 | | subsection (g) shall be paid out of moneys appropriated for | 2 | | that purpose from the Build Illinois Bond Fund. The Illinois | 3 | | Emergency Management Agency shall adopt rules to implement this | 4 | | subsection (g). These rules may specify: (i) the manner of | 5 | | applying for grants; (ii) project eligibility requirements; | 6 | | (iii) restrictions on the use of grant moneys; (iv) the manner | 7 | | in which the various higher education institutions must account | 8 | | for the use of grant moneys; and (v) any other provision that | 9 | | the Illinois Emergency Management Agency determines to be | 10 | | necessary or useful for the administration of this subsection | 11 | | (g). | 12 | | (g-5) The Illinois Emergency Management Agency is | 13 | | authorized to make grants or otherwise provide assistance to, | 14 | | on an emergency basis, not-for-profit organizations which are | 15 | | exempt from federal income taxation under section 501(c)(3) of | 16 | | the Federal Internal Revenue Code for eligible security | 17 | | improvements that assist the organization in preventing, | 18 | | preparing for, or responding to acts of terrorism. The Director | 19 | | shall establish procedures and forms by which applicants may | 20 | | apply for a grant, and procedures for distributing grants to | 21 | | recipients. The procedures shall require each applicant to do | 22 | | the 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 | 17 | | applicants under this subsection (g-5) shall be wholly within | 18 | | the discretion of the Director. Upon request of the Director, a | 19 | | State agency shall provide the Director with assistance in | 20 | | administering the grants. | 21 | | (h) Except as provided in Section 17.5 of this Act, any | 22 | | moneys received by the Agency from donations or sponsorships | 23 | | shall be deposited in the Emergency Planning and Training Fund | 24 | | and used by the Agency, subject to appropriation, to effectuate | 25 | | planning 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 | 2 | | becoming law.".
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