Full Text of HB4576 97th General Assembly
HB4576 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4576 Introduced 2/1/2012, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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Creates the Interstate Mutual Aid Act. Authorizes the State and units of local government to enter into mutual aid agreements with units of government from another state to
provide for the coordination of communications, training, response to, and stand-by for
planned events and emergency responses between the units of government. Contains provisions concerning licenses and certifications, liability, and employee benefits.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning interstate mutual emergency aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Interstate Mutual Emergency Aid Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | (a) "Emergency responder" means an individual who is | 8 | | required
to possess a license, certificate, permit, or other | 9 | | official
recognition for his or her expertise in a particular | 10 | | field or area
of knowledge, and whose assistance is used or is | 11 | | desirable
during an emergency. "Emergency responder" includes, | 12 | | but is not
limited to: emergency medical services personnel; | 13 | | law enforcement
officers; physicians; nurses; mental health, | 14 | | veterinary, or other
public health practitioners; emergency | 15 | | management personnel; public
works personnel; and | 16 | | firefighters, including firefighters trained
in the areas of | 17 | | hazardous materials, specialized rescue,
extrication, water | 18 | | rescue, or any other specialized area. | 19 | | (b) "Mutual aid emergency" or "emergency" means an | 20 | | occurrence
or condition resulting in a situation that poses an | 21 | | immediate risk
to health, life, property, or the environment, | 22 | | where the governing
body having jurisdiction over the situation | 23 | | determines (1) that the
situation exceeds its ability to render |
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| 1 | | appropriate aid, and (2) that it
is in the public's best | 2 | | interest to request mutual aid from a
governmental jurisdiction | 3 | | or private entity in another state with
which the governing | 4 | | body has a written mutual aid agreement. "Mutual
aid emergency" | 5 | | or "emergency" does not include a situation that
initially | 6 | | rises to the level of disaster or emergency requiring a
state | 7 | | or local declaration of a state of emergency, unless that
| 8 | | declaration occurs after the initial request for mutual aid has | 9 | | been made. | 10 | | Section 10. Mutual aid agreements. In order to more | 11 | | adequately address emergencies that
extend or exceed a | 12 | | jurisdiction's emergency response capabilities,
either without | 13 | | rising to the level of a state or local declaration
of a state | 14 | | of emergency, or in the initial stages of an
event which may | 15 | | later become a declared emergency, the
State, its departments | 16 | | and agencies, or a political
subdivision of the State, | 17 | | including, but not limited to, a county,
city, village, | 18 | | township, special district, or other unit of local
government, | 19 | | or any combination thereof, may enter into a mutual aid
| 20 | | agreement with one or more units of government from another | 21 | | state
that provide for coordination of communications, | 22 | | training, and
response to and stand-by for planned events and | 23 | | emergency responses
between the units of government. When | 24 | | engaged in training, stand-by, and emergency response in | 25 | | accordance with the mutual aid
agreements, emergency |
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| 1 | | responders from outside of this State are
permitted to provide | 2 | | services within this State in accordance with
this Act and | 3 | | within the scope of the terms of the mutual aid agreement. This | 4 | | Act does
not prohibit a private company or its employees from | 5 | | participating
in the provision of mutual aid, if the | 6 | | participating state agency
or political subdivision approves | 7 | | the participation and the
contract between the state agency or | 8 | | political subdivision and the
participating private company | 9 | | permits the participation. | 10 | | Section 15. Licenses, certifications, and permits. An | 11 | | emergency responder from a unit of government from
outside of | 12 | | this State who holds a license, certificate, or other
permit | 13 | | recognized or issued by another state shall be considered to
be | 14 | | licensed, certified, and permitted to render mutual aid within
| 15 | | this State pursuant to a mutual aid agreement authorized by | 16 | | this
Act, if the emergency responder is acting within the scope | 17 | | of his
or her license, certificate, or permit and within what | 18 | | an
equivalent license, certificate, or permit from or | 19 | | recognized by
this State would authorize. | 20 | | Section 20. Governmental functions; liability; emergency | 21 | | responders. Any function performed under this Act shall be
| 22 | | considered to have been for public and governmental purposes, | 23 | | and
all immunities from liability enjoyed by the State or the | 24 | | political
subdivisions of this State and their officers, |
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| 1 | | agents, and
employees shall extend to the emergency responders | 2 | | from another
state when providing mutual aid or while engaged | 3 | | in training and
exercises pursuant to and within the scope of a | 4 | | written mutual aid agreement authorized by
this Act. | 5 | | Section 25. Employee benefits. Emergency responders from | 6 | | outside this State, while
rendering mutual aid within this | 7 | | State pursuant to a mutual aid
agreement authorized by this | 8 | | Act, remain employees and agents of
their respective employers | 9 | | and jurisdictions. Nothing in this Act,
or any mutual aid | 10 | | agreement entered into pursuant to this Act,
creates an | 11 | | employment relationship between the jurisdiction
requesting | 12 | | aid and the employees and agents of the jurisdiction
rendering | 13 | | aid. All pension, relief, disability, death benefits,
worker's | 14 | | compensation, and other benefits enjoyed by emergency
| 15 | | responders rendering emergency mutual aid shall extend to the
| 16 | | services they perform outside their respective jurisdictions | 17 | | as if
those services had been rendered in their own | 18 | | jurisdiction. | 19 | | Section 30. Limitations. This Act does not limit, modify, | 20 | | or abridge the
emergency management compact entered into under | 21 | | the Emergency Management Assistance Compact Act.
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