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Full Text of HB3620
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HB3620 - 104th General Assembly
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HB3620 Engrossed
LRB104 09467 BDA 19528 b
1
AN ACT concerning safety.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Emergency Management Agency Act is
5
amended by changing Sections 4, 6, 8, and 20 as follows:
6
(20 ILCS 3305/4)
(from Ch. 127, par. 1054)
7
Sec. 4.
Definitions.
As used in this Act, unless the
8
context clearly indicates otherwise, the following words and
9
terms have the meanings ascribed to them in this Section:
10
"Coordinator" means the staff assistant to the principal
11
executive officer of a political subdivision with the duty of
12
coordinating the emergency management programs of that
13
political subdivision.
14
"Cyber incident" means an event occurring on or conducted
15
through a computer network that actually or imminently
16
jeopardizes the integrity, confidentiality, or availability of
17
computers, information or communications systems or networks,
18
physical or virtual infrastructure controlled by computers or
19
information systems, or information resident thereon that
20
affect or control infrastructure or communications networks
21
utilized by the public. "Cyber incident" includes a
22
vulnerability in information systems, system security
23
procedures, internal controls, or implementations that could
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
be exploited by a threat source that affect or control
2
infrastructure or communications networks utilized by the
3
public.
4
"Disaster" means an occurrence or threat of widespread or
5
severe damage, injury or loss of life or property resulting
6
from any natural, technological, or human cause, including but
7
not limited to fire, flood, earthquake, wind, storm, hazardous
8
materials spill or other water contamination requiring
9
emergency action to avert danger or damage, epidemic, air
10
contamination, blight, extended periods of severe and
11
inclement weather, drought, infestation, critical shortages of
12
essential fuels and energy, explosion, riot, hostile military
13
or paramilitary action, public health emergencies, cyber
14
incidents, or acts of domestic terrorism.
15
"Emergency Management" means the efforts of the State and
16
the political subdivisions to develop, plan, analyze, conduct,
17
provide, implement and maintain programs for disaster
18
mitigation, preparedness, response and recovery.
19
"Emergency Services and Disaster Agency" means the agency
20
by this name, by the name Emergency Management Agency, or by
21
any other name that is established by ordinance within a
22
political subdivision to coordinate the emergency management
23
program within that political subdivision and with private
24
organizations, other political subdivisions, the State and
25
federal governments.
26
"Emergency Operations Plan" means the written plan of the
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
State and political subdivisions describing the organization,
2
mission, and functions of the government and supporting
3
services for responding to and recovering from disasters and
4
shall include plans that take into account the needs of those
5
individuals with household pets and service animals following
6
a major disaster or emergency.
7
"Emergency Services" means the coordination of functions
8
by the State and its political subdivision, other than
9
functions for which military forces are primarily responsible,
10
as may be necessary or proper to prevent, minimize, repair,
11
and alleviate injury and damage resulting from any natural or
12
technological causes. These functions include, without
13
limitation, fire fighting services, police services, emergency
14
aviation services, medical and health services, HazMat and
15
technical rescue teams, rescue, engineering, warning services,
16
communications, radiological, chemical and other special
17
weapons defense, evacuation of persons from stricken or
18
threatened areas, emergency assigned functions of plant
19
protection, temporary restoration of public utility services
20
and other functions related to civilian protection, together
21
with all other activities necessary or incidental to
22
protecting life or property.
23
"Exercise" means a planned event realistically simulating
24
a disaster, conducted for the purpose of evaluating the
25
political subdivision's coordinated emergency management
26
capabilities, including, but not limited to, testing the
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
emergency operations plan.
2
"HazMat team" means a career or volunteer mobile support
3
team that has been authorized by a unit of local government to
4
respond to hazardous materials emergencies and that is
5
primarily designed for emergency response to chemical or
6
biological terrorism, radiological emergencies, hazardous
7
material spills, releases, or fires, or other contamination
8
events.
9
"Illinois Emergency Management Agency" means the agency
10
established by this Act within the executive branch of State
11
Government responsible for coordination of the overall
12
emergency management program of the State and with private
13
organizations, political subdivisions, and the federal
14
government. Illinois Emergency Management Agency also means
15
the State Emergency Response Commission responsible for the
16
implementation of Title III of the Superfund Amendments and
17
Reauthorization Act of 1986.
18
"Incident" means a disaster that does not rise to the
19
level of a Governor-issued proclamation.
20
"Mobile Support Team"
or "MST"
means a group of
21
individuals designated as a team by the Governor or Director
22
to train prior to and to be
activated
dispatched
, if the
23
Governor or the Director so determines, to aid and reinforce
24
the State and political subdivision emergency management
25
efforts in response to
an incident,
a
disaster
, federally
26
declared national special security event, or other large
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
public event
.
2
"Municipality" means any city, village, and incorporated
3
town.
4
"Political Subdivision" means any county, city, village,
5
or incorporated town or township if the township is in a county
6
having a population of more than 2,000,000.
7
"Principal Executive Officer" means chair of the county
8
board, supervisor of a township if the township is in a county
9
having a population of more than 2,000,000, mayor of a city or
10
incorporated town, president of a village, or in their absence
11
or disability, the interim successor as established under
12
Section 7 of the Emergency Interim Executive Succession Act.
13
"Public health emergency" means an occurrence or imminent
14
threat of an illness or health condition that:
15
(a) is believed to be caused by any of the following:
16
(i) bioterrorism;
17
(ii) the appearance of a novel or previously
18
controlled or eradicated infectious agent or
19
biological toxin;
20
(iii) a natural disaster;
21
(iv) a chemical attack or accidental release; or
22
(v) a nuclear attack or accident; and
23
(b) poses a high probability of any of the following
24
harms:
25
(i) a large number of deaths in the affected
26
population;
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
(ii) a large number of serious or long-term
2
disabilities in the affected population; or
3
(iii) widespread exposure to an infectious or
4
toxic agent that poses a significant risk of
5
substantial future harm to a large number of people in
6
the affected population.
7
"Statewide mutual aid organization" means an entity with
8
local government members throughout the State that facilitates
9
temporary assistance through its members in a particular
10
public safety discipline, such as police, fire or emergency
11
management, when an occurrence exceeds a member jurisdiction's
12
capabilities.
13
"Technical rescue team" means a career or volunteer mobile
14
support team that has been authorized by a unit of local
15
government to respond to building collapse, high angle rescue,
16
and other specialized rescue emergencies and that is primarily
17
designated for emergency response to technical rescue events.
18
(Source: P.A. 102-485, eff. 8-20-21.)
19
(20 ILCS 3305/6)
(from Ch. 127, par. 1056)
20
Sec. 6.
Emergency Management Powers of the Governor.
21
(a) The Governor shall have general direction and control
22
of the Illinois Emergency Management Agency and shall be
23
responsible for the carrying out of the provisions of this
24
Act.
25
(b) In performing duties under this Act, the Governor is
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
authorized to cooperate with the federal government and with
2
other states in all matters pertaining to emergency
3
management.
4
(c) In performing duties under this Act, the Governor is
5
further authorized:
6
(1) To make, amend, and rescind all lawful necessary
7
orders, rules, and regulations to carry out the provisions
8
of this Act within the limits of the authority conferred
9
upon the Governor.
10
(2) To cause to be prepared a comprehensive plan and
11
program for the emergency management of this State, which
12
plan and program shall be integrated into and coordinated
13
with emergency management plans and programs of the
14
federal government and of other states whenever possible
15
and which plan and program may include:
16
a. Mitigation of injury and damage caused by
17
disaster.
18
b. Prompt and effective response to disaster.
19
c. Emergency relief.
20
d. Identification of areas particularly vulnerable
21
to disasters.
22
e. Recommendations for zoning, building, and other
23
land-use controls, safety measures for securing
24
permanent structures and other mitigation measures
25
designed to eliminate or reduce disasters or their
26
impact.
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
f. Assistance to political subdivisions in
2
designing emergency operations plans.
3
g. Authorization and procedures for the erection
4
or other construction of temporary works designed to
5
mitigate danger, damage or loss from flood, or other
6
disaster.
7
h. Preparation and distribution to the appropriate
8
State and political subdivision officials of a State
9
catalog of federal, State, and private assistance
10
programs.
11
i. Organization of State personnel and chains of
12
command.
13
j. Coordination of federal, State, and political
14
subdivision emergency management activities.
15
k. Other necessary matters.
16
(3) In accordance with the plan and program for the
17
emergency management of this State, and out of funds
18
appropriated for these purposes, to procure and
19
preposition supplies, medicines, materials and equipment,
20
to institute training programs and public information
21
programs, and to take all other preparatory steps
22
including the partial or full mobilization of
MSTs and
23
emergency services and disaster agencies
in advance of
24
actual disaster
to insure the furnishing of adequately
25
trained and equipped forces for
incidents, disasters,
26
federally declared national special security events, and
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
other large public events
disaster response and recovery
.
2
(4) Out of funds appropriated for these purposes, to
3
make studies and surveys of the industries, resources, and
4
facilities in this State as may be necessary to ascertain
5
the capabilities of the State for emergency management
6
phases of mitigation, preparedness, response, and recovery
7
and to plan for the most efficient emergency use thereof.
8
(5) On behalf of this State, to negotiate for and
9
submit to the General Assembly for its approval or
10
rejection reciprocal mutual aid agreements or compacts
11
with other states, either on a statewide or political
12
subdivision basis. The agreements or compacts, shall be
13
limited to the furnishing or exchange of food, clothing,
14
medical or other supplies, engineering and police
15
services; emergency housing and feeding; National and
16
State Guards while under the control of the State; health,
17
medical, and related services; fire fighting, rescue,
18
transportation, communication, and construction services
19
and equipment, provided, however, that if the General
20
Assembly be not in session and the Governor has not
21
proclaimed the existence of a disaster under this Section,
22
then the agreements or compacts shall instead be submitted
23
to an Interim Committee on Emergency Management composed
24
of 5 Senators appointed by the President of the Senate and
25
of 5 Representatives appointed by the Speaker of the
26
House, during the month of June of each odd-numbered year
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
to serve for a 2 year term, beginning July 1 of that year,
2
and until their successors are appointed and qualified, or
3
until termination of their legislative service, whichever
4
first occurs. Vacancies shall be filled by appointment for
5
the unexpired term in the same manner as original
6
appointments. All appointments shall be made in writing
7
and filed with the Secretary of State as a public record.
8
The Committee shall have the power to approve or reject
9
any agreements or compacts for and on behalf of the
10
General Assembly; and, provided further, that an
11
affirmative vote of 2/3 of the members of the Committee
12
shall be necessary for the approval of any agreement or
13
compact.
14
(Source: P.A. 92-73, eff. 1-1-02.)
15
(20 ILCS 3305/8)
(from Ch. 127, par. 1058)
16
Sec. 8.
Mobile Support Teams
; mutual aid
.
17
(a) The Governor or Director, on behalf of the Governor,
18
may enter into agreements with local governments, the federal
19
government, tribal governments, and any public or private
20
agency or entity in achieving any purpose of this Act and in
21
implementing emergency management programs for mitigation,
22
preparedness, response, and recovery.
23
(b) The Governor or Director may activate mobile support
24
teams (MSTs) to aid and reinforce the Illinois Emergency
25
Management Agency and Office of Homeland Security, and
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
emergency services and disaster agencies in this State or
2
out-of-state pursuant to the Emergency Management Assistance
3
Compact, as ratified in the Emergency Management Assistance
4
Compact Act, for incidents, disasters, federally declared
5
national special security events, and other large public
6
events.
7
(c)
(a) The Governor or Director may cause to be created
8
Mobile Support Teams to aid and to reinforce the Illinois
9
Emergency Management Agency, and emergency services and
10
disaster agencies in areas stricken by disaster.
Each mobile
11
support team shall have a leader
or leadership group
,
selected
12
by the Director
who will be responsible
, under the direction
13
and control of the Director,
for the organization,
14
administration,
and
training, and
general
operation of the
15
mobile support team.
16
(d) While activated on behalf of the State, the MST shall
17
report to the Director or designee as the Director retains
18
operational control of MSTs even if they have been tasked to
19
support Emergency Services Disaster Agencies.
20
(e)
(b)
Personnel of
an MST
a mobile support team
while
21
activated by the Governor or Director
on duty pursuant to such
22
a call
or while engaged in
State-approved or State-sponsored
23
regularly scheduled
training or exercises, whether within or
24
without the State, shall
either
:
25
(1) If they are paid employees of the State, have the
26
powers, duties, rights, privileges and immunities and
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
receive the compensation incidental to their employment.
2
(2) If they are paid employees of a political
3
subdivision or body politic of this State, and whether
4
serving within or without that political subdivision or
5
body politic, have the powers, duties, rights, privileges
6
and immunities, and receive the compensation incidental to
7
their employment.
8
(3) If they are not employees of the State, political
9
subdivision or body politic, or being such employees, are
10
not normally paid for their services, be entitled to at
11
least one dollar per year compensation from the State.
12
(f) All personnel of MSTs may, while activated by the
13
Governor or Director, be reimbursed by this State for all
14
actual and necessary travel and subsistence expenses related
15
to their activation.
16
(g)
Personnel of a mobile support team who suffer disease,
17
injury or death
, while activated by the Governor or Director
18
arising out of or in the course of emergency duty
, shall for
19
the purposes of benefits under the Workers' Compensation Act
20
or Workers' Occupational Diseases Act only, be deemed to be
21
employees of this State. If the person diseased, injured or
22
killed is an employee described in item (3)
of subsection (e)
23
above
, the computation of benefits payable under either of
24
those Acts shall be based on income commensurate with
25
comparable State employees doing the same type of work or
26
income from the person's regular employment, whichever is
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
greater.
2
All personnel of mobile support teams shall, while on duty
3
under such call, be reimbursed by this State for all actual and
4
necessary travel and subsistence expenses.
5
(h) In lieu of subsection (f), the
(c) The
State
may, by
6
agreement,
shall
reimburse each political subdivision or body
7
politic from the Disaster Response and Recovery Fund
, or from
8
other funding determined by the State,
for the compensation
9
paid and the actual and necessary travel
and
,
subsistence
and
10
maintenance
expenses of paid employees of the political
11
subdivision or body politic while serving, outside of its
12
geographical boundaries
on behalf of the State
pursuant to
13
such a call
, as members of
an MST
a mobile support team
, and
14
for all payments made for death, disease or injury of those
15
paid employees arising out of and incurred in the course of
16
that duty, and for all losses of or damage to supplies and
17
equipment of the political subdivision or body politic
18
resulting from the operations.
19
(i)
(d)
Whenever
activated MSTs
mobile support teams
or
20
units of another state
operating under orders of the Governor
21
of their home state
,
while the Governor has the emergency
22
powers provided for under Section 7 of this Act,
render aid to
23
this State
under the orders of the Governor of its home state
24
and upon the request of the Governor of this State
, all
25
questions relating to reimbursement by this State
to the other
26
state and its citizens
in regard to the assistance
so
rendered
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
shall be determined by the mutual aid agreements
, MST
2
agreements,
or interstate compacts described in subparagraph
3
(5) of paragraph (c) of Section 6 as are existing at the time
4
of the assistance rendered
, pursuant to the Emergency
5
Management Assistance Compact as ratified in the Emergency
6
Management Assistance Compact Act, as
or
are entered into
7
thereafter
and under Section 303 (d) of the Federal Civil
8
Defense Act of 1950
.
9
(j)
(e)
No personnel of
MSTs
mobile support teams
of this
10
State may be ordered by the Governor
or Director
to operate in
11
any other state unless a request for the same has been made by
12
the Governor or duly authorized representative of the other
13
state
pursuant to the Emergency Management Assistance Compact,
14
as ratified in the Emergency Management Assistance Compact
15
Act, or a successor law
.
16
(k) All expenses and compensation reimbursed under this
17
Section may be provided from the Disaster Response and
18
Recovery Fund or other funding determined by the State. The
19
mutual aid agreement shall specify the manner and method in
20
which compensation shall be paid.
21
(Source: P.A. 98-465, eff. 8-16-13.)
22
(20 ILCS 3305/20)
(from Ch. 127, par. 1070)
23
Sec. 20.
Oath
Emergency Management Agency; personnel;
24
oath
.
25
(a)
Each person, whether compensated or noncompensated,
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
who is appointed to serve in any capacity in
, or on behalf of,
2
the Illinois Emergency Management Agency
and Office of
3
Homeland Security (IEMA-OHS)
or an emergency services and
4
disaster agency, shall, before entering upon
his or her
5
duties, take an oath
,
in writing
.
,
6
(b) The oath shall be administered
before the Director
of
7
IEMA-OHS (or a designee authorized in writing by the
8
Director),
or before
the coordinator of
the respective
that
9
emergency services and disaster agency
,
or
before other
10
persons authorized to administer oaths in this State
pursuant
11
to the Oaths and Affirmations Act.
, which
12
The oath may be administered through live video technology
13
or other electronic means; however, the signed
oath shall be
14
filed with
IEMA-OHS
the Director
or with the
coordinator of
15
the
emergency services and disaster agency with which
the
16
person
he or she
shall serve and which oath shall be
17
substantially as follows:
18
"I, _______________, do solemnly swear (or affirm) that I
19
will support and defend and bear true faith and allegiance to
20
the Constitution of the United States and the Constitution of
21
the State of Illinois, and the territory, institutions and
22
facilities thereof, both public and private, against all
23
enemies, foreign and domestic; that I take this obligation
24
freely, without any mental reservation or purpose of evasion;
25
and that I will well and faithfully discharge the duties upon
26
which I am about to enter. And I do further swear (or affirm)
HB3620 Engrossed
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LRB104 09467 BDA 19528 b
1
that I do not advocate, nor am I, nor have I been a member of
2
any political party or organization that advocates the
3
overthrow of the government of the United States or of this
4
State by force or violence; and that during such time as I am
5
affiliated with the (name of
emergency preparedness
6
organization
political subdivision
), I will not advocate nor
7
become a member
or an affiliate of any organization, group, or
8
combination of persons
of any political party or organization
9
that advocates the overthrow of the government of the United
10
States or of this State by force or violence."
11
(Source: P.A. 92-73, eff. 1-1-02.)
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