Bill Text: IL HB5396 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Emergency Management Agency Act. Provides that a cyber attack is a "disaster".

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5396 Detail]

Download: Illinois-2019-HB5396-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5396 Introduced , by Rep. Keith R. Wheeler - Grant Wehrli - Amy Grant SYNOPSIS AS INTRODUCED:
20 ILCS 3305/4 from Ch. 127, par. 1054
Amends the Illinois Emergency Management Agency Act. Provides that a cyber attack is a "disaster".
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act is
amended by changing Section 4 as follows:
(20 ILCS 3305/4) (from Ch. 127, par. 1054)
Sec. 4. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the meanings ascribed to them in this Section:
"Coordinator" means the staff assistant to the principal
executive officer of a political subdivision with the duty of
coordinating the emergency management programs of that
political subdivision.
"Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural or technological cause, including but not
limited to fire, flood, earthquake, wind, storm, hazardous
materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air
contamination, blight, extended periods of severe and
inclement weather, drought, infestation, critical shortages of
essential fuels and energy, explosion, riot, hostile military
or paramilitary action, public health emergencies, or acts of

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domestic terrorism, or cyber attacks.
"Emergency Management" means the efforts of the State and
the political subdivisions to develop, plan, analyze, conduct,
provide, implement and maintain programs for disaster
mitigation, preparedness, response and recovery.
"Emergency Services and Disaster Agency" means the agency
by this name, by the name Emergency Management Agency, or by
any other name that is established by ordinance within a
political subdivision to coordinate the emergency management
program within that political subdivision and with private
organizations, other political subdivisions, the State and
federal governments.
"Emergency Operations Plan" means the written plan of the
State and political subdivisions describing the organization,
mission, and functions of the government and supporting
services for responding to and recovering from disasters and
shall include plans that take into account the needs of those
individuals with household pets and service animals following a
major disaster or emergency.
"Emergency Services" means the coordination of functions
by the State and its political subdivision, other than
functions for which military forces are primarily responsible,
as may be necessary or proper to prevent, minimize, repair, and
alleviate injury and damage resulting from any natural or
technological causes. These functions include, without
limitation, fire fighting services, police services, emergency

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aviation services, medical and health services, HazMat and
technical rescue teams, rescue, engineering, warning services,
communications, radiological, chemical and other special
weapons defense, evacuation of persons from stricken or
threatened areas, emergency assigned functions of plant
protection, temporary restoration of public utility services
and other functions related to civilian protection, together
with all other activities necessary or incidental to protecting
life or property.
"Exercise" means a planned event realistically simulating
a disaster, conducted for the purpose of evaluating the
political subdivision's coordinated emergency management
capabilities, including, but not limited to, testing the
emergency operations plan.
"HazMat team" means a career or volunteer mobile support
team that has been authorized by a unit of local government to
respond to hazardous materials emergencies and that is
primarily designed for emergency response to chemical or
biological terrorism, radiological emergencies, hazardous
material spills, releases, or fires, or other contamination
events.
"Illinois Emergency Management Agency" means the agency
established by this Act within the executive branch of State
Government responsible for coordination of the overall
emergency management program of the State and with private
organizations, political subdivisions, and the federal

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government. Illinois Emergency Management Agency also means
the State Emergency Response Commission responsible for the
implementation of Title III of the Superfund Amendments and
Reauthorization Act of 1986.
"Mobile Support Team" means a group of individuals
designated as a team by the Governor or Director to train prior
to and to be dispatched, if the Governor or the Director so
determines, to aid and reinforce the State and political
subdivision emergency management efforts in response to a
disaster.
"Municipality" means any city, village, and incorporated
town.
"Political Subdivision" means any county, city, village,
or incorporated town or township if the township is in a county
having a population of more than 2,000,000.
"Principal Executive Officer" means chair of the county
board, supervisor of a township if the township is in a county
having a population of more than 2,000,000, mayor of a city or
incorporated town, president of a village, or in their absence
or disability, the interim successor as established under
Section 7 of the Emergency Interim Executive Succession Act.
"Public health emergency" means an occurrence or imminent
threat of an illness or health condition that:
(a) is believed to be caused by any of the following:
(i) bioterrorism;
(ii) the appearance of a novel or previously

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controlled or eradicated infectious agent or
biological toxin;
(iii) a natural disaster;
(iv) a chemical attack or accidental release; or
(v) a nuclear attack or accident; and
(b) poses a high probability of any of the following
harms:
(i) a large number of deaths in the affected
population;
(ii) a large number of serious or long-term
disabilities in the affected population; or
(iii) widespread exposure to an infectious or
toxic agent that poses a significant risk of
substantial future harm to a large number of people in
the affected population.
"Statewide mutual aid organization" means an entity with
local government members throughout the State that facilitates
temporary assistance through its members in a particular public
safety discipline, such as police, fire or emergency
management, when an occurrence exceeds a member jurisdiction's
capabilities.
"Technical rescue team" means a career or volunteer mobile
support team that has been authorized by a unit of local
government to respond to building collapse, high angle rescue,
and other specialized rescue emergencies and that is primarily
designated for emergency response to technical rescue events.

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(Source: P.A. 100-587, eff. 6-4-18.)