Bill Text: IL SB3940 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the State Finance Act and the Illinois Premise Alert Program (PAP) Act. Provides that whenever a supplier of pressurized oxygen cylinders causes a pressurized oxygen cylinder to be delivered to the residence of a user of pressurized oxygen cylinders, the supplier shall report the delivery to the appropriate local law enforcement agency and the appropriate local fire department or fire protection district within 2 days after the delivery. Provides that the local law enforcement agency to whom the information is reported shall ensure that the information is entered into the PAP database. Also requires a supplier to give notice to the user. Provides that if a supplier fails to report the delivery of a pressurized oxygen cylinder as required, the supplier is subject to a civil penalty of $250, which may be imposed by the Illinois Emergency Management Agency. Creates the Premise Alert Program (PAP) Fund as a special fund in the State treasury, and provides that all civil penalties collected under these provisions shall be deposited into the Fund. Provides that moneys in the Fund shall, subject to appropriation, be used by the Illinois Emergency Management Agency to administer these provisions. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-27 - Referred to Assignments [SB3940 Detail]

Download: Illinois-2009-SB3940-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3940 Introduced 5/27/2010, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.756 new
430 ILCS 132/5
430 ILCS 132/10
430 ILCS 132/15
430 ILCS 132/17 new
430 ILCS 132/20
430 ILCS 132/30
Amends the State Finance Act and the Illinois Premise Alert Program (PAP) Act. Provides that whenever a supplier of pressurized oxygen cylinders causes a pressurized oxygen cylinder to be delivered to the residence of a user of pressurized oxygen cylinders, the supplier shall report the delivery to the appropriate local law enforcement agency and the appropriate local fire department or fire protection district within 2 days after the delivery. Provides that the local law enforcement agency to whom the information is reported shall ensure that the information is entered into the PAP database. Also requires a supplier to give notice to the user. Provides that if a supplier fails to report the delivery of a pressurized oxygen cylinder as required, the supplier is subject to a civil penalty of $250, which may be imposed by the Illinois Emergency Management Agency. Creates the Premise Alert Program (PAP) Fund as a special fund in the State treasury, and provides that all civil penalties collected under these provisions shall be deposited into the Fund. Provides that moneys in the Fund shall, subject to appropriation, be used by the Illinois Emergency Management Agency to administer these provisions. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.756 as follows:
(30 ILCS 105/5.756 new)
Sec. 5.756. The Premise Alert Program (PAP) Fund.
Section 10. The Illinois Premise Alert Program (PAP) Act is
amended by changing Sections 5, 10, 15, 20, and 30 and by
adding Section 17 as follows:
(430 ILCS 132/5)
Sec. 5. Purpose. It is the policy of the State of Illinois
to ensure that consistently high levels of public safety
services are available to all members of the State, including
people who may require special consideration in order to access
services. This program shall seek to afford people with
disabilities or special needs, or both, and individuals who
have pressurized oxygen cylinders at their residence for
medical or other use, the same access to public safety services
provided to all citizens. It is the intent of this program to
do the following:

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(1) Offer offer guidance and direction to public safety
workers in responding to and assisting those people with
special needs or disabilities or both with whom they will
have contact in the performance of their duties and
responsibilities.
(2) Provide notice to public safety workers who respond
to or assist users of pressurized oxygen cylinders that
such cylinders may be located on the premises.
The ability to effectively deal with special needs
individuals and users of pressurized oxygen cylinders is
enhanced with knowledge or information. The ability to identify
special needs individuals, their places of employment,
educational facilities, and residences, and the ability to
identify residences that may contain pressurized oxygen
cylinders, are valuable resources in instances when or if an
emergency response by law enforcement or fire protection
personnel or both are needed.
(Source: P.A. 96-788, eff. 8-28-09.)
(430 ILCS 132/10)
Sec. 10. Definitions. As used in this Act:
"Disability" means an individual's physical or mental
impairment that substantially limits one or more of the major
life activities; a record of such impairment; or when the
individual is regarded as having such an impairment.
"Special needs individuals" means those individuals who

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have or are at increased risk for a chronic physical,
developmental, behavioral, or emotional condition and who also
require health and related services of a type or amount beyond
that required by individuals generally.
"User of pressurized oxygen cylinders" or "user" means (i)
an individual who uses or stores at his or her residence one or
more pressurized oxygen cylinders, including self-contained
underwater breathing apparatus (scuba) tanks, for medical,
recreational, or other use, or (ii) an individual who resides
with such an individual. "User of pressurized oxygen cylinders"
does not include an individual who has one or more empty oxygen
cylinders stored at his or her residence but does not have any
pressurized oxygen cylinders stored at his or her residence.
"Supplier of pressurized oxygen cylinders" or "supplier"
means an individual or entity who causes a pressurized oxygen
cylinder to be delivered to the residence of a user of
pressurized oxygen cylinders.
"Public safety agency" means a functional division of a
public agency that provides firefighting, police, medical, or
other emergency services.
"Computer aided dispatch" or "CAD" means a database
maintained by the public safety agency or public safety
answering point used in conjunction with 9-1-1 caller data.
"Premise Alert Program" or "PAP" means a computer aided
dispatch database of individuals with special needs and users
of pressurized oxygen cylinders maintained by public safety

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agencies.
(Source: P.A. 96-788, eff. 8-28-09.)
(430 ILCS 132/15)
Sec. 15. Reporting of Special Needs Individuals.
(a) Public safety agencies shall make reasonable efforts to
publicize the Premise Alert Program (PAP) database. Means of
publicizing the database include, but are not limited to,
pamphlets and websites.
(b) Families, caregivers, or the individuals with
disabilities or special needs may contact their local law
enforcement agency or fire department or fire protection
district.
(c) Public safety workers are to be cognizant cognitive of
special needs individuals they may come across when they
respond to calls. If workers are able to identify individuals
who have special needs, they shall try to ascertain as
specifically as possible what that special need might be. The
public safety worker should attempt to verify the special need
as provided in item (2) of subsection (d).
(d) The disabled individual's name, date of birth, phone
number, and residential address or place of employment should
also be obtained for possible entry into the PAP database.
(1) Whenever possible, it is preferable that written
permission is obtained from a parent, guardian, family
member, or caregiver of the individual themselves prior to

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being entered into the PAP database.
(2) No individual may be entered into a PAP database
unless the special need has been verified. Acceptable means
of verifying a special need for purposes of this program
shall include statements by:
(A) the individual,
(B) family members,
(C) friends,
(D) caregivers, or
(E) medical personnel familiar with the
individual.
(e) For public safety agencies that share the same CAD
database, information collected by one agency serviced by the
CAD database is to be disseminated to all agencies utilizing
that database.
(f) Information received at an incorrect public safety
agency shall be accepted and forwarded to the correct agency as
soon as possible.
(g) All information entered into the PAP database
concerning a special needs individual must be updated every 2
years or when such information changes.
(Source: P.A. 96-788, eff. 8-28-09.)
(430 ILCS 132/17 new)
Sec. 17. Reporting delivery of pressurized oxygen
cylinder.

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(a) Whenever a supplier causes a pressurized oxygen
cylinder to be delivered to the residence of a user of
pressurized oxygen cylinders, the supplier shall report the
delivery to the appropriate local law enforcement agency and
the appropriate local fire department or fire protection
district within 2 days after the delivery. The supplier shall
report the name, residence address, and telephone number of the
user to whom the pressurized oxygen cylinder was delivered as
well as the number and size or sizes of the cylinders
delivered. The local law enforcement agency to whom the
information is reported shall ensure that the information is
entered into the PAP database.
(b) A supplier who causes a pressurized oxygen cylinder to
be delivered to the residence of a user of pressurized oxygen
cylinders shall notify the user that:
(1) The supplier is required to report information
concerning the delivery to the appropriate local law
enforcement agency and the appropriate local fire
department or fire protection district as required under
subsection (a).
(2) The reporting of this information will not result
in preferential treatment of the user.
A supplier need not give this notice to a user more than
once each 12 months.
(c) Public safety workers shall be cognizant of users of
pressurized oxygen cylinders whom they may come into contact

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when they respond to calls.
(d) If a supplier fails to report the delivery of a
pressurized oxygen cylinder as required under subsection (a),
the supplier is subject to a civil penalty of $250. The
Illinois Emergency Management Agency may impose a civil penalty
under this subsection following notice to the supplier and an
opportunity for the supplier to participate in an
administrative hearing and offer evidence on the matter. The
Attorney General may bring an action in the circuit court to
enforce the collection of a penalty imposed under this
subsection.
(e) The Premise Alert Program (PAP) Fund is created as a
special fund in the State treasury. All civil penalties
collected under this Section shall be deposited into the Fund.
Interest earned on moneys in the Fund shall be credited to the
Fund. Moneys in the Fund shall, subject to appropriation, be
used by the Illinois Emergency Management Agency to administer
the provisions of this amendatory Act of the 96th General
Assembly.
(430 ILCS 132/20)
Sec. 20. Provision of information to the field. When
special needs information or information concerning a user of
pressurized oxygen cylinders comes up in a CAD database, the
telecommunicator shall relay that information to responding
personnel.

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(Source: P.A. 96-788, eff. 8-28-09.)
(430 ILCS 132/30)
Sec. 30. Liability. Except for willful or wanton
misconduct, a public safety agency shall not be subject to
civil liabilities for duties relating to the reporting of
special needs individuals or the reporting of information
concerning a user of pressurized oxygen cylinders.
(Source: P.A. 96-788, eff. 8-28-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.