Sen. Edward D. Maloney
Filed: 3/12/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2057




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    AMENDMENT NO. ______. Amend Senate Bill 2057 by replacing 
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everything after the enacting clause with the following:


 
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    "Section 1. Short title. This Act may be cited as the 
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Illinois Premise Alert Program (PAP) Act.
 
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    Section 5. Purpose.  It is the policy of the State of 
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Illinois to ensure that consistently high levels of public 
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safety services are available to all members of the State, 
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including people who may require special consideration in
order 
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to access services. This program shall seek to afford people 
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with disabilities or special needs or both the same access to 
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public safety services provided to all citizens. It is the 
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intent of this program to offer guidance and direction to 
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public safety workers in responding to and assisting those 
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people with special needs or disabilities or both with whom 
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they will have contact in the
performance of their duties and 
 


 






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responsibilities. The ability to effectively deal with special 
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needs individuals is enhanced with knowledge or information. 
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The ability to identify special needs individuals, their places 
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of employment, educational facilities, and residences are 
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valuable resources in instances when or if an emergency 
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response by law enforcement or fire protection personnel or 
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both are needed.

 
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    Section 10. Definitions.  As used in this Act:
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    "Disability" means an individual's physical or mental 
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impairment that
substantially limits one or more of the major 
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life activities; a record of such impairment; or when the 
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individual is regarded as having such an impairment.
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    "Special needs individuals" means those individuals who 
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have or are at increased risk for a chronic physical, 
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developmental, behavioral, or emotional condition and who also 
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require health and related services of a type or amount beyond 
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that required by individuals generally.
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    "Public safety agency" means a functional division of a 
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public agency that provides firefighting, police, medical, or 
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other emergency services.
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    "Computer aided dispatch" or "CAD" means a database 
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maintained by the public safety agency or public safety 
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answering point used in conjunction with 9-1-1 caller data.
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    "Premise Alert Program"  or "PAP" means a computer aided 
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dispatch database of individuals with special needs maintained 
 


 






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by public safety agencies.

 
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    Section 15. Reporting of Special Needs Individuals. 

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    (a) Public safety agencies shall make reasonable efforts to 
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publicize the Premise Alert Program (PAP) database. Means of 
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publicizing the database include, but are not limited to, 
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pamphlets and websites.
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    (b) Families, caregivers, or the individuals with 
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disabilities or special needs may contact their local law 
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enforcement agency or fire department or fire protection 
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district.
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    (c) Public safety workers are to be cognitive of special 
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needs individuals they may come across when they respond to 
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calls. If workers are able to identify individuals who have 
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special needs, they shall try to ascertain as specifically as 
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possible what that special need might be. The public safety 
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worker should attempt to verify the special need as provided in 
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item (2) of subsection (d).
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    (d) The disabled individual's name, date of birth, phone 
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number, and
residential address or place of employment should 
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also be obtained
for possible entry into the PAP database.
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        (1) Whenever possible, it is preferable that written 
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    permission is
         obtained from a parent, guardian, family 
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    member, or caregiver
         of the individual themselves prior to 
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    being entered into the
         PAP database.
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        (2) No individual may be entered into a PAP
         database 
 


 






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    unless the special need has been verified.
         Acceptable means 
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    of verifying a special need for purposes
         of this program 
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    shall include statements by:
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            (A) the individual,
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            (B) family members,
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            (C) friends,
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            (D) caregivers, or
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            (E) medical personnel familiar with the 
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        individual.
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    (e) For public safety agencies that share the same CAD 
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database, information collected by one agency serviced by the 
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CAD database is to be disseminated to all agencies utilizing 
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that database.
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    (f) Information received at an incorrect public safety 
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agency shall be accepted and forwarded to the correct agency as 
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soon as possible.

 
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    Section 20. Provision of information to the field. 
        When 
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special needs information comes up in a CAD database, the 
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telecommunicator shall relay that information to responding 
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personnel.

 
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    Section 25. Confidentiality. 
        The information gathered as 
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part of PAP shall remain strictly confidential. The information 
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shall be
used only to provide assistance to emergency medical 
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and police
responders. No public safety worker shall knowingly 
 


 






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violate this confidentiality clause. Citizens who believe 
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their health privacy rights have been violated may file a 
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complaint with the U.S. Department of Health and Human Services 
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(DHHS) via the Office of Civil Rights (OCR).

 
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    Section 30. Liability. 
Nothing in this Act shall be 
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construed to create a duty of care or ground of liability for 
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injury to persons or property.

 
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    Section 35. Citizen advisory.
      Citizens electing to 
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participate in PAP must be advised that the provision of 
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special needs information will not result in preferential 
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treatment.




 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".