|
Agency and the Illinois Department of Public Health |
pursuant to the declared disaster. |
(b) Persons exempt from licensure under paragraph (1) of |
subsection (a) of this Section and persons operating under |
modified scope of practice provisions under paragraph (2) of |
subsection (a) of this Section shall be exempt from licensure |
or be subject to modified scope of practice only until the |
declared disaster has ended as provided by law. For purposes of |
this Section, persons working under the direction of an |
emergency services and disaster agency accredited by the |
Illinois Emergency Management Agency and a local public health |
department, pursuant to a declared disaster, shall be deemed to |
be working under the direction of the Illinois Emergency |
Management Agency and the Department of Public Health.
|
(c) The Director shall exercise these powers by way of |
proclamation.
|
(Source: P.A. 93-829, eff. 7-28-04.)
|
Section 10. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 2310-625 as follows:
|
(20 ILCS 2310/2310-625)
|
Sec. 2310-625. Emergency Powers. |
(a) Upon proclamation of a disaster by the Governor, as |
provided for in the Illinois Emergency Management Agency Act, |
the Director of Public Health shall have the following powers, |
which shall be exercised only in coordination with the Illinois |
Emergency Management Agency and the Department of Financial and
|
Professional Regulation: |
(1) The power to suspend the requirements for temporary |
or permanent licensure or certification of persons who are |
licensed or certified in another state and are working |
under the direction of the Illinois Emergency Management |
Agency and the Illinois Department of Public Health |
pursuant to the declared disaster. |
|
(2) The power to modify the scope of practice |
restrictions under the Emergency Medical Services (EMS) |
Systems Act for any persons who are licensed under that Act |
for any person working under the direction of the Illinois |
Emergency Management Agency and the Illinois Department of |
Public Health pursuant to the declared disaster. |
(3) The power to modify the scope of practice |
restrictions under the Nursing Home Care Act for Certified |
Nursing Assistants for any person working under the |
direction of the Illinois Emergency Management Agency and |
the Illinois Department of Public Health pursuant to the |
declared disaster. |
(b) Persons exempt from licensure or certification under |
paragraph (1) of subsection (a) and persons operating under |
modified scope of practice provisions under paragraph (2) of |
subsection (a) and paragraph (3) of subsection (a) shall be |
exempt from licensure or certification or subject to modified |
scope of practice only until the declared disaster has ended as |
provided by law. For purposes of this Section, persons working |
under the direction of an emergency services and disaster |
agency accredited by the Illinois Emergency Management Agency |
and a local public health department, pursuant to a declared |
disaster, shall be deemed to be working under the direction of |
the Illinois Emergency Management Agency and the Department of |
Public Health.
|
(c) The Director shall exercise these powers by way of |
proclamation.
|
(Source: P.A. 93-829, eff. 7-28-04.)
|
Section 15. The Illinois Emergency Management Agency Act is |
amended by changing Section 10 as follows:
|
(20 ILCS 3305/10) (from Ch. 127, par. 1060)
|
Sec. 10. Emergency Services and Disaster Agencies.
|
(a) Each political subdivision within this State shall be |
within the
jurisdiction of and served by the Illinois Emergency |
|
Management Agency and by
an emergency services and disaster |
agency responsible for emergency management
programs. A |
township, if the township is in a county having a population
of |
more than 2,000,000, must have approval of the county |
coordinator before
establishment of a township emergency |
services and disaster agency.
|
(b) Unless multiple county emergency services and disaster |
agency
consolidation is authorized by the Illinois Emergency |
Management Agency
with the consent of the respective counties, |
each county shall maintain
an emergency services and disaster |
agency
that has jurisdiction over and serves the entire county, |
except as
otherwise provided under this Act and except that in |
any county with a
population of over 3,000,000 containing a |
municipality with a population of
over 500,000 the jurisdiction |
of the county agency shall not extend to
the municipality when |
the municipality has
established its own agency.
|
(c) Each municipality with a population of over 500,000 |
shall maintain
an emergency services and disaster agency which |
has jurisdiction over and
serves the entire municipality. A |
municipality with a population less than
500,000 may establish, |
by ordinance, an agency or department responsible for
emergency |
management within the municipality's corporate limits.
|
(d) The Governor shall determine which municipal |
corporations, other
than those specified in paragraph (c) of |
this Section, need
emergency services and disaster agencies of |
their own and require that
they be established and maintained. |
The Governor shall make
these determinations on
the basis of |
the municipality's disaster vulnerability and capability of
|
response related to population size and concentration. The |
emergency services
and disaster agency of a county or township, |
shall not have a jurisdiction
within a political subdivision |
having its own emergency services and disaster
agency, but |
shall cooperate with the emergency services and disaster agency
|
of a city, village or incorporated town within their borders. |
The
Illinois Emergency Management Agency shall publish and |
furnish a current
list to the municipalities required to have |
|
an emergency services and
disaster agency under this |
subsection.
|
(e) Each municipality that is not required to and does not |
have an
emergency services and disaster agency shall have a |
liaison officer
designated to facilitate the cooperation and |
protection of that municipal
corporation with the county |
emergency services and disaster agency in which
it is located |
in the work of disaster mitigation, preparedness, response,
and |
recovery.
|
(f) The principal executive officer or his or her designee |
of each
political subdivision in the State shall annually |
notify the Illinois
Emergency Management Agency of the manner |
in which the political
subdivision is providing or securing |
emergency management, identify the
executive head of the agency |
or the department from which the service is
obtained, or the |
liaison officer in accordance with paragraph (d) of this
|
Section and furnish additional information relating thereto as |
the
Illinois Emergency Management Agency requires.
|
(g) Each emergency services and disaster agency shall |
prepare an emergency
operations plan for its geographic |
boundaries that complies with planning,
review, and approval |
standards promulgated by the Illinois Emergency
Management |
Agency. The Illinois Emergency Management Agency shall |
determine
which jurisdictions will be required to include |
earthquake preparedness in
their local emergency operations |
plans.
|
(h) The emergency services and disaster agency shall |
prepare and
distribute to all appropriate officials in written |
form a clear and
complete statement of the emergency |
responsibilities of all local
departments and officials and of |
the disaster chain of command.
|
(i) Each emergency services and disaster agency shall have |
a Coordinator
who shall be appointed by the principal executive |
officer of the political
subdivision in the same manner as are |
the heads of regular governmental
departments. If the political |
subdivision is a county and the principal
executive officer |
|
appoints the sheriff as the Coordinator, the sheriff may,
in |
addition to his or her regular compensation, receive |
compensation at the
same level as provided in Section 3 of "An |
Act in relation to the regulation
of motor vehicle traffic and |
the promotion of safety on public highways in
counties", |
approved August 9, 1951, as amended. The Coordinator shall have
|
direct responsibility for the organization, administration, |
training, and
operation of the emergency services and disaster |
agency, subject to the
direction and control of that principal |
executive officer. Each emergency
services and disaster agency |
shall coordinate and may perform emergency
management |
functions within the territorial limits of the political
|
subdivision within which it is organized as are prescribed in |
and by
the State Emergency Operations Plan, and programs, |
orders, rules and
regulations as may be promulgated by the |
Illinois Emergency Management
Agency and by local ordinance |
and, in addition, shall conduct such
functions outside of those |
territorial limits as may be required under
mutual aid |
agreements and compacts as are entered into under subparagraph
|
(5) of paragraph (c) of Section 6.
|
(j) In carrying out the provisions of this Act, each |
political
subdivision may enter into contracts and incur |
obligations necessary to
place it in a position effectively to |
combat the disasters as are
described in Section 4, to protect |
the health and safety of persons,
to protect property, and to |
provide emergency assistance to victims of
those disasters. If |
a disaster occurs, each political subdivision
may exercise the |
powers vested under this Section in the light of the
exigencies |
of the disaster and, excepting mandatory constitutional
|
requirements, without regard to the procedures and formalities |
normally
prescribed by law pertaining to the performance of |
public work, entering
into contracts, the incurring of |
obligations, the employment of
temporary workers, the rental of |
equipment, the purchase of supplies and
materials, and the |
appropriation, expenditure, and disposition of public
funds |
and property.
|
|
(k) Volunteers who, while engaged in a disaster, an |
exercise, training
related to the emergency operations plan of |
the political subdivision, or
a search-and-rescue team |
response to an occurrence or threat of injury or
loss of life |
that is beyond local response capabilities, suffer disease,
|
injury or death, shall, for the purposes of benefits under the |
Workers'
Compensation Act or Workers' Occupational Diseases |
Act only, be deemed
to be employees of the State, if: (1) the |
claimant is a duly qualified
and enrolled (sworn in) as a |
volunteer of the Illinois Emergency Management
Agency or an |
emergency services and disaster agency accredited by the |
Illinois
Emergency Management Agency, and (2) if: (i) the |
claimant was participating
in a disaster as defined in Section |
4 of this Act, (ii) the exercise or
training participated in |
was specifically and expressly approved by the
Illinois |
Emergency Management Agency prior to the exercise or training, |
or
(iii) the search-and-rescue team response was to an |
occurrence or threat of
injury or loss of life that was beyond |
local response capabilities and was
specifically and expressly |
approved by the Illinois Emergency Management
Agency prior to |
the search-and-rescue team response. The computation of
|
benefits payable under either of those Acts shall be based on |
the income
commensurate with comparable State employees doing |
the same type work or
income from the person's regular |
employment, whichever is greater. |
Volunteers who are working under the direction of an |
emergency services and disaster agency accredited by the |
Illinois Emergency Management Agency, pursuant to a plan |
approved by the Illinois Emergency Management Agency (i) during |
a disaster declared by the Governor under Section 7 of this |
Act, or (ii) in circumstances otherwise expressly approved by |
the Illinois Emergency Management Agency, shall be deemed |
exclusively employees of the State for purposes of Section 8(d) |
of the Court of Claims Act, provided that the Illinois |
Emergency Management Agency may, in coordination with the |
emergency services and disaster agency, audit implementation |
|
for compliance with the plan.
|
(l) If any person who is entitled to receive benefits |
through the
application of this Section receives, in connection |
with the disease,
injury or death giving rise to such |
entitlement, benefits under an Act
of Congress or federal |
program, benefits payable under this
Section shall be reduced |
to the extent of the benefits received under
that other Act or |
program.
|
(m) (1) Prior to conducting an exercise, the principal |
executive officer of
a political subdivision or his or her |
designee shall provide area media with
written |
notification of the exercise. The notification shall |
indicate that
information relating to the exercise shall |
not be released to the public until
the commencement of the |
exercise. The notification shall also contain a request
|
that the notice be so posted to ensure that all relevant |
media personnel
are advised of the exercise before it |
begins.
|
(2) During the conduct of an exercise, all messages,
|
two-way radio communications, briefings, status reports, |
news releases, and
other oral or written communications |
shall begin and end with the following
statement: "This is |
an exercise message".
|
(Source: P.A. 92-16, eff. 6-28-01; 92-73, eff. 1-1-02.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |