HB0006 93rd General Assembly


                                     LRB093 02058 MKM 02086 b

 1        AN ACT concerning public health emergencies.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Disaster  Relief  Act  is  amended  by
 5    changing Section 1 as follows:

 6        (15 ILCS 30/1) (from Ch. 127, par. 293.1)
 7        Sec. 1.  As used in this Act:
 8        "Disaster" means an occurrence or threat of widespread or
 9    severe damage, injury or loss of life or  property  resulting
10    from  any  natural  or technological cause, including but not
11    limited to fire, flood, earthquake,  wind,  storm,  hazardous
12    material   spill   or  other  water  contamination  requiring
13    emergency action to avert danger  or  damage,  epidemic,  air
14    contamination,   blight,   extended  periods  of  severe  and
15    inclement weather, drought, infestation,  critical  shortages
16    of  essential  fuels  and energy, explosion, riot, or hostile
17    military or paramilitary action, public  health  emergencies,
18    or acts of domestic terrorism.
19        "Disaster  area"  means  the area directly affected by or
20    threatened with a disaster.
21    (Source: P.A. 85-845.)

22        Section 10.  The Department of Public Health  Powers  and
23    Duties  Law  of  the Civil Administrative Code of Illinois is
24    amended by adding Section 2310-50.5 as follows:

25        (20 ILCS 2310/2310-50.5 new)
26        Sec. 2310-50.5.  Coordination  concerning  public  health
27    emergencies.   To  coordinate  with  the  Illinois  Emergency
28    Management Agency with respect to planning for and responding
29    to  public health emergencies, as defined in Section 4 of the
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 1    Illinois Emergency Management Agency Act.

 2        Section 15.  The Illinois Emergency Management Agency Act
 3    is amended by changing Sections 4, 5 and 9 as follows:

 4        (20 ILCS 3305/4) (from Ch. 127, par. 1054)
 5        Sec. 4.  Definitions.  As used in this  Act,  unless  the
 6    context  clearly indicates otherwise, the following words and
 7    terms have the meanings ascribed to them in this Section:
 8        "Coordinator" means the staff assistant to the  principal
 9    executive officer of a political subdivision with the duty of
10    coordinating   the  emergency  management  programs  of  that
11    political subdivision.
12        "Disaster" means an occurrence or threat of widespread or
13    severe damage, injury or loss of life or  property  resulting
14    from  any  natural  or technological cause, including but not
15    limited to fire, flood, earthquake,  wind,  storm,  hazardous
16    materials   spill  or  other  water  contamination  requiring
17    emergency action to avert danger  or  damage,  epidemic,  air
18    contamination,   blight,   extended  periods  of  severe  and
19    inclement weather, drought, infestation,  critical  shortages
20    of  essential  fuels  and  energy,  explosion,  riot, hostile
21    military or paramilitary action, public  health  emergencies,
22    or acts of domestic terrorism.
23        "Emergency Management" means the efforts of the State and
24    the   political   subdivisions  to  develop,  plan,  analyze,
25    conduct,  provide,  implement  and  maintain   programs   for
26    disaster mitigation, preparedness, response and recovery.
27        "Emergency Services and Disaster Agency" means the agency
28    by  this name, by the name Emergency Management Agency, or by
29    any other name that is  established  by  ordinance  within  a
30    political  subdivision to coordinate the emergency management
31    program within that political subdivision  and  with  private
32    organizations,  other  political  subdivisions, the State and
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 1    federal governments.
 2        "Emergency Operations Plan" means the written plan of the
 3    State and political subdivisions describing the organization,
 4    mission, and  functions  of  the  government  and  supporting
 5    services for responding to and recovering from disasters.
 6        "Emergency  Services" means the coordination of functions
 7    by the  State  and  its  political  subdivision,  other  than
 8    functions   for   which   military   forces   are   primarily
 9    responsible,  as  may  be  necessary  or  proper  to prevent,
10    minimize, repair, and alleviate injury and  damage  resulting
11    from  any  natural  or technological causes.  These functions
12    include, without limitation, fire fighting  services,  police
13    services,  emergency  aviation  services,  medical and health
14    services,    rescue,    engineering,    warning     services,
15    communications,  radiological,  chemical  and  other  special
16    weapons  defense,  evacuation  of  persons  from  stricken or
17    threatened  areas,  emergency  assigned  functions  of  plant
18    protection, temporary restoration of public utility  services
19    and  other functions related to civilian protection, together
20    with  all  other  activities  necessary  or   incidental   to
21    protecting life or property.
22        "Exercise" means a planned event realistically simulating
23    a  disaster,  conducted  for  the  purpose  of evaluating the
24    political  subdivision's  coordinated  emergency   management
25    capabilities,  including,  but  not  limited  to, testing the
26    emergency operations plan.
27        "Illinois Emergency Management Agency" means  the  agency
28    established  by this Act within the executive branch of State
29    Government  responsible  for  coordination  of  the   overall
30    emergency  management  program  of the State and with private
31    organizations,  political  subdivisions,  and   the   federal
32    government.  Illinois  Emergency Management Agency also means
33    the State Emergency Response Commission responsible  for  the
34    implementation  of  Title III of the Superfund Amendments and
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 1    Reauthorization Act of 1986.
 2        "Mobile  Support  Team"  means  a  group  of  individuals
 3    designated as a team by the Governor  or  Director  to  train
 4    prior  to  and  to  be  dispatched,  if  the  Governor or the
 5    Director so determines, to aid and reinforce  the  State  and
 6    political   subdivision   emergency   management  efforts  in
 7    response to a disaster.
 8        "Municipality" means any city, village, and  incorporated
 9    town.
10        "Political  Subdivision" means any county, city, village,
11    or incorporated town or township if  the  township  is  in  a
12    county having a population of more than 2,000,000.
13        "Principal  Executive Officer"  means chair of the county
14    board, supervisor of a township  if  the  township  is  in  a
15    county having a population of more than 2,000,000, mayor of a
16    city  or  incorporated  town,  president  of a village, or in
17    their  absence  or  disability,  the  interim  successor   as
18    established   under   Section  7  of  the  Emergency  Interim
19    Executive Succession Act.
20        "Public  health  emergency"   means  an   occurrence   or
21    imminent threat of an illness or health condition that:
22             (a)  is   believed  to  be  caused  by  any  of  the
23        following:
24                  (i)  bioterrorism;
25                  (ii)  the appearance of a novel  or  previously
26             controlled   or   eradicated   infectious  agent  or
27             biological toxin;
28                  (iii)  a natural disaster;
29                  (iv)  a chemical attack or accidental  release;
30             or
31                  (v)  a nuclear attack or accident; and
32             (b)  poses   a   high  probability  of  any  of  the
33        following harms:
34                  (i)  a large number of deaths in  the  affected
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 1             population;
 2                  (ii)  a  large  number  of serious or long-term
 3             disabilities in the affected population; or
 4                  (iii)  widespread exposure to an infectious  or
 5             toxic   agent  that  poses  a  significant  risk  of
 6             substantial future harm to a large number of  people
 7             in the affected population.
 8    (Source: P.A. 92-73, eff. 1-1-02.)

 9        (20 ILCS 3305/5) (from Ch. 127, par. 1055)
10        Sec. 5.  Illinois Emergency Management Agency.
11        (a)  There  is created within the executive branch of the
12    State Government an Illinois Emergency Management Agency  and
13    a  Director  of  the  Illinois  Emergency  Management Agency,
14    herein called the "Director" who shall be the  head  thereof.
15    The  Director  shall  be  appointed by the Governor, with the
16    advice and consent of the Senate, and shall serve for a  term
17    of  2  years  beginning on the third Monday in January of the
18    odd-numbered year, and until a successor is appointed and has
19    qualified;  except  that  the  term  of  the  first  Director
20    appointed under this Act shall expire on the third Monday  in
21    January,  1989.   The  Director  shall  not  hold  any  other
22    remunerative  public  office.  The  Director shall receive an
23    annual salary as set by the Governor from time to time or the
24    amount set by the Compensation  Review  Board,  whichever  is
25    higher.  If set by the Governor, the Director's annual salary
26    may not exceed 85% of the Governor's annual salary.
27        (b)  The   Illinois  Emergency  Management  Agency  shall
28    obtain,  under  the  provisions  of   the   Personnel   Code,
29    technical,  clerical,  stenographic  and other administrative
30    personnel, and may make expenditures within the appropriation
31    therefor as may be necessary to carry out the purpose of this
32    Act.  The agency created by this Act  is  intended  to  be  a
33    successor  to the agency created under the Illinois Emergency
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 1    Services and Disaster Agency Act of 1975 and  the  personnel,
 2    equipment,  records,  and  appropriations  of that agency are
 3    transferred to the successor agency as of the effective  date
 4    of this Act.
 5        (c)  The  Director,  subject to the direction and control
 6    of the Governor, shall be the executive head of the  Illinois
 7    Emergency  Management Agency and the State Emergency Response
 8    Commission and shall be responsible under  the  direction  of
 9    the  Governor,  for  carrying  out  the program for emergency
10    management of this State.  The Director shall  also  maintain
11    liaison   and   cooperate   with   the  emergency  management
12    organizations of this State  and  other  states  and  of  the
13    federal government.
14        (d)  The  Illinois Emergency Management Agency shall take
15    an integral part in the development and revision of political
16    subdivision  emergency  operations   plans   prepared   under
17    paragraph  (f) of Section 10.  To this end it shall employ or
18    otherwise secure the services of professional  and  technical
19    personnel  capable  of  providing  expert  assistance  to the
20    emergency services and disaster  agencies.   These  personnel
21    shall  consult  with emergency services and disaster agencies
22    on a regular basis and shall make field examinations  of  the
23    areas,   circumstances,   and   conditions   that  particular
24    political subdivision emergency operations plans are intended
25    to apply.
26        (e)  The  Illinois   Emergency  Management   Agency   and
27    political   subdivisions  shall  be  encouraged  to  form  an
28    emergency management advisory committee composed  of  private
29    and  public  personnel  representing the emergency management
30    phases of mitigation, preparedness, response,  and  recovery.
31    The  Local Emergency Planning Committee, as created under the
32    Illinois Emergency Planning and Community Right to Know  Act,
33    shall  serve  as  an  advisory  committee  to  the  emergency
34    services  and  disaster agency or agencies serving within the
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 1    boundaries  of  that  Local  Emergency   Planning   Committee
 2    planning district for:
 3             (1)  the  development  of  emergency operations plan
 4        provisions for hazardous chemical emergencies; and
 5             (2)  the   assessment    of    emergency    response
 6        capabilities related to hazardous chemical emergencies.
 7        (f)  The Illinois Emergency Management Agency shall:
 8             (1)  Coordinate  the  overall  emergency  management
 9        program of the State.
10             (2)  Cooperate  with  local governments, the federal
11        government and any public or private agency or entity  in
12        achieving  any  purpose  of  this Act and in implementing
13        emergency    management    programs    for    mitigation,
14        preparedness, response, and recovery.
15             (2.5)  Cooperate  with  the  Department  of  Nuclear
16        Safety in  development  of  the  comprehensive  emergency
17        preparedness  and  response plan for any nuclear accident
18        in accordance with Section 2005-65 of the  Department  of
19        Nuclear  Safety  Law  of the Civil Administrative Code of
20        Illinois and  in  development  of  the  Illinois  Nuclear
21        Safety  Preparedness program in accordance with Section 8
22        of the Illinois Nuclear Safety Preparedness Act.
23             (2.6)  Coordinate  with  the  Department  of  Public
24        Health with respect to planning  for  and  responding  to
25        public health emergencies.
26             (3)  Prepare,   for   issuance   by   the  Governor,
27        executive  orders,  proclamations,  and  regulations   as
28        necessary or appropriate in coping with disasters.
29             (4)  Promulgate rules and requirements for political
30        subdivision  emergency  operations  plans  that  are  not
31        inconsistent  with  and  are  at  least  as  stringent as
32        applicable federal laws and regulations.
33             (5)  Review and approve, in accordance with Illinois
34        Emergency Management Agency rules,  emergency  operations
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 1        plans  for  those political subdivisions required to have
 2        an emergency services and  disaster  agency  pursuant  to
 3        this Act.
 4             (5.5)  Promulgate  rules  and  requirements  for the
 5        political  subdivision  emergency  management  exercises,
 6        including, but not limited to, exercises of the emergency
 7        operations plans.
 8             (5.10)  Review, evaluate, and approve, in accordance
 9        with  Illinois   Emergency   Management   Agency   rules,
10        political  subdivision emergency management exercises for
11        those  political  subdivisions  required   to   have   an
12        emergency  services  and disaster agency pursuant to this
13        Act.
14             (6)  Determine requirements of  the  State  and  its
15        political  subdivisions  for  food,  clothing,  and other
16        necessities in event of a disaster.
17             (7)  Establish a register of persons with  types  of
18        emergency  management  training and skills in mitigation,
19        preparedness, response, and recovery.
20             (8)  Establish a register of government and  private
21        response resources available for use in a disaster.
22             (9)  Expand the Earthquake Awareness Program and its
23        efforts  to  distribute earthquake preparedness materials
24        to schools,  political  subdivisions,  community  groups,
25        civic  organizations,  and  the  media.  Emphasis will be
26        placed on those areas of the State most at risk  from  an
27        earthquake.   Maintain  the list of all school districts,
28        hospitals,  airports,  power  plants,  including  nuclear
29        power plants, lakes, dams, emergency response  facilities
30        of  all  types,  and  all  other  major public or private
31        structures which are at the greatest risk of damage  from
32        earthquakes  under  circumstances  where the damage would
33        cause subsequent harm to the surrounding communities  and
34        residents.
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 1             (10)  Disseminate  all  information,  completely and
 2        without delay, on water levels for rivers and streams and
 3        any other data pertaining to potential flooding  supplied
 4        by  the Division of Water Resources within the Department
 5        of Natural Resources to all political subdivisions to the
 6        maximum extent possible.
 7             (11)  Develop agreements, if feasible, with  medical
 8        supply  and  equipment  firms  to supply resources as are
 9        necessary to  respond  to  an  earthquake  or  any  other
10        disaster as defined in this Act.  These resources will be
11        made available upon notifying the vendor of the disaster.
12        Payment  for  the  resources  will  be in accordance with
13        Section 7 of this Act.  The Illinois Department of Public
14        Health shall determine which resources will  be  required
15        and requested.
16             (12)  Out  of funds appropriated for these purposes,
17        award  capital  and  non-capital   grants   to   Illinois
18        hospitals  or health care facilities located outside of a
19        city with a population in excess of 1,000,000 to be  used
20        for  purposes  that  include,  but  are  not  limited to,
21        preparing to respond to mass  casualties  and  disasters,
22        maintaining  and  improving patient safety and quality of
23        care,  and  protecting  the  confidentiality  of  patient
24        information.  No single grant for a  capital  expenditure
25        shall exceed $300,000.  No single grant for a non-capital
26        expenditure  shall  exceed  $100,000.    In awarding such
27        grants, preference shall be given to hospitals that serve
28        a significant number of Medicaid recipients, but  do  not
29        qualify  for  disproportionate  share hospital adjustment
30        payments under the Illinois Public Aid Code.  To  receive
31        such  a  grant,  a  hospital or health care facility must
32        provide funding of at  least  50%  of  the  cost  of  the
33        project  for  which  the  grant  is  being requested.  In
34        awarding such grants the  Illinois  Emergency  Management
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 1        Agency shall consider the recommendations of the Illinois
 2        Hospital Association.
 3             (13)  Do  all  other things necessary, incidental or
 4        appropriate for the implementation of this Act.
 5    (Source: P.A. 91-25, eff. 6-9-99; 92-73, eff. 1-1-02; 92-597,
 6    eff. 6-28-02.)

 7        (20 ILCS 3305/9) (from Ch. 127, par. 1059)
 8        Sec. 9.  Financing.
 9        (a)  It is the intent of the Legislature and declared  to
10    be the policy of the State that funds to meet disasters shall
11    always be available.
12        (b)  It is the legislative intent that the first recourse
13    shall  be  to  funds  regularly  appropriated  to  State  and
14    political  subdivision  departments  and  agencies.   If  the
15    Governor  finds  that  the demands placed upon these funds in
16    coping with a particular disaster are unreasonably great, the
17    Governor may make funds available from  the  Disaster  Relief
18    Fund. If monies available from the Fund are insufficient, and
19    if  the  Governor  finds  that other sources of money to cope
20    with the disaster are not available or are insufficient,  the
21    Governor   shall   request  the  General  Assembly  to  enact
22    legislation as it may deem necessary to transfer  and  expend
23    monies  appropriated for other purposes or borrow, for a term
24    not to exceed 2 years from the United  States  government  or
25    other  public  or private source.  If the General Assembly is
26    not sitting in regular session to enact such legislation  for
27    the  transfer,  expenditure  or  loan of such monies, and the
28    President of the Senate and the Speaker of the House  certify
29    that the Senate and House are not in session, the Governor is
30    authorized  to  carry  out  those  decisions,  by  depositing
31    transfers  or loan proceeds into and making expenditures from
32    the Disaster Relief Fund, until such time as a quorum of  the
33    General  Assembly  can  convene in a regular or extraordinary
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 1    session.  The General Assembly shall, to  the  extent  moneys
 2    become  available,  restore  moneys  used  from other sources
 3    under this Section.
 4        (c)  Nothing contained in this Section shall be construed
 5    to limit the Governor's authority to  apply  for,  administer
 6    and  expend  grants,  gifts  or  payments  in aid of disaster
 7    mitigation, preparedness, response or recovery.
 8    (Source: P.A. 92-73, eff. 1-1-02.)

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