Full Text of SB2921 94th General Assembly
SB2921sam001 94TH GENERAL ASSEMBLY
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Sen. Mattie Hunter
Filed: 2/22/2006
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| AMENDMENT TO SENATE BILL 2921
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| AMENDMENT NO. ______. Amend Senate Bill 2921 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of Professional Regulation Law | 5 |
| of the
Civil Administrative Code of Illinois is amended by | 6 |
| changing Section 2105-400 as follows: | 7 |
| (20 ILCS 2105/2105-400)
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| Sec. 2105-400. Emergency Powers. | 9 |
| (a) Upon proclamation of a disaster by the Governor, as | 10 |
| provided for in the Illinois Emergency Management Agency Act, | 11 |
| the Director of Professional Regulation shall have the | 12 |
| following powers, which shall be exercised only in coordination | 13 |
| with the Illinois Emergency Management Agency and the | 14 |
| Department of Public Health:
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| (1) The power to suspend the requirements for permanent | 16 |
| or temporary licensure of persons who are licensed in | 17 |
| another state and are working under the direction of the | 18 |
| Illinois Emergency Management Agency and the Department of | 19 |
| Public Health pursuant to a declared disaster. | 20 |
| (2) The power to modify the scope of practice | 21 |
| restrictions under any licensing act administered by the | 22 |
| Department for any person working under the direction of | 23 |
| the Illinois Emergency Management Agency and the Illinois | 24 |
| Department of Public Health pursuant to the declared |
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| disaster. | 2 |
| (3) The power to expand the exemption in Section 4(a) | 3 |
| of the Pharmacy Practice Act of 1987 to those licensed | 4 |
| professionals whose scope of practice has been modified, | 5 |
| under paragraph (2) of subsection (a) of this Section, to | 6 |
| include any element of the practice of pharmacy as defined | 7 |
| in the Pharmacy Practice Act of 1987 for any person working | 8 |
| under the direction of the Illinois Emergency Management | 9 |
| Agency and the Illinois Department of Public Health | 10 |
| pursuant to the declared disaster. | 11 |
| (b) Persons exempt from licensure under paragraph (1) of | 12 |
| subsection (a) of this Section and persons operating under | 13 |
| modified scope of practice provisions under paragraph (2) of | 14 |
| subsection (a) of this Section shall be exempt from licensure | 15 |
| or be subject to modified scope of practice only until the | 16 |
| declared disaster has ended as provided by law. For purposes of | 17 |
| this Section, persons working under the direction of an | 18 |
| emergency services and disaster agency accredited by the | 19 |
| Illinois Emergency Management Agency and a local public health | 20 |
| department, pursuant to a declared disaster, shall be deemed to | 21 |
| be working under the direction of the Illinois Emergency | 22 |
| Management Agency and the Department of Public Health.
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| (c) The Director shall exercise these powers by way of | 24 |
| proclamation.
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| (Source: P.A. 93-829, eff. 7-28-04.) | 26 |
| Section 10. The Department of Public Health Powers and | 27 |
| Duties Law of the
Civil Administrative Code of Illinois is | 28 |
| amended by changing Section 2310-625 as follows: | 29 |
| (20 ILCS 2310/2310-625)
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| Sec. 2310-625. Emergency Powers. | 31 |
| (a) Upon proclamation of a disaster by the Governor, as | 32 |
| provided for in the Illinois Emergency Management Agency Act, |
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| the Director of Public Health shall have the following powers, | 2 |
| which shall be exercised only in coordination with the Illinois | 3 |
| Emergency Management Agency and the Department of Professional | 4 |
| Regulation: | 5 |
| (1) The power to suspend the requirements for temporary | 6 |
| or permanent licensure or certification of persons who are | 7 |
| licensed or certified in another state and are working | 8 |
| under the direction of the Illinois Emergency Management | 9 |
| Agency and the Illinois Department of Public Health | 10 |
| pursuant to the declared disaster. | 11 |
| (2) The power to modify the scope of practice | 12 |
| restrictions under the Emergency Medical Services (EMS) | 13 |
| Systems Act for any persons who are licensed under that Act | 14 |
| for any person working under the direction of the Illinois | 15 |
| Emergency Management Agency and the Illinois Department of | 16 |
| Public Health pursuant to the declared disaster. | 17 |
| (3) The power to modify the scope of practice | 18 |
| restrictions under the Nursing Home Care Act for Certified | 19 |
| Nursing Assistants for any person working under the | 20 |
| direction of the Illinois Emergency Management Agency and | 21 |
| the Illinois Department of Public Health pursuant to the | 22 |
| declared disaster. | 23 |
| (b) Persons exempt from licensure or certification under | 24 |
| paragraph (1) of subsection (a) and persons operating under | 25 |
| modified scope of practice provisions under paragraph (2) of | 26 |
| subsection (a) and paragraph (3) of subsection (a) shall be | 27 |
| exempt from licensure or certification or subject to modified | 28 |
| scope of practice only until the declared disaster has ended as | 29 |
| provided by law. For purposes of this Section, persons working | 30 |
| under the direction of an emergency services and disaster | 31 |
| agency accredited by the Illinois Emergency Management Agency | 32 |
| and a local public health department, pursuant to a declared | 33 |
| disaster, shall be deemed to be working under the direction of | 34 |
| the Illinois Emergency Management Agency and the Department of |
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| Public Health.
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| (c) The Director shall exercise these powers by way of | 3 |
| proclamation.
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| (Source: P.A. 93-829, eff. 7-28-04.) | 5 |
| Section 15. The Illinois Emergency Management Agency Act is | 6 |
| amended by changing Section 10 as follows:
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| (20 ILCS 3305/10) (from Ch. 127, par. 1060)
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| Sec. 10. Emergency Services and Disaster Agencies.
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| (a) Each political subdivision within this State shall be | 10 |
| within the
jurisdiction of and served by the Illinois Emergency | 11 |
| Management Agency and by
an emergency services and disaster | 12 |
| agency responsible for emergency management
programs. A | 13 |
| township, if the township is in a county having a population
of | 14 |
| more than 2,000,000, must have approval of the county | 15 |
| coordinator before
establishment of a township emergency | 16 |
| services and disaster agency.
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| (b) Unless multiple county emergency services and disaster | 18 |
| agency
consolidation is authorized by the Illinois Emergency | 19 |
| Management Agency
with the consent of the respective counties, | 20 |
| each county shall maintain
an emergency services and disaster | 21 |
| agency
that has jurisdiction over and serves the entire county, | 22 |
| except as
otherwise provided under this Act and except that in | 23 |
| any county with a
population of over 3,000,000 containing a | 24 |
| municipality with a population of
over 500,000 the jurisdiction | 25 |
| of the county agency shall not extend to
the municipality when | 26 |
| the municipality has
established its own agency.
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| (c) Each municipality with a population of over 500,000 | 28 |
| shall maintain
an emergency services and disaster agency which | 29 |
| has jurisdiction over and
serves the entire municipality. A | 30 |
| municipality with a population less than
500,000 may establish, | 31 |
| by ordinance, an agency or department responsible for
emergency | 32 |
| management within the municipality's corporate limits.
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| (d) The Governor shall determine which municipal | 2 |
| corporations, other
than those specified in paragraph (c) of | 3 |
| this Section, need
emergency services and disaster agencies of | 4 |
| their own and require that
they be established and maintained. | 5 |
| The Governor shall make
these determinations on
the basis of | 6 |
| the municipality's disaster vulnerability and capability of
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| response related to population size and concentration. The | 8 |
| emergency services
and disaster agency of a county or township, | 9 |
| shall not have a jurisdiction
within a political subdivision | 10 |
| having its own emergency services and disaster
agency, but | 11 |
| shall cooperate with the emergency services and disaster agency
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| of a city, village or incorporated town within their borders. | 13 |
| The
Illinois Emergency Management Agency shall publish and | 14 |
| furnish a current
list to the municipalities required to have | 15 |
| an emergency services and
disaster agency under this | 16 |
| subsection.
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| (e) Each municipality that is not required to and does not | 18 |
| have an
emergency services and disaster agency shall have a | 19 |
| liaison officer
designated to facilitate the cooperation and | 20 |
| protection of that municipal
corporation with the county | 21 |
| emergency services and disaster agency in which
it is located | 22 |
| in the work of disaster mitigation, preparedness, response,
and | 23 |
| recovery.
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| (f) The principal executive officer or his or her designee | 25 |
| of each
political subdivision in the State shall annually | 26 |
| notify the Illinois
Emergency Management Agency of the manner | 27 |
| in which the political
subdivision is providing or securing | 28 |
| emergency management, identify the
executive head of the agency | 29 |
| or the department from which the service is
obtained, or the | 30 |
| liaison officer in accordance with paragraph (d) of this
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| Section and furnish additional information relating thereto as | 32 |
| the
Illinois Emergency Management Agency requires.
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| (g) Each emergency services and disaster agency shall | 34 |
| prepare an emergency
operations plan for its geographic |
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| boundaries that complies with planning,
review, and approval | 2 |
| standards promulgated by the Illinois Emergency
Management | 3 |
| Agency. The Illinois Emergency Management Agency shall | 4 |
| determine
which jurisdictions will be required to include | 5 |
| earthquake preparedness in
their local emergency operations | 6 |
| plans.
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| (h) The emergency services and disaster agency shall | 8 |
| prepare and
distribute to all appropriate officials in written | 9 |
| form a clear and
complete statement of the emergency | 10 |
| responsibilities of all local
departments and officials and of | 11 |
| the disaster chain of command.
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| (i) Each emergency services and disaster agency shall have | 13 |
| a Coordinator
who shall be appointed by the principal executive | 14 |
| officer of the political
subdivision in the same manner as are | 15 |
| the heads of regular governmental
departments. If the political | 16 |
| subdivision is a county and the principal
executive officer | 17 |
| appoints the sheriff as the Coordinator, the sheriff may,
in | 18 |
| addition to his or her regular compensation, receive | 19 |
| compensation at the
same level as provided in Section 3 of "An | 20 |
| Act in relation to the regulation
of motor vehicle traffic and | 21 |
| the promotion of safety on public highways in
counties", | 22 |
| approved August 9, 1951, as amended. The Coordinator shall have
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| direct responsibility for the organization, administration, | 24 |
| training, and
operation of the emergency services and disaster | 25 |
| agency, subject to the
direction and control of that principal | 26 |
| executive officer. Each emergency
services and disaster agency | 27 |
| shall coordinate and may perform emergency
management | 28 |
| functions within the territorial limits of the political
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| subdivision within which it is organized as are prescribed in | 30 |
| and by
the State Emergency Operations Plan, and programs, | 31 |
| orders, rules and
regulations as may be promulgated by the | 32 |
| Illinois Emergency Management
Agency and by local ordinance | 33 |
| and, in addition, shall conduct such
functions outside of those | 34 |
| territorial limits as may be required under
mutual aid |
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| agreements and compacts as are entered into under subparagraph
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| (5) of paragraph (c) of Section 6.
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| (j) In carrying out the provisions of this Act, each | 4 |
| political
subdivision may enter into contracts and incur | 5 |
| obligations necessary to
place it in a position effectively to | 6 |
| combat the disasters as are
described in Section 4, to protect | 7 |
| the health and safety of persons,
to protect property, and to | 8 |
| provide emergency assistance to victims of
those disasters. If | 9 |
| a disaster occurs, each political subdivision
may exercise the | 10 |
| powers vested under this Section in the light of the
exigencies | 11 |
| of the disaster and, excepting mandatory constitutional
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| requirements, without regard to the procedures and formalities | 13 |
| normally
prescribed by law pertaining to the performance of | 14 |
| public work, entering
into contracts, the incurring of | 15 |
| obligations, the employment of
temporary workers, the rental of | 16 |
| equipment, the purchase of supplies and
materials, and the | 17 |
| appropriation, expenditure, and disposition of public
funds | 18 |
| and property.
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| (k) Volunteers who, while engaged in a disaster, an | 20 |
| exercise, training
related to the emergency operations plan of | 21 |
| the political subdivision, or
a search-and-rescue team | 22 |
| response to an occurrence or threat of injury or
loss of life | 23 |
| that is beyond local response capabilities, suffer disease,
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| injury or death, shall, for the purposes of benefits under the | 25 |
| Workers'
Compensation Act or Workers' Occupational Diseases | 26 |
| Act only, be deemed
to be employees of the State, if: (1) the | 27 |
| claimant is a duly qualified
and enrolled (sworn in) as a | 28 |
| volunteer of the Illinois Emergency Management
Agency or an | 29 |
| emergency services and disaster agency accredited by the | 30 |
| Illinois
Emergency Management Agency, and (2) if: (i) the | 31 |
| claimant was participating
in a disaster as defined in Section | 32 |
| 4 of this Act, (ii) the exercise or
training participated in | 33 |
| was specifically and expressly approved by the
Illinois | 34 |
| Emergency Management Agency prior to the exercise or training, |
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| or
(iii) the search-and-rescue team response was to an | 2 |
| occurrence or threat of
injury or loss of life that was beyond | 3 |
| local response capabilities and was
specifically and expressly | 4 |
| approved by the Illinois Emergency Management
Agency prior to | 5 |
| the search-and-rescue team response. The computation of
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| benefits payable under either of those Acts shall be based on | 7 |
| the income
commensurate with comparable State employees doing | 8 |
| the same type work or
income from the person's regular | 9 |
| employment, whichever is greater. | 10 |
| Volunteers who are working under the direction of an | 11 |
| emergency services and disaster agency accredited by the | 12 |
| Illinois Emergency Management Agency, pursuant to a plan | 13 |
| approved by the Illinois Emergency Management Agency (i) during | 14 |
| a disaster declared by the Governor under Section 7 of this | 15 |
| Act, or (ii) in circumstances otherwise expressly approved by | 16 |
| the Illinois Emergency Management Agency, shall be deemed | 17 |
| exclusively employees of the State for purposes of Section 8(d) | 18 |
| of the Court of Claims Act, provided that the Illinois | 19 |
| Emergency Management Agency may, in coordination with the | 20 |
| emergency services and disaster agency, audit implementation | 21 |
| for compliance with the plan.
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| (l) If any person who is entitled to receive benefits | 23 |
| through the
application of this Section receives, in connection | 24 |
| with the disease,
injury or death giving rise to such | 25 |
| entitlement, benefits under an Act
of Congress or federal | 26 |
| program, benefits payable under this
Section shall be reduced | 27 |
| to the extent of the benefits received under
that other Act or | 28 |
| program.
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| (m) (1) Prior to conducting an exercise, the principal | 30 |
| executive officer of
a political subdivision or his or her | 31 |
| designee shall provide area media with
written | 32 |
| notification of the exercise. The notification shall | 33 |
| indicate that
information relating to the exercise shall | 34 |
| not be released to the public until
the commencement of the |
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| exercise. The notification shall also contain a request
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| that the notice be so posted to ensure that all relevant | 3 |
| media personnel
are advised of the exercise before it | 4 |
| begins.
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| (2) During the conduct of an exercise, all messages,
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| two-way radio communications, briefings, status reports, | 7 |
| news releases, and
other oral or written communications | 8 |
| shall begin and end with the following
statement: "This is | 9 |
| an exercise message".
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| (Source: P.A. 92-16, eff. 6-28-01; 92-73, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
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