Full Text of SB2232 100th General Assembly
SB2232 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2232 Introduced 10/18/2017, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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20 ILCS 3305/2 | from Ch. 127, par. 1052 |
20 ILCS 3305/4 | from Ch. 127, par. 1054 |
20 ILCS 3305/5 | from Ch. 127, par. 1055 |
20 ILCS 3305/6 | from Ch. 127, par. 1056 |
20 ILCS 3305/7 | from Ch. 127, par. 1057 |
20 ILCS 3305/8 | from Ch. 127, par. 1058 |
20 ILCS 3305/10 | from Ch. 127, par. 1060 |
20 ILCS 3305/18 | from Ch. 127, par. 1068 |
20 ILCS 3305/21 | from Ch. 127, par. 1071 |
220 ILCS 5/2-202.5 new | |
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Amends the Illinois Emergency Management Agency Act. Provides that harm or potential harm to the residents of a long term care facility constitutes a disaster under the Act. Provides that the Governor's comprehensive plan and program for emergency management of the State and emergency operations plans shall include provisions concerning identifying necessary resources to allow a resident of a long term care facility to remain in his or her long term care facility, prioritizing restoration of power or securing alternative power sources, and identifying alternative facilities and emergency transportation for the evacuation of a long term care facility. Provides that the Illinois Emergency Management Agency shall establish a protocol for canvassing long term care facilities in a disaster area to determine what resources are needed to permit the residents to remain in place, the need for evacuation assistance, or the status of power at long term care facilities. Makes additional changes to provisions concerning the Illinois Emergency Management Agency, emergency powers of the Governor, mobile support teams, and private liability. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission, in collaboration with the Illinois Emergency Management Agency, shall establish by rule a priority order for the restoration of power or securing alternative power sources and shall place long term care facilities licensed under the Nursing Home Care Act in the top tier of priority with other residential health care facilities. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Emergency Management Agency Act is | 5 | | amended by changing Sections 2, 4, 5, 6, 7, 8, 10, 18, and 21 as | 6 | | follows:
| 7 | | (20 ILCS 3305/2) (from Ch. 127, par. 1052)
| 8 | | Sec. 2. Policy and Purposes.
| 9 | | (a) Because of the possibility
of the occurrence of | 10 | | disasters of unprecedented size and destructiveness
resulting | 11 | | from the explosion in this or in neighboring states of atomic | 12 | | or
other means from without or by means of sabotage or other | 13 | | disloyal actions
within, or from fire, flood, earthquake, | 14 | | telecommunications failure, or
other natural or technological | 15 | | causes,
and in order to insure that this State will be prepared | 16 | | to and will adequately
deal with any disasters, preserve the | 17 | | lives and property of the people
of this State and protect the | 18 | | public peace, health, and safety in the event
of a disaster, it | 19 | | is found and declared to be necessary:
| 20 | | (1) To create
an Illinois Emergency Management Agency | 21 | | and
to authorize emergency management programs within the | 22 | | political subdivisions of the State.
| 23 | | (2) To confer upon
the Governor and upon the principal |
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| 1 | | executive officer of the
political subdivisions of the | 2 | | State the powers provided herein.
| 3 | | (3) To
provide for the rendering of mutual aid among | 4 | | the political subdivisions and
taxing districts of the | 5 | | State and with other states and with respect to the
| 6 | | carrying out of an emergency
management program.
| 7 | | (b) It is further declared to be the purpose of this Act | 8 | | and
the policy of the State that all emergency management | 9 | | programs of this State be
coordinated to the maximum extent | 10 | | with the comparable programs of the
federal government, | 11 | | including its various departments and agencies, of other
states | 12 | | and localities and private agencies of every type, to the end | 13 | | that
the most effective preparation and use may be made of the | 14 | | nation's
resources and facilities for dealing with any disaster | 15 | | that may occur. | 16 | | (c) It is further declared to be the purpose of this Act | 17 | | and the policy of the State that all power outages in long term | 18 | | care facilities whether the result of electrical or gas failure | 19 | | and regardless of the reason for the failure shall constitute a | 20 | | disaster under this Act.
| 21 | | (Source: P.A. 87-168; 88-606, eff. 1-1-95.)
| 22 | | (20 ILCS 3305/4) (from Ch. 127, par. 1054)
| 23 | | Sec. 4. Definitions. As used in this Act, unless the | 24 | | context
clearly indicates otherwise, the following words and | 25 | | terms have the
meanings ascribed to them in this Section:
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| 1 | | "Coordinator" means the staff assistant to the principal
| 2 | | executive officer of a political subdivision with the duty of | 3 | | coordinating
the emergency management programs of that | 4 | | political subdivision.
| 5 | | "Disaster" means an occurrence or threat of widespread or | 6 | | severe
damage, injury or loss of life or property resulting | 7 | | from any natural or
technological cause, including but not | 8 | | limited to fire, flood, earthquake,
wind, storm, hazardous | 9 | | materials spill or other water contamination requiring
| 10 | | emergency
action to avert danger or damage, epidemic, air | 11 | | contamination, blight,
extended periods of severe and | 12 | | inclement weather,
drought, infestation, critical shortages of | 13 | | essential fuels and energy,
explosion, riot, hostile military | 14 | | or
paramilitary action, harm or potential harm to the residents | 15 | | of a long term care facility, public health emergencies, or | 16 | | acts of domestic
terrorism. "Disaster" includes, but is not | 17 | | limited to, a power outage in a long term care facility, | 18 | | regardless of the reason for the power outage.
| 19 | | "Emergency Management" means the efforts of the State and | 20 | | the
political subdivisions to develop, plan, analyze, conduct, | 21 | | provide,
implement and
maintain programs for disaster | 22 | | mitigation, preparedness, response and recovery.
| 23 | | "Emergency Services and Disaster Agency" means the
agency | 24 | | by this name, by the name Emergency Management Agency, or by | 25 | | any other
name that is established
by ordinance within a | 26 | | political subdivision to coordinate the emergency
management |
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| 1 | | program within that political subdivision and with private
| 2 | | organizations, other political subdivisions, the State and | 3 | | federal governments.
| 4 | | "Emergency Operations Plan" means the written plan of the | 5 | | State and
political subdivisions describing the organization, | 6 | | mission, and functions
of the government and supporting | 7 | | services for responding to and recovering
from disasters and | 8 | | shall include plans that take into account the needs of those | 9 | | individuals with household pets and service animals following a | 10 | | major disaster or emergency and the unique needs of residents | 11 | | of long term care facilities .
| 12 | | "Emergency Services" means the coordination of functions | 13 | | by the
State and its political subdivision, other than | 14 | | functions for which military
forces
are primarily responsible, | 15 | | as may be necessary or proper to prevent,
minimize, repair, and | 16 | | alleviate injury and damage resulting from
any natural or | 17 | | technological causes. These functions include, without
| 18 | | limitation, fire fighting
services, police services, emergency | 19 | | aviation services, medical and
health services, HazMat and | 20 | | technical rescue teams, rescue,
engineering, warning services, | 21 | | communications, radiological,
chemical and other special | 22 | | weapons defense, evacuation of persons from
stricken or | 23 | | threatened areas, additional long term care resources, | 24 | | evacuation of residents of long term care facilities, emergency | 25 | | transportation, restoration of power to long term care | 26 | | facilities on a priority basis or securing alternative power |
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| 1 | | sources, emergency assigned functions of plant protection,
| 2 | | temporary restoration of public utility services and other | 3 | | functions
related to civilian protection, together with all | 4 | | other activities
necessary or incidental to protecting life or | 5 | | property.
| 6 | | "Exercise" means a planned event realistically simulating | 7 | | a disaster,
conducted for the purpose of
evaluating the | 8 | | political subdivision's coordinated emergency management
| 9 | | capabilities, including,
but not limited to, testing the | 10 | | emergency operations plan.
| 11 | | "HazMat team" means a career or volunteer mobile support | 12 | | team that has been authorized by a unit of local government to | 13 | | respond to hazardous materials emergencies and that is | 14 | | primarily designed for emergency response to chemical or | 15 | | biological terrorism, radiological emergencies, hazardous | 16 | | material spills, releases, or fires, or other contamination | 17 | | events.
| 18 | | "Illinois Emergency Management Agency"
means the agency
| 19 | | established by this Act within the executive branch of State | 20 | | Government
responsible for coordination of the overall | 21 | | emergency management program of
the State and with private | 22 | | organizations, political subdivisions, and the
federal | 23 | | government.
Illinois Emergency Management Agency also means | 24 | | the State
Emergency Response Commission responsible for the | 25 | | implementation of Title
III of the Superfund Amendments and | 26 | | Reauthorization Act of 1986.
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| 1 | | "Long term care facility" means a facility licensed under | 2 | | the Nursing Home Care Act. | 3 | | "Mobile Support Team" means
a group of individuals | 4 | | designated as a team by the Governor or Director to
train prior | 5 | | to and to be
dispatched, if the Governor or the Director so | 6 | | determines, to aid and reinforce
the State and political
| 7 | | subdivision emergency management efforts in response to a | 8 | | disaster.
| 9 | | "Municipality" means any city, village, and incorporated | 10 | | town.
| 11 | | "Political Subdivision" means any county, city, village, | 12 | | or
incorporated town or township if the township is in a county | 13 | | having a
population of more than 2,000,000.
| 14 | | "Principal Executive Officer" means chair
of the county | 15 | | board, supervisor of a township if the township
is in a county | 16 | | having a population of more than 2,000,000, mayor
of a city or | 17 | | incorporated town,
president of a village,
or in their absence | 18 | | or disability, the interim successor as
established under | 19 | | Section 7 of the Emergency Interim
Executive Succession Act.
| 20 | | "Public health emergency" means an occurrence or imminent | 21 | | threat of an
illness or health condition that:
| 22 | | (a) is believed to be caused by any of the following:
| 23 | | (i) bioterrorism;
| 24 | | (ii) the appearance of a novel or previously | 25 | | controlled or eradicated
infectious agent or
| 26 | | biological toxin;
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| 1 | | (iii) a natural disaster;
| 2 | | (iv) a chemical attack or accidental release; or
| 3 | | (v) a nuclear attack or accident; and
| 4 | | (b) poses a high probability of any of the following | 5 | | harms:
| 6 | | (i) a large number of deaths in the affected | 7 | | population;
| 8 | | (ii) a large number of serious or long-term | 9 | | disabilities in the affected
population; or
| 10 | | (iii) widespread exposure to an infectious or | 11 | | toxic agent that poses a
significant risk of | 12 | | substantial future harm to a large number of people in | 13 | | the
affected population.
| 14 | | "Technical rescue team" means a career or volunteer mobile | 15 | | support team that has been authorized by a unit of local | 16 | | government to respond to building collapse, high angle rescue, | 17 | | and other specialized rescue emergencies and that is primarily | 18 | | designated for emergency response to technical rescue events.
| 19 | | (Source: P.A. 93-249, eff. 7-22-03; 94-334, eff. 1-1-06; | 20 | | 94-1081, eff. 6-1-07 .)
| 21 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| 22 | | Sec. 5. Illinois Emergency Management Agency.
| 23 | | (a) There is created within the executive branch of the | 24 | | State Government an
Illinois Emergency Management Agency and a | 25 | | Director of the Illinois Emergency
Management Agency, herein |
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| 1 | | called the "Director" who shall be the head thereof.
The | 2 | | Director shall be appointed by the Governor, with the advice | 3 | | and consent of
the Senate, and shall serve for a term of 2 | 4 | | years beginning on the third Monday
in January of the | 5 | | odd-numbered year, and until a successor is appointed and
has | 6 | | qualified; except that the term of the first Director appointed | 7 | | under this
Act shall expire on the third Monday in January, | 8 | | 1989. The Director shall not
hold any other remunerative public | 9 | | office. The Director shall receive an annual
salary as set by | 10 | | the
Compensation Review Board.
| 11 | | (b) The Illinois Emergency Management Agency shall obtain, | 12 | | under the
provisions of the Personnel Code, technical, | 13 | | clerical, stenographic and other
administrative personnel, and | 14 | | may make expenditures within the appropriation
therefor as may | 15 | | be necessary to carry out the purpose of this Act. The agency
| 16 | | created by this Act is intended to be a successor to the agency | 17 | | created under
the Illinois Emergency Services and Disaster | 18 | | Agency Act of 1975 and the
personnel, equipment, records, and | 19 | | appropriations of that agency are
transferred to the successor | 20 | | agency as of the effective date of this Act.
| 21 | | (c) The Director, subject to the direction and control of | 22 | | the Governor,
shall be the executive head of the Illinois | 23 | | Emergency Management Agency and
the State Emergency Response | 24 | | Commission and shall be responsible under the
direction of the | 25 | | Governor, for carrying out the program for emergency
management | 26 | | of this State. The Director shall also maintain liaison
and |
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| 1 | | cooperate with
the emergency management organizations of this | 2 | | State and other states and of
the federal government.
| 3 | | (d) The Illinois Emergency Management Agency shall take an | 4 | | integral part in
the development and revision of political | 5 | | subdivision emergency operations
plans prepared under | 6 | | paragraph (f) of Section 10. To this end it shall employ
or | 7 | | otherwise secure the services of professional and technical | 8 | | personnel
capable of providing expert assistance to the | 9 | | emergency services and disaster
agencies. These personnel | 10 | | shall consult with emergency services and disaster
agencies on | 11 | | a regular basis and shall make field examinations of the areas,
| 12 | | circumstances, and conditions that particular political | 13 | | subdivision emergency
operations plans are intended to apply.
| 14 | | (e) The Illinois Emergency Management Agency and political | 15 | | subdivisions
shall be encouraged to form an emergency | 16 | | management advisory committee composed
of private and public | 17 | | personnel representing the emergency management phases of
| 18 | | mitigation, preparedness, response, and recovery.
The Local | 19 | | Emergency Planning Committee, as created under the Illinois
| 20 | | Emergency
Planning and Community Right to Know Act, shall serve | 21 | | as
an advisory
committee to the emergency services and disaster | 22 | | agency or agencies serving
within the boundaries
of that Local | 23 | | Emergency Planning Committee planning district for:
| 24 | | (1) the development of emergency operations plan | 25 | | provisions for hazardous
chemical
emergencies; and
| 26 | | (2) the assessment of emergency response capabilities |
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| 1 | | related to hazardous
chemical
emergencies.
| 2 | | (f) The Illinois Emergency Management Agency shall:
| 3 | | (1) Coordinate the overall emergency management | 4 | | program of the State.
| 5 | | (2) Cooperate with local governments, the federal | 6 | | government and any
public or private agency or entity in | 7 | | achieving any purpose of this Act and
in implementing | 8 | | emergency management programs for mitigation, | 9 | | preparedness,
response, and recovery.
| 10 | | (2.5) Develop a comprehensive emergency preparedness | 11 | | and response plan for any nuclear
accident in accordance | 12 | | with Section 65 of the Department of Nuclear Safety
Law of | 13 | | 2004 (20 ILCS 3310) and in development of the
Illinois
| 14 | | Nuclear Safety Preparedness program in accordance with | 15 | | Section 8 of the
Illinois Nuclear Safety Preparedness Act.
| 16 | | (2.6) Coordinate with the Department of Public Health
| 17 | | with respect to planning for and responding to public | 18 | | health emergencies and disasters impacting long term care | 19 | | facilities .
| 20 | | (3) Prepare, for issuance by the Governor, executive | 21 | | orders,
proclamations, and regulations as necessary or | 22 | | appropriate in coping with
disasters.
| 23 | | (4) Promulgate rules and requirements for political | 24 | | subdivision
emergency operations plans that are not | 25 | | inconsistent with and are at least
as stringent as | 26 | | applicable federal laws and regulations.
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| 1 | | (5) Review and approve, in accordance with Illinois | 2 | | Emergency Management
Agency rules, emergency operations
| 3 | | plans for those political subdivisions required to have an | 4 | | emergency services
and disaster agency pursuant to this | 5 | | Act.
| 6 | | (5.5) Promulgate rules and requirements for the | 7 | | political subdivision
emergency management
exercises, | 8 | | including, but not limited to, exercises of the emergency | 9 | | operations
plans.
| 10 | | (5.10) Review, evaluate, and approve, in accordance | 11 | | with Illinois
Emergency
Management
Agency rules, political | 12 | | subdivision emergency management exercises for those
| 13 | | political subdivisions
required to have an emergency | 14 | | services and disaster agency pursuant to this
Act.
| 15 | | (6) Determine requirements of the State and its | 16 | | political
subdivisions
for food, clothing, shelter, | 17 | | medical care, medication, alternative power sources, | 18 | | emergency transportation, alternative long term care | 19 | | facility placements, and other necessities in event of a | 20 | | disaster.
| 21 | | (7) Establish a register of persons with types of | 22 | | emergency
management
training and skills in mitigation, | 23 | | preparedness, response, and recovery.
| 24 | | (8) Establish a register of government and private | 25 | | response
resources
available for use in a disaster.
| 26 | | (9) Expand the Earthquake Awareness Program and its |
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| 1 | | efforts to
distribute earthquake preparedness materials to | 2 | | schools, political
subdivisions, community groups, civic | 3 | | organizations, and the media.
Emphasis will be placed on | 4 | | those areas of the State most at risk from an
earthquake. | 5 | | Maintain the list of all school districts, hospitals, long | 6 | | term care facilities,
airports, power plants, including | 7 | | nuclear power plants, lakes, dams,
emergency response | 8 | | facilities of all types, and all other major public or
| 9 | | private structures which are at the greatest risk of damage | 10 | | from
earthquakes under circumstances where the damage | 11 | | would cause subsequent
harm to the surrounding communities | 12 | | and residents.
| 13 | | (10) Disseminate all information, completely and | 14 | | without
delay, on water
levels for rivers and streams and | 15 | | any other data pertaining to potential
flooding supplied by | 16 | | the Division of Water Resources within the Department of
| 17 | | Natural Resources to all political subdivisions to the | 18 | | maximum extent possible.
| 19 | | (11) Develop agreements, if feasible, with medical | 20 | | supply and
equipment
firms to
supply resources as are | 21 | | necessary to respond to an earthquake or any other
disaster | 22 | | as defined in this Act. These resources will be made | 23 | | available
upon notifying the vendor of the disaster. | 24 | | Payment for the resources will
be in accordance with | 25 | | Section 7 of this Act. The Illinois Department of
Public | 26 | | Health shall determine which resources will be required and |
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| 1 | | requested.
| 2 | | (11.5) In coordination with the Department of State | 3 | | Police, develop and
implement a community outreach program | 4 | | to promote awareness among the State's
parents and children | 5 | | of child abduction prevention and response.
| 6 | | (12) Out of funds appropriated for these purposes, | 7 | | award capital and
non-capital grants to Illinois | 8 | | hospitals , long term care facilities, or health care | 9 | | facilities located
outside of a city with a population in | 10 | | excess of 1,000,000 to be used for
purposes that include, | 11 | | but are not limited to, preparing to respond to mass
| 12 | | casualties and disasters, maintaining and improving | 13 | | patient safety and
quality of care, and protecting the | 14 | | confidentiality of patient information.
No single grant | 15 | | for a capital expenditure shall exceed $300,000.
No single | 16 | | grant for a non-capital expenditure shall exceed $100,000.
| 17 | | In awarding such grants, preference shall be given to | 18 | | hospitals and long term care facilities that serve
a | 19 | | significant number of Medicaid recipients, but do not | 20 | | qualify for
disproportionate share hospital adjustment | 21 | | payments under the Illinois Public
Aid Code. To receive | 22 | | such a grant, a hospital or health care facility must
| 23 | | provide funding of at least 50% of the cost of the project | 24 | | for which the grant
is being requested.
In awarding such | 25 | | grants the Illinois Emergency Management Agency shall | 26 | | consider
the recommendations of the Illinois Hospital |
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| 1 | | Association and organizations whose members consist of | 2 | | long term care facilities .
| 3 | | (12.5) Establish a protocol for canvassing long term | 4 | | care facilities in a disaster area to determine what | 5 | | resources are needed to permit the residents to remain in | 6 | | place, the need for evacuation assistance, or the status of | 7 | | power at long term care facilities. | 8 | | (13) Do all other things necessary, incidental or | 9 | | appropriate
for the implementation of this Act.
| 10 | | (g) The Illinois Emergency Management Agency is authorized | 11 | | to make grants to various higher education institutions, public | 12 | | K-12 school districts, area vocational centers as designated by | 13 | | the State Board of Education, inter-district special education | 14 | | cooperatives, regional safe schools, and nonpublic K-12 | 15 | | schools for safety and security improvements. For the purpose | 16 | | of this subsection (g), "higher education institution" means a | 17 | | public university, a public community college, or an | 18 | | independent, not-for-profit or for-profit higher education | 19 | | institution located in this State. Grants made under this | 20 | | subsection (g) shall be paid out of moneys appropriated for | 21 | | that purpose from the Build Illinois Bond Fund. The Illinois | 22 | | Emergency Management Agency shall adopt rules to implement this | 23 | | subsection (g). These rules may specify: (i) the manner of | 24 | | applying for grants; (ii) project eligibility requirements; | 25 | | (iii) restrictions on the use of grant moneys; (iv) the manner | 26 | | in which the various higher education institutions must account |
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| 1 | | for the use of grant moneys; and (v) any other provision that | 2 | | the Illinois Emergency Management Agency determines to be | 3 | | necessary or useful for the administration of this subsection | 4 | | (g). | 5 | | (h) Except as provided in Section 17.5 of this Act, any | 6 | | moneys received by the Agency from donations or sponsorships | 7 | | shall be deposited in the Emergency Planning and Training Fund | 8 | | and used by the Agency, subject to appropriation, to effectuate | 9 | | planning and training activities. | 10 | | (Source: P.A. 98-465, eff. 8-16-13; 98-664, eff. 6-23-14.)
| 11 | | (20 ILCS 3305/6) (from Ch. 127, par. 1056)
| 12 | | Sec. 6. Emergency Management Powers of the Governor.
| 13 | | (a) The
Governor shall have general direction and control | 14 | | of the
Illinois Emergency Management Agency and shall
be | 15 | | responsible for
the carrying out of the provisions of this Act.
| 16 | | (b) In performing duties under this Act, the Governor is
| 17 | | authorized to cooperate with the federal government and with | 18 | | other states in
all matters pertaining to emergency management.
| 19 | | (c) In performing duties under this Act, the Governor is
| 20 | | further authorized:
| 21 | | (1) To make, amend, and rescind all lawful necessary | 22 | | orders,
rules, and regulations to carry out the provisions | 23 | | of this Act within the
limits of the authority
conferred | 24 | | upon the Governor.
| 25 | | (2) To cause to be prepared a comprehensive plan and |
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| 1 | | program
for the emergency management
of this State, which | 2 | | plan and program
shall be integrated into and coordinated | 3 | | with emergency management plans and programs
of the federal | 4 | | government and of other states whenever possible
and which | 5 | | plan and program may include:
| 6 | | a. Mitigation of injury and damage
caused by | 7 | | disaster.
| 8 | | b. Prompt and effective response to disaster.
| 9 | | c. Emergency relief.
| 10 | | d. Identification of areas particularly vulnerable | 11 | | to
disasters.
| 12 | | e. Recommendations for zoning, building, and other | 13 | | land-use
controls, safety measures for securing | 14 | | permanent
structures and other mitigation
measures | 15 | | designed to eliminate or reduce disasters or
their | 16 | | impact.
| 17 | | f. Assistance to political subdivisions in | 18 | | designing
emergency operations plans.
| 19 | | g. Authorization and procedures for the erection | 20 | | or other
construction of temporary works designed to
| 21 | | mitigate danger, damage or loss from flood,
or other | 22 | | disaster.
| 23 | | h. Preparation and distribution to the appropriate | 24 | | State and
political subdivision officials of a State | 25 | | catalog of federal, State,
and private assistance | 26 | | programs.
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| 1 | | i. Organization of State personnel and chains of | 2 | | command.
| 3 | | j. Coordination of federal, State, and political | 4 | | subdivision emergency management
activities.
| 5 | | k. Other necessary matters.
| 6 | | The plan and program prepared under this paragraph | 7 | | shall include procedures for identifying and securing all | 8 | | necessary resources to allow a resident of a long term care | 9 | | facility to remain in his or her long term care facility, | 10 | | prioritizing restoration of power or securing alternative | 11 | | power sources, and identifying alternative facilities and | 12 | | emergency transportation for when an evacuation of a long | 13 | | term care facility is the best solution.
| 14 | | (3) In accordance with the plan and program for the | 15 | | emergency
management
of this State, and out of funds | 16 | | appropriated for these purposes,
to procure and | 17 | | preposition supplies, medicines, materials
and equipment, | 18 | | to institute training programs and public
information | 19 | | programs, and to take all other preparatory steps
including | 20 | | the partial or full mobilization of emergency services
and | 21 | | disaster agencies in advance of actual disaster to
insure | 22 | | the furnishing of adequately trained and equipped forces
| 23 | | for disaster response and recovery.
| 24 | | (4) Out of funds appropriated for these purposes, to | 25 | | make studies
and surveys of the industries, resources, and | 26 | | facilities
in this State as may be necessary to ascertain |
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| 1 | | the capabilities
of the State for emergency management | 2 | | phases of mitigation, preparedness,
response, and recovery | 3 | | and to plan for the most efficient
emergency use thereof.
| 4 | | (5) On behalf of this State, to negotiate for and | 5 | | submit to
the General Assembly for its approval or | 6 | | rejection reciprocal
mutual aid agreements or compacts | 7 | | with other states,
either on a statewide or political | 8 | | subdivision basis. The agreements or
compacts, shall be | 9 | | limited to the furnishing or exchange of food,
clothing, | 10 | | medical or other supplies, engineering and police
| 11 | | services; emergency housing and feeding; National and
| 12 | | State Guards while under the control of the State; health,
| 13 | | medical, and related services; fire fighting, rescue, | 14 | | transportation,
communication, and construction services | 15 | | and
equipment, provided,
however, that if the General | 16 | | Assembly be not in session and
the Governor has not | 17 | | proclaimed the existence of a
disaster under this Section, | 18 | | then the agreements or compacts
shall instead be submitted | 19 | | to an Interim Committee on Emergency
Management composed of | 20 | | 5 Senators appointed
by the President of the Senate and of | 21 | | 5 Representatives
appointed by the Speaker of the House, | 22 | | during
the month of June of each odd-numbered year to serve | 23 | | for a
2 year term, beginning July 1 of that year, and until | 24 | | their
successors are appointed and qualified, or until | 25 | | termination
of their legislative service, whichever first | 26 | | occurs. Vacancies
shall be filled by appointment for the |
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| 1 | | unexpired term in the
same manner as original appointments. | 2 | | All appointments
shall be made in writing and filed with | 3 | | the Secretary of State as a
public record. The Committee | 4 | | shall have the power
to approve or reject any agreements or | 5 | | compacts for and
on behalf of the General Assembly; and, | 6 | | provided further,
that an affirmative vote of 2/3 of the | 7 | | members of
the Committee shall be necessary for the | 8 | | approval of any agreement or compact.
| 9 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 10 | | (20 ILCS 3305/7) (from Ch. 127, par. 1057)
| 11 | | Sec. 7. Emergency Powers of the Governor.
| 12 | | (a) In the event
of a disaster, as defined in Section 4, | 13 | | the Governor may, by proclamation
declare that a disaster | 14 | | exists. Upon such proclamation,
the Governor shall have and may | 15 | | exercise for a period not to exceed 30
days the following | 16 | | emergency powers; provided, however, that the lapse of
the | 17 | | emergency powers shall not, as regards any act or acts | 18 | | occurring or
committed within the 30 days period, deprive any | 19 | | person, firm, corporation,
political subdivision, or body | 20 | | politic of any right or rights
to compensation or reimbursement | 21 | | which he, she, it, or they may have under the
provisions of | 22 | | this Act:
| 23 | | (1) To suspend the provisions of any regulatory statute | 24 | | prescribing
procedures for conduct of State business, or | 25 | | the orders, rules and regulations
of any State agency and |
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| 1 | | managed care contracts , if strict compliance with the | 2 | | provisions of any statute,
order, rule, contract, or | 3 | | regulation would in any way prevent, hinder or delay | 4 | | necessary
action, including emergency purchases, by the | 5 | | Illinois Emergency Management
Agency, in coping with the | 6 | | disaster.
| 7 | | (2) To utilize all available resources of the State | 8 | | government as
reasonably necessary to cope with the | 9 | | disaster and of each political
subdivision of the State.
| 10 | | (3) To transfer the direction, personnel or functions | 11 | | of State
departments and agencies or units thereof for the | 12 | | purpose of performing or
facilitating disaster response | 13 | | and recovery programs including the identification of | 14 | | available beds in long term care facilities outside the | 15 | | disaster that are able to meet the care needs of each | 16 | | evacuated resident .
| 17 | | (4) On behalf of this State to take possession of, and | 18 | | to acquire
full title or a lesser specified interest in, | 19 | | any personal property as may be
necessary to accomplish the | 20 | | objectives set forth in Section 2 of this Act,
including: | 21 | | airplanes, automobiles, trucks, trailers, buses, and other | 22 | | vehicles;
coal, oils, gasoline, and other fuels and means | 23 | | of propulsion; explosives,
materials, equipment, and | 24 | | supplies; animals and livestock; feed and seed; food and | 25 | | provisions
for humans and animals; clothing and bedding; | 26 | | and
medicines and medical and surgical
supplies; and to |
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| 1 | | take possession of and for a limited period occupy and use | 2 | | any
real estate necessary to accomplish those objectives; | 3 | | but only upon the
undertaking by the State to pay just | 4 | | compensation therefor as in this Act
provided, and then | 5 | | only under the following provisions:
| 6 | | a. The Governor, or the person or persons as the | 7 | | Governor may
authorize so to do, may forthwith take | 8 | | possession of
property for and on behalf of the State; | 9 | | provided, however,
that the Governor or persons shall | 10 | | simultaneously with
the taking, deliver to the owner or | 11 | | his or her agent, if the identity
of the owner or | 12 | | agency is known or readily ascertainable, a signed
| 13 | | statement in writing, that shall include the name
and | 14 | | address of the owner, the date and place of the taking,
| 15 | | description of the property sufficient to identify it, | 16 | | a
statement of interest in the property that is being | 17 | | so taken,
and, if possible, a statement in writing, | 18 | | signed by the
owner, setting forth the sum that he or | 19 | | she is willing to accept
as just compensation for the | 20 | | property or use. Whether or
not the owner or agent is | 21 | | known or readily ascertainable, a
true copy of the | 22 | | statement shall promptly be filed by the
Governor or | 23 | | the person with the Director, who shall keep
the docket | 24 | | of the statements. In cases where the sum that
the | 25 | | owner is willing to accept as just compensation is less
| 26 | | than $1,000, copies of the statements shall also be |
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| 1 | | filed
by the Director with, and shall be passed upon by | 2 | | an
Emergency Management Claims Commission,
consisting | 3 | | of 3 disinterested citizens who shall be appointed
by | 4 | | the Governor, by and with the advice and consent of the
| 5 | | Senate, within 20 days after the Governor's | 6 | | declaration of a
disaster, and if the sum fixed by them | 7 | | as just
compensation be less than $1,000 and is | 8 | | accepted in writing
by the owner, then the State | 9 | | Treasurer out of funds
appropriated for these | 10 | | purposes, shall, upon certification thereof
by the | 11 | | Emergency Management Claims
Commission, cause the sum | 12 | | so certified forthwith to be paid
to the owner. The | 13 | | Emergency Management
Claims Commission is hereby given | 14 | | the power to issue
appropriate subpoenas and to | 15 | | administer oaths to witnesses and shall
keep | 16 | | appropriate minutes and other records of its actions | 17 | | upon
and the disposition made of all claims.
| 18 | | b. When the compensation to be paid for the taking | 19 | | or use of property
or interest therein is not or cannot | 20 | | be determined
and paid under item (a) above, a petition | 21 | | in the name of The People
of the State of Illinois | 22 | | shall be promptly filed by the Director,
which filing | 23 | | may be enforced by mandamus, in the
circuit court of | 24 | | the county where the
property or any part thereof was | 25 | | located when initially taken
or used under the | 26 | | provisions of this Act praying that the amount
of |
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| 1 | | compensation to be paid to the person or persons | 2 | | interested
therein be fixed and determined. The | 3 | | petition shall include
a description of the property | 4 | | that has been taken, shall state the
physical condition | 5 | | of the property when taken, shall name
as defendants | 6 | | all interested parties, shall set forth the
sum of | 7 | | money estimated to be just compensation for the | 8 | | property
or interest therein taken or used, and shall | 9 | | be signed by the
Director. The litigation shall be | 10 | | handled by the Attorney
General for and on behalf of | 11 | | the State.
| 12 | | c. Just compensation for the taking or use of | 13 | | property or
interest therein shall be promptly | 14 | | ascertained in
proceedings and established by judgment | 15 | | against the State, that shall
include, as part of the | 16 | | just compensation so awarded, interest
at the rate of | 17 | | 6% per annum on the fair market value of the
property | 18 | | or interest therein from the date of the taking or
use | 19 | | to the date of the judgment; and the court may order | 20 | | the
payment of delinquent taxes and special | 21 | | assessments out of
the amount so awarded as just | 22 | | compensation and may make
any other orders with respect | 23 | | to encumbrances, rents,
insurance, and other charges, | 24 | | if any, as shall be just and equitable.
| 25 | | (5) When required by the exigencies of the disaster, to
| 26 | | sell, lend, rent, give, or distribute all or any part of |
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| 1 | | property so or
otherwise
acquired to the inhabitants of | 2 | | this State, or to political subdivisions of this
State, or, | 3 | | under the interstate mutual aid agreements or compacts as | 4 | | are
entered into under the provisions of subparagraph (5) | 5 | | of paragraph (c) of
Section 6 to other states, and
to | 6 | | account for and transmit to the State Treasurer all funds, | 7 | | if any, received
therefor.
| 8 | | (6) To recommend the evacuation of all or part of the | 9 | | population
from any stricken or threatened area within the | 10 | | State if the Governor deems this action
necessary and to | 11 | | order the mandatory emergency evacuation of a long term | 12 | | care facility when it is determined that evacuation is the | 13 | | best solution to eliminating the potential for harm. A long | 14 | | term care facility notified of a mandatory emergency | 15 | | evacuation order shall provide a list of resources needed | 16 | | to the Governor or his or her designee to safely implement | 17 | | the order .
| 18 | | (7) To prescribe routes, modes of transportation, and | 19 | | destinations in
connection with evacuation.
| 20 | | (8) To control ingress and egress to and from a | 21 | | disaster area, the
movement of persons within the area, and | 22 | | the occupancy of premises therein.
| 23 | | (9) To suspend or limit the sale, dispensing, or | 24 | | transportation of
alcoholic beverages, firearms, | 25 | | explosives, and combustibles.
| 26 | | (10) To make provision for the availability and use of |
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| 1 | | temporary
emergency housing and to prohibit long term care | 2 | | facilities with available bed space from denying a | 3 | | temporary transfer for any reason other than the facility | 4 | | does not offer the services required .
| 5 | | (11) A proclamation of a disaster
shall activate the | 6 | | State Emergency Operations Plan, and political
subdivision | 7 | | emergency operations plans applicable to the political
| 8 | | subdivision or area in question and be authority for the | 9 | | deployment and use of
any forces that the plan or plans | 10 | | apply and for use or
distribution of any
supplies, | 11 | | equipment, and materials and facilities assembled, | 12 | | stockpiled or
arranged to be made available under this Act | 13 | | or any other provision
of law relating to disasters.
| 14 | | (12) Control, restrict, and regulate by rationing, | 15 | | freezing, use of
quotas, prohibitions on shipments, price | 16 | | fixing, allocation or other means, the
use, sale or | 17 | | distribution of food, feed, fuel, clothing and other | 18 | | commodities,
materials, goods, or services; and perform | 19 | | and exercise any other functions,
powers, and duties as may
| 20 | | be necessary to promote and secure the safety and | 21 | | protection of the civilian population.
| 22 | | (13) During the continuance of any disaster the
| 23 | | Governor is commander-in-chief of the organized and | 24 | | unorganized militia and of
all other forces available for | 25 | | emergency duty. To the greatest extent practicable,
the | 26 | | Governor shall delegate or assign command authority to do |
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| 1 | | so by orders
issued at the time of the disaster.
| 2 | | (14) Prohibit increases in the prices of goods and | 3 | | services during a
disaster.
| 4 | | (Source: P.A. 92-73, eff. 1-1-02.)
| 5 | | (20 ILCS 3305/8) (from Ch. 127, par. 1058)
| 6 | | Sec. 8. Mobile Support Teams.
| 7 | | (a) The Governor or Director may cause to
be created Mobile | 8 | | Support Teams to aid and to reinforce the Illinois Emergency
| 9 | | Management Agency, and emergency services and disaster
| 10 | | agencies in areas stricken by
disaster.
Each mobile
support | 11 | | team shall have a leader, selected by the Director who will be
| 12 | | responsible, under the direction and control of the Director, | 13 | | for the organization,
administration, and training, and | 14 | | operation of the mobile support team.
| 15 | | (a-5) Each mobile support team shall include at least one | 16 | | regional Long Term Care Ombudsman and at least one nurse long | 17 | | term care surveyor employed by the Department of Public Health. | 18 | | Both regional Long Term Care Ombudsmen and nurse long term care | 19 | | surveyors shall serve as consultants to the mobile support team | 20 | | and the long term care facilities involved in the disaster and | 21 | | shall identify appropriate alternative placements. Both | 22 | | regional Long Term Care Ombudsmen and nurse long term care | 23 | | surveyors on a mobile support team are expressly prohibited | 24 | | from using his or her position on the team and the information | 25 | | provided by the long term care facility to issues sanctions or |
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| 1 | | penalties. | 2 | | (b) Personnel of a mobile support team while on duty | 3 | | pursuant to
such a
call or while engaged in regularly scheduled | 4 | | training or exercises, whether
within or without the State, | 5 | | shall either:
| 6 | | (1) If they are paid employees of the State, have the | 7 | | powers, duties,
rights, privileges and immunities and | 8 | | receive the compensation incidental
to their employment.
| 9 | | (2) If they are paid employees of a political | 10 | | subdivision or body
politic of this State, and whether | 11 | | serving within or without that political
subdivision or | 12 | | body politic, have the powers, duties, rights, privileges
| 13 | | and immunities, and receive the compensation incidental to | 14 | | their
employment.
| 15 | | (3) If they are not employees of the State, political | 16 | | subdivision or
body politic, or being such employees, are | 17 | | not normally paid for their
services, be entitled to at | 18 | | least one dollar per year compensation from the
State.
| 19 | | Personnel of a mobile support team who suffer disease, | 20 | | injury or
death arising out of or in the course of emergency | 21 | | duty, shall
for the purposes
of benefits under the Workers' | 22 | | Compensation Act or Workers' Occupational
Diseases Act only, be | 23 | | deemed to be employees of this State.
If the person diseased, | 24 | | injured or killed is an employee described in
item (3) above, | 25 | | the computation of benefits payable under
either of those Acts | 26 | | shall be based on income commensurate with comparable
State |
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| 1 | | employees doing the same type of work or income from the | 2 | | person's
regular employment, whichever is greater.
| 3 | | All personnel of mobile support teams shall, while on duty | 4 | | under
such call, be reimbursed by this State for all actual and | 5 | | necessary travel
and subsistence expenses.
| 6 | | (c) The State shall reimburse each political subdivision
or | 7 | | body politic from the Disaster Response and Recovery Fund for | 8 | | the compensation paid and
the actual and necessary
travel, | 9 | | subsistence and maintenance expenses of paid employees of the
| 10 | | political subdivision or body politic while serving,
outside of | 11 | | its geographical boundaries pursuant to such a call, as members | 12 | | of
a mobile support team, and for all payments made for death, | 13 | | disease or injury
of those paid employees arising out of and | 14 | | incurred in the course of that
duty, and for all losses of or | 15 | | damage to supplies and equipment of the political
subdivision | 16 | | or body politic resulting from the
operations.
| 17 | | (d) Whenever mobile support teams or units of another | 18 | | state, while
the Governor has the emergency powers provided for | 19 | | under Section 7 of this
Act, render aid to this State under the | 20 | | orders of the Governor of
its home state and upon the request | 21 | | of the Governor of this State, all
questions relating to | 22 | | reimbursement by this State to the other state and its
citizens | 23 | | in regard to the assistance so rendered shall be determined by | 24 | | the
mutual aid agreements or interstate compacts described in | 25 | | subparagraph (5)
of paragraph (c) of
Section 6 as are existing | 26 | | at the time of the assistance rendered or are
entered into |
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| 1 | | thereafter
and under Section 303 (d) of the Federal Civil | 2 | | Defense
Act of 1950.
| 3 | | (e) No personnel of mobile support teams of this State may | 4 | | be
ordered by the Governor to operate in any other state unless | 5 | | a request for
the same has been made by the Governor or duly | 6 | | authorized representative
of the other state.
| 7 | | (Source: P.A. 98-465, eff. 8-16-13.)
| 8 | | (20 ILCS 3305/10) (from Ch. 127, par. 1060)
| 9 | | Sec. 10. Emergency Services and Disaster Agencies.
| 10 | | (a) Each political subdivision within this State shall be | 11 | | within the
jurisdiction of and served by the Illinois Emergency | 12 | | Management Agency and by
an emergency services and disaster | 13 | | agency responsible for emergency management
programs. A | 14 | | township, if the township is in a county having a population
of | 15 | | more than 2,000,000, must have approval of the county | 16 | | coordinator before
establishment of a township emergency | 17 | | services and disaster agency.
| 18 | | (b) Unless multiple county emergency services and disaster | 19 | | agency
consolidation is authorized by the Illinois Emergency | 20 | | Management Agency
with the consent of the respective counties, | 21 | | each county shall maintain
an emergency services and disaster | 22 | | agency
that has jurisdiction over and serves the entire county, | 23 | | except as
otherwise provided under this Act and except that in | 24 | | any county with a
population of over 3,000,000 containing a | 25 | | municipality with a population of
over 500,000 the jurisdiction |
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| 1 | | of the county agency shall not extend to
the municipality when | 2 | | the municipality has
established its own agency.
| 3 | | (c) Each municipality with a population of over 500,000 | 4 | | shall maintain
an emergency services and disaster agency which | 5 | | has jurisdiction over and
serves the entire municipality. A | 6 | | municipality with a population less than
500,000 may establish, | 7 | | by ordinance, an agency or department responsible for
emergency | 8 | | management within the municipality's corporate limits.
| 9 | | (d) The Governor shall determine which municipal | 10 | | corporations, other
than those specified in paragraph (c) of | 11 | | this Section, need
emergency services and disaster agencies of | 12 | | their own and require that
they be established and maintained. | 13 | | The Governor shall make
these determinations on
the basis of | 14 | | the municipality's disaster vulnerability and capability of
| 15 | | response related to population size and concentration. The | 16 | | emergency services
and disaster agency of a county or township, | 17 | | shall not have a jurisdiction
within a political subdivision | 18 | | having its own emergency services and disaster
agency, but | 19 | | shall cooperate with the emergency services and disaster agency
| 20 | | of a city, village or incorporated town within their borders. | 21 | | The
Illinois Emergency Management Agency shall publish and | 22 | | furnish a current
list to the municipalities required to have | 23 | | an emergency services and
disaster agency under this | 24 | | subsection.
| 25 | | (e) Each municipality that is not required to and does not | 26 | | have an
emergency services and disaster agency shall have a |
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| 1 | | liaison officer
designated to facilitate the cooperation and | 2 | | protection of that municipal
corporation with the county | 3 | | emergency services and disaster agency in which
it is located | 4 | | in the work of disaster mitigation, preparedness, response,
and | 5 | | recovery.
| 6 | | (f) The principal executive officer or his or her designee | 7 | | of each
political subdivision in the State shall annually | 8 | | notify the Illinois
Emergency Management Agency of the manner | 9 | | in which the political
subdivision is providing or securing | 10 | | emergency management, identify the
executive head of the agency | 11 | | or the department from which the service is
obtained, or the | 12 | | liaison officer in accordance with paragraph (d) of this
| 13 | | Section and furnish additional information relating thereto as | 14 | | the
Illinois Emergency Management Agency requires.
| 15 | | (g) Each emergency services and disaster agency shall | 16 | | prepare an emergency
operations plan for its geographic | 17 | | boundaries that complies with planning,
review, and approval | 18 | | standards promulgated by the Illinois Emergency
Management | 19 | | Agency. The Illinois Emergency Management Agency shall | 20 | | determine
which jurisdictions will be required to include | 21 | | earthquake preparedness in
their local emergency operations | 22 | | plans. An emergency operations plan shall include provisions | 23 | | for the evacuation of long term care facilities and securing | 24 | | emergency transportation, the prioritization of restoration of | 25 | | power or securing alternative power sources, and the | 26 | | identification of resources needed to permit the residents of a |
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| 1 | | long term care facility to remain in place.
| 2 | | (h) The emergency services and disaster agency shall | 3 | | prepare and
distribute to all appropriate officials in written | 4 | | form a clear and
complete statement of the emergency | 5 | | responsibilities of all local
departments and officials and of | 6 | | the disaster chain of command.
| 7 | | (i) Each emergency services and disaster agency shall have | 8 | | a Coordinator
who shall be appointed by the principal executive | 9 | | officer of the political
subdivision in the same manner as are | 10 | | the heads of regular governmental
departments. If the political | 11 | | subdivision is a county and the principal
executive officer | 12 | | appoints the sheriff as the Coordinator, the sheriff may,
in | 13 | | addition to his or her regular compensation, receive | 14 | | compensation at the
same level as provided in Section 3 of "An | 15 | | Act in relation to the regulation
of motor vehicle traffic and | 16 | | the promotion of safety on public highways in
counties", | 17 | | approved August 9, 1951, as amended. The Coordinator shall have
| 18 | | direct responsibility for the organization, administration, | 19 | | training, and
operation of the emergency services and disaster | 20 | | agency, subject to the
direction and control of that principal | 21 | | executive officer. Each emergency
services and disaster agency | 22 | | shall coordinate and may perform emergency
management | 23 | | functions within the territorial limits of the political
| 24 | | subdivision within which it is organized as are prescribed in | 25 | | and by
the State Emergency Operations Plan, and programs, | 26 | | orders, rules and
regulations as may be promulgated by the |
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| 1 | | Illinois Emergency Management
Agency and by local ordinance | 2 | | and, in addition, shall conduct such
functions outside of those | 3 | | territorial limits as may be required under
mutual aid | 4 | | agreements and compacts as are entered into under subparagraph
| 5 | | (5) of paragraph (c) of Section 6.
| 6 | | (j) In carrying out the provisions of this Act, each | 7 | | political
subdivision may enter into contracts and incur | 8 | | obligations necessary to
place it in a position effectively to | 9 | | combat the disasters as are
described in Section 4, to protect | 10 | | the health and safety of persons,
to protect property, and to | 11 | | provide emergency assistance to victims of
those disasters. If | 12 | | a disaster occurs, each political subdivision
may exercise the | 13 | | powers vested under this Section in the light of the
exigencies | 14 | | of the disaster and, excepting mandatory constitutional
| 15 | | requirements, without regard to the procedures and formalities | 16 | | normally
prescribed by law pertaining to the performance of | 17 | | public work, entering
into contracts, the incurring of | 18 | | obligations, the employment of
temporary workers, the rental of | 19 | | equipment, the purchase of supplies and
materials, and the | 20 | | appropriation, expenditure, and disposition of public
funds | 21 | | and property.
| 22 | | (k) Volunteers who, while engaged in a disaster, an | 23 | | exercise, training
related to the emergency operations plan of | 24 | | the political subdivision, or
a search-and-rescue team | 25 | | response to an occurrence or threat of injury or
loss of life | 26 | | that is beyond local response capabilities, suffer disease,
|
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| 1 | | injury or death, shall, for the purposes of benefits under the | 2 | | Workers'
Compensation Act or Workers' Occupational Diseases | 3 | | Act only, be deemed
to be employees of the State, if: (1) the | 4 | | claimant is a duly qualified
and enrolled (sworn in) as a | 5 | | volunteer of the Illinois Emergency Management
Agency or an | 6 | | emergency services and disaster agency accredited by the | 7 | | Illinois
Emergency Management Agency, and (2) if: (i) the | 8 | | claimant was participating
in a disaster as defined in Section | 9 | | 4 of this Act, (ii) the exercise or
training participated in | 10 | | was specifically and expressly approved by the
Illinois | 11 | | Emergency Management Agency prior to the exercise or training, | 12 | | or
(iii) the search-and-rescue team response was to an | 13 | | occurrence or threat of
injury or loss of life that was beyond | 14 | | local response capabilities and was
specifically and expressly | 15 | | approved by the Illinois Emergency Management
Agency prior to | 16 | | the search-and-rescue team response. The computation of
| 17 | | benefits payable under either of those Acts shall be based on | 18 | | the income
commensurate with comparable State employees doing | 19 | | the same type work or
income from the person's regular | 20 | | employment, whichever is greater. | 21 | | Volunteers who are working under the direction of an | 22 | | emergency services and disaster agency accredited by the | 23 | | Illinois Emergency Management Agency, pursuant to a plan | 24 | | approved by the Illinois Emergency Management Agency (i) during | 25 | | a disaster declared by the Governor under Section 7 of this | 26 | | Act, or (ii) in circumstances otherwise expressly approved by |
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| 1 | | the Illinois Emergency Management Agency, shall be deemed | 2 | | exclusively employees of the State for purposes of Section 8(d) | 3 | | of the Court of Claims Act, provided that the Illinois | 4 | | Emergency Management Agency may, in coordination with the | 5 | | emergency services and disaster agency, audit implementation | 6 | | for compliance with the plan.
| 7 | | (l) If any person who is entitled to receive benefits | 8 | | through the
application of this Section receives, in connection | 9 | | with the disease,
injury or death giving rise to such | 10 | | entitlement, benefits under an Act
of Congress or federal | 11 | | program, benefits payable under this
Section shall be reduced | 12 | | to the extent of the benefits received under
that other Act or | 13 | | program.
| 14 | | (m) (1) Prior to conducting an exercise, the principal | 15 | | executive officer of
a political subdivision or his or her | 16 | | designee shall provide area media with
written | 17 | | notification of the exercise. The notification shall | 18 | | indicate that
information relating to the exercise shall | 19 | | not be released to the public until
the commencement of the | 20 | | exercise. The notification shall also contain a request
| 21 | | that the notice be so posted to ensure that all relevant | 22 | | media personnel
are advised of the exercise before it | 23 | | begins.
| 24 | | (2) During the conduct of an exercise, all messages,
| 25 | | two-way radio communications, briefings, status reports, | 26 | | news releases, and
other oral or written communications |
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| 1 | | shall begin and end with the following
statement: "This is | 2 | | an exercise message".
| 3 | | (Source: P.A. 94-733, eff. 4-27-06.)
| 4 | | (20 ILCS 3305/18) (from Ch. 127, par. 1068)
| 5 | | Sec. 18. Orders, Rules and Regulations.
| 6 | | (a) The Governor shall
file a copy of every rule, | 7 | | regulation or order, and any amendment thereof made
by the | 8 | | Governor under the provisions of this Act in the office of
the | 9 | | Secretary
of State. No rule, regulation or order, or any | 10 | | amendment thereof shall be
effective until 10 days after the | 11 | | filing, provided, however, that upon
the declaration of a | 12 | | disaster by the Governor as is described
in Section 7 the | 13 | | provision relating to the effective date of any rule,
| 14 | | regulation, order or amendment issued under this Act and during
| 15 | | the state of disaster is abrogated, and the rule ; , regulation ; | 16 | | ,
order , including, but not limited to, a mandatory emergency | 17 | | evacuation order; or amendment shall become effective | 18 | | immediately upon being filed with
the Secretary of State | 19 | | accompanied by a certificate stating the reason
as required by | 20 | | the Illinois Administrative Procedure Act.
| 21 | | (b) Every emergency services and disaster agency
| 22 | | established pursuant to this Act and the coordinators thereof | 23 | | shall execute
and enforce the orders, rules and regulations as | 24 | | may be made by the Governor
under authority of this Act. Each | 25 | | emergency services and
disaster agency
shall have available
for |
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| 1 | | inspection at its office all orders, rules and regulations made | 2 | | by the
Governor, or under the Governor's authority. The | 3 | | Illinois Emergency Management
Agency shall furnish on the | 4 | | Department's website the orders,
rules and regulations
to each | 5 | | such
emergency services and disaster agency. Upon the written | 6 | | request of an emergency services or disaster agency, copies | 7 | | thereof shall be mailed to the emergency services or disaster | 8 | | agency.
| 9 | | (Source: P.A. 98-44, eff. 6-28-13.)
| 10 | | (20 ILCS 3305/21) (from Ch. 127, par. 1071)
| 11 | | Sec. 21. No Private Liability.
| 12 | | (a) Any person owning or controlling
real estate or other | 13 | | premises who voluntarily and without compensation grants a
| 14 | | license or privilege, or otherwise permits the designation or | 15 | | use of the
whole or any part or parts of such real estate or | 16 | | premises for the purpose
of sheltering persons during an actual | 17 | | or impending disaster, or an exercise together with his or her | 18 | | successors in
interest, if any, shall not be civilly liable for | 19 | | negligently causing the
death of, or injury to, any person on | 20 | | or about such real estate or premises
under such license, | 21 | | privilege or other permission, or for negligently
causing loss | 22 | | of, or damage to, the property of such person. As used in this | 23 | | subsection, "compensation" does not include moneys paid to a | 24 | | long term care facility for care provided to a resident | 25 | | evacuating due to a disaster whether voluntarily or by a |
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| 1 | | mandatory emergency evacuation order.
| 2 | | (b) Any private person, firm or corporation and employees | 3 | | and agents of such
person, firm or corporation in the | 4 | | performance of a contract with, and under
the direction of, the | 5 | | State, or any political
subdivision of the State under the | 6 | | provisions of this Act shall not be
civilly liable for causing | 7 | | the death of, or injury to, any person or damage
to any | 8 | | property except in the event of willful misconduct.
| 9 | | (c) Any private person, firm or corporation, and any | 10 | | employee or agent
of such person, firm or corporation, who | 11 | | renders assistance or advice at
the request of the State, or | 12 | | any political
subdivision of the State under this Act during an | 13 | | actual or impending
disaster, shall not be civilly liable for | 14 | | causing the death of, or injury
to, any person or damage to any | 15 | | property except in the event of willful
misconduct.
| 16 | | The immunities provided in this subsection (c) shall not | 17 | | apply to any
private person, firm or corporation, or to any | 18 | | employee or agent of such
person, firm or corporation
whose act | 19 | | or omission caused in whole or in part such actual or
impending | 20 | | disaster and who would otherwise be liable therefor.
| 21 | | (Source: P.A. 98-756, eff. 7-16-14.)
| 22 | | Section 10. The Public Utilities Act is amended by adding | 23 | | Section 2-202.5 as follows: | 24 | | (220 ILCS 5/2-202.5 new) |
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| 1 | | Sec. 2-202.5. Restoration of power priority order. The | 2 | | Illinois Commerce Commission, in collaboration with the | 3 | | Illinois Emergency Management Agency, shall establish by rule a | 4 | | priority order for the restoration of power or securing | 5 | | alternative power sources during outages and shall place long | 6 | | term care facilities licensed under the Nursing Home Care Act | 7 | | in the top tier of priority with other residential health care | 8 | | facilities.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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