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[ Senate Amendment 002 ] |
92_SB0860 LRB9205116JMdvA 1 AN ACT concerning the Illinois Emergency Management 2 Agency. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Emergency Management Agency Act 6 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 7 12, 13, 15, 18, 20, and 21 as follows: 8 (20 ILCS 3305/3) (from Ch. 127, par. 1053) 9 Sec. 3. Limitations. Nothing in this Act shall be 10 construed to: 11 (a) Interfere with the course or conduct of a labor 12 dispute, except that actions otherwise authorized by this Act 13 or other laws may be taken when necessary to mitigate 14 imminent or existing danger to public health or safety; 15 (b) Interfere with dissemination of news or comment of 16 public affairs; but any communications facility or 17 organization (including but not limited to radio and 18 television stations, wire services, and newspapers) may be 19 requested to transmit or print public service messages 20 furnishing information or instructions in connection with a 21 disaster; 22 (c) Affect the jurisdiction or responsibilities of 23 police forces, fire fighting forces, units of the armed 24 forces of the United States, or of any personnel thereof, 25 when on active duty; but State and political subdivision 26 emergency operations plans shall place reliance upon the 27 forces available for performance of functions related to 28 emergency management; 29 (d) Limit, modify, or abridge the authority of the 30 Governor to proclaim martial law or exercise any other powers 31 vested in the Governorhimunder the constitution, statutes, -2- LRB9205116JMdvA 1 or common law of this State, independent of or in conjunction 2 with any provisions of this Act; limit any home rule unit; or 3 prohibit any contract or association pursuant to Article VII, 4 Section 10 of the Illinois Constitution. 5 (Source: P.A. 85-1027.) 6 (20 ILCS 3305/4) (from Ch. 127, par. 1054) 7 Sec. 4. Definitions. As used in this Act, unless the 8 context clearly indicates otherwise, the following words and 9 terms have the meanings ascribed to them in this Section: 10 "Coordinator" means the staff assistant to the principal 11 executive officer of a political subdivision with the duty of 12 coordinating the emergency management programs of that 13 political subdivision. 14 "Disaster" means an occurrence or threat of widespread or 15 severe damage, injury or loss of life or property resulting 16 from any natural or technological cause, including but not 17 limited to fire, flood, earthquake, wind, storm, hazardous 18 materials spill or other water contamination requiring 19 emergency action to avert danger or damage, epidemic, air 20 contamination, blight, extended periods of severe and 21 inclement weather, drought, infestation, critical shortages 22 of essential fuels and energy, explosion, riot, or hostile 23 military or paramilitary action. 24"Disaster Training Exercise" means a planned event25designed specifically to simulate an actual disaster that26will provide emergency operations training for emergency27response personnel. Actual response by emergency services28and disaster agency volunteers to local emergency situations29not qualifying as disasters, as defined in this Section, is30considered a disaster training exercise. Provided, however,31that performance of the usual and customary emergency32functions of a political subdivision (e.g., police, fire or33emergency medical services) is not included within this-3- LRB9205116JMdvA 1definition of a disaster training exercise.2 "Emergency Management" means the efforts of the State and 3 the political subdivisions to develop, plan, analyze, 4 conduct, provide, implement and maintain programs for 5 disaster mitigation, preparedness, response and recovery. 6 "EmergencyManagementServices and Disaster Agency" means 7 the agency by this name, by the name Emergency Management 8 Agency, or by any other name that is established by ordinance 9 within a political subdivision to coordinate the emergency 10 management program within that political subdivision and with 11 private organizations, other political subdivisions, the 12 State and federal governments. 13 "Emergency Operations Plan" means the written plan of the 14 State and political subdivisions describing the organization, 15 mission, and functions of the government and supporting 16 services for responding to and recovering from disasters. 17 "Emergency Services" means the coordination of functions 18 by the State and its political subdivision, other than 19 functions for which military forces are primarily 20 responsible, as may be necessary or proper to prevent, 21 minimize, repair, and alleviate injury and damage resulting 22 from any natural or technological causes. These functions 23 include, without limitation, fire fighting services, police 24 services, emergency aviation services, medical and health 25 services, rescue, engineering, warning services, 26 communications, radiological, chemical and other special 27 weapons defense, evacuation of persons from stricken or 28 threatened areas, emergency assigned functions of plant 29 protection, temporary restoration of public utility services 30 and other functions related to civilian protection, together 31 with all other activities necessary or incidental to 32 protecting life or property. 33 "Exercise" means a planned event realistically simulating 34 a disaster, conducted for the purpose of evaluating the -4- LRB9205116JMdvA 1 political subdivision's coordinated emergency management 2 capabilities, including, but not limited to, testing the 3 emergency operations plan. 4 "Illinois Emergency Management Agency" means the agency 5 established by this Act within the executive branch of State 6 Government responsible for coordination of the overall 7 emergency management program of the State and with private 8 organizations, political subdivisions, and the federal 9 government. Illinois Emergency Management Agency also means 10 the State Emergency Response Commission responsible for the 11 implementation of Title III of the Superfund Amendments and 12 Reauthorization Act of 1986. 13 "Mobile Support Team" means a group of individuals 14 designated as a team by the Governor or Director to train 15 prior to and to be dispatched, if the Governor or the 16 Director so determines, to aid and reinforce the State and 17 political subdivision emergency management effortsthe18utilization of personnel to be dispatched by the Governor,19or, if he so authorizes the Director, by the Director, to20supplement the State and political subdivisions for21emergency management programsin response to a disaster. 22 "Municipality" means any city, village, and incorporated 23 town. 24 "Political Subdivision" means any county, city, village, 25 or incorporated town or township if the township is in a 26 county having a population of more than 2,000,000. 27 "Principal Executive Officer" means chairchairmanof 28 the county board, supervisor of a township if the township is 29 in a county having a population of more than 2,000,000, mayor 30 of a city or incorporated town, president of a village, or in 31 their absence or disability, the interim successor as 32 established under Section 7 of the Emergency Interim 33 Executive Succession Act. 34 (Source: P.A. 87-168; 88-606, eff. 1-1-95.) -5- LRB9205116JMdvA 1 (20 ILCS 3305/5) (from Ch. 127, par. 1055) 2 Sec. 5. Illinois Emergency Management Agency. 3 (a) There is created within the executive branch of the 4 State Government an Illinois Emergency Management Agency and 5 a Director of the Illinois Emergency Management Agency, 6 herein called the "Director" who shall be the head thereof. 7 The Director shall be appointed by the Governor, with the 8 advice and consent of the Senate, and shall serve for a term 9 of 2 years beginning on the third Monday in January of the 10 odd-numbered year, and until ahissuccessor is appointed and 11 has qualified; except that the term of the first Director 12 appointed under this Act shall expire on the third Monday in 13 January, 1989. The Director shall not hold any other 14 remunerative public office. The Director shall receive an 15 annual salary as set by the Governor from time to time or the 16 amount set by the Compensation Review Board, whichever is 17 higher. If set by the Governor, the Director's annual salary 18 may not exceed 85% of the Governor's annual salary. 19 (b) The Illinois Emergency Management Agency shall 20 obtain, under the provisions of the Personnel Code, 21 technical, clerical, stenographic and other administrative 22 personnel, and may make expenditures within the appropriation 23 therefor as may be necessary to carry out the purpose of this 24 Act. The agency created by this Act is intended to be a 25 successor to the agency created under the Illinois Emergency 26 Services and Disaster Agency Act of 1975 and the personnel, 27 equipment, records, and appropriations of that agency are 28 transferred to the successor agency as of the effective date 29 of this Act. 30 (c) The Director, subject to the direction and control 31 of the Governor, shall be the executive head of the Illinois 32 Emergency Management Agency and the State Emergency Response 33 Commission and shall be responsible under the direction of 34 the Governor, for carrying out the program for emergency -6- LRB9205116JMdvA 1 management of this State. The DirectorHeshall also 2 maintain liaison and cooperate with the emergency management 3 organizations of this State and other states and of the 4 federal government. 5 (d) The Illinois Emergency Management Agency shall take 6 an integral part in the development and revision of political 7 subdivision emergency operations plans prepared under 8 paragraph (f) of Section 10. To this end it shall employ or 9 otherwise secure the services of professional and technical 10 personnel capable of providing expert assistance to the 11 emergency services and disaster agencies. These personnel 12 shall consult with emergency services and disaster agencies 13 on a regular basis and shall make field examinations of the 14 areas, circumstances, and conditions that particular 15 political subdivision emergency operations plans are intended 16 to apply, and may recommend revisions under State rules. 17 (e) The Illinois Emergency Management Agency and 18 political subdivisions shall be encouraged to form an 19 emergency management advisory committee composed of private 20 and public personnel representing the emergency management 21 phases of mitigation, preparedness, response, and recovery. 22 The Local Emergency Planning Committee, as created under the 23 Illinois Emergency Planning and Community Right to Know Act, 24 shall serve as an advisory committee to the emergency 25 services and disaster agency or agencies serving within the 26 boundaries of that Local Emergency Planning Committee 27 planning district for: 28 (1) the development of emergency operations plan 29 provisions for hazardous chemical emergencies; and 30 (2) the assessment of emergency response 31 capabilities related to hazardous chemical emergencies. 32 (f) The Illinois Emergency Management Agency shall: 33 (1) Coordinate the overall emergency management 34 program of the State. -7- LRB9205116JMdvA 1 (2) Cooperate with local governments, the federal 2 government and any public or private agency or entity in 3 achieving any purpose of this Act and in implementing 4 emergency management programs for mitigation, 5 preparedness, response, and recovery. 6 (3) Prepare, for issuance by the Governor, 7 executive orders, proclamations, and regulations as 8 necessary or appropriate in coping with disasters. 9 (4) Promulgate rules and requirements for political 10 subdivision emergency operations plans that are not 11 inconsistent with and are at least as stringent as 12 applicable federal laws and regulations, in accordance13with federal guidelines. 14 (5) Review and approve, in accordance with Illinois 15 Emergency Management Agency rules,political subdivision16 emergency operations plans for those political 17 subdivisions required to have an emergency services and 18 disaster agency pursuant to this Actand recommend19revisions under State rules. 20 (5.5) Promulgate rules and requirements for the 21 political subdivision emergency management exercises, 22 including, but not limited to, exercises of the emergency 23 operations plans. 24 (5.10) Review, evaluate, and approve, in accordance 25 with Illinois Emergency Management Agency rules, 26 political subdivision emergency management exercises for 27 those political subdivisions required to have an 28 emergency services and disaster agency pursuant to this 29 Act. 30 (6) Determine requirements of the State and its 31 political subdivisions for food, clothing, and other 32 necessities in event of a disaster. 33 (7) Establish a register of persons with types of 34 emergency management training and skills in mitigation, -8- LRB9205116JMdvA 1 preparedness, response, and recovery. 2 (8) Establish a register of government and private 3 response resources available for use in a disaster. 4 (9) Expand the Earthquake Awareness Program and its 5 efforts to distribute earthquake preparedness materials 6 to schools, political subdivisions, community groups, 7 civic organizations, and the media. Emphasis will be 8 placed on those areas of the State most at risk from an 9 earthquake. Maintain the list of all school districts, 10 hospitals, airports, power plants, including nuclear 11 power plants, lakes, dams, emergency response facilities 12 of all types, and all other major public or private 13 structures which are at the greatest risk of damage from 14 earthquakes under circumstances where the damage would 15 cause subsequent harm to the surrounding communities and 16 residents. 17 (10) Disseminate all information, completely and 18 without delay, on water levels for rivers and streams and 19 any other data pertaining to potential flooding supplied 20 by the Division of Water Resources within the Department 21 of Natural Resources to all political subdivisions to the 22 maximum extent possible. 23 (11) Develop agreements, if feasible, with medical 24 supply and equipment firms to supply resources as are 25 necessary to respond to an earthquake or any other 26 disaster as defined in this Act. These resources will be 27 made available upon notifying the vendor of the disaster. 28 Payment for the resources will be in accordance with 29 Section 7 of this Act. The Illinois Department of Public 30 Health shall determine which resources will be required 31 and requested. 32 (12) Do all other things necessary, incidental or 33 appropriate for the implementation of this Act. 34 (Source: P.A. 91-25, eff. 6-9-99.) -9- LRB9205116JMdvA 1 (20 ILCS 3305/6) (from Ch. 127, par. 1056) 2 Sec. 6. Emergency Management Powers of the Governor. 3 (a) The Governor shall have general direction and 4 control of the Illinois Emergency Management Agency and shall 5 be responsible for the carrying out of the provisions of this 6 Act. 7 (b) In performinghisduties under this Act, the 8 Governor is authorized to cooperate with the federal 9 government and with other states in all matters pertaining to 10 emergency management. 11 (c) In performinghisduties under this Act, the 12 Governor is further authorized: 13 (1) To make, amend, and rescind all lawful 14 necessary orders, rules, and regulations to carry out the 15 provisions of this Act within the limits of the authority 16 conferred upon the Governorhim. 17 (2) To cause to be prepared a comprehensive plan 18 and program for the emergency management of this State, 19 which plan and program shall be integrated into and 20 coordinated with emergency management plans and programs 21 of the federal government and of other states whenever 22 possible and which plan and program may include: 23 a. Mitigation of injury and damage caused by 24 disaster. 25 b. Prompt and effective response to disaster. 26 c. Emergency relief. 27 d. Identification of areas particularly 28 vulnerable to disasters. 29 e. Recommendations for zoning, building, and 30 other land-use controls, safety measures for 31 securing permanent structures and other mitigation 32 measures designed to eliminate or reduce disasters 33 or their impact. 34 f. Assistance to political subdivisions in -10- LRB9205116JMdvA 1 designing emergency operations plans. 2 g. Authorization and procedures for the 3 erection or other construction of temporary works 4 designed to mitigate danger, damage or loss from 5 flood, or other disaster. 6 h. Preparation and distribution to the 7 appropriate State and political subdivision 8 officials of a State catalog of federal, State, and 9 private assistance programs. 10 i. Organization of State personnel and chains 11 of command. 12 j. Coordination of federal, State, and 13 political subdivision emergency management 14 activities. 15 k. Other necessary matters. 16 (3) In accordance with the plan and program for the 17 emergency management of this State, and out of funds 18 appropriated for these purposes, to procure and 19 preposition supplies, medicines, materials and equipment, 20 to institute training programs and public information 21 programs, and to take all other preparatory steps 22 including the partial or full mobilization of emergency 23 services and disaster agencies in advance of actual 24 disaster to insure the furnishing of adequately trained 25 and equipped forces for disaster response and recovery. 26 (4) Out of funds appropriated for these purposes, 27 to make studies and surveys of the industries, resources, 28 and facilities in this State as may be necessary to 29 ascertain the capabilities of the State for emergency 30 management phases of mitigation, preparedness, response, 31 and recovery and to plan for the most efficient emergency 32 use thereof. 33 (5) On behalf of this State, to negotiate for and 34 submit to the General Assembly for its approval or -11- LRB9205116JMdvA 1 rejection reciprocal mutual aid agreements or compacts 2 with other states, either on a statewide or political 3 subdivision basis. The agreements or compacts, shall be 4 limited to the furnishing or exchange of food, clothing, 5 medical or other supplies, engineering and police 6 services; emergency housing and feeding; National and 7 State Guards while under the control of the State; 8 health, medical, and related services; fire fighting, 9 rescue, transportation, communication, and construction 10 services and equipment, provided, however, that if the 11 General Assembly be not in session and the Governor has 12 not proclaimed the existence of a disaster under this 13 Section, then the agreements or compacts shall instead be 14 submitted to an Interim Committee on Emergency Management 15 composed of 5 Senators appointed by the President of the 16 Senate and of 5 Representatives appointed by the Speaker 17 of the House, during the month of June of each 18 odd-numberedodd numberedyear to serve for a 2 year 19 term, beginning July 1 of that year, and until their 20 successors are appointed and qualified, or until 21 termination of their legislative service, whichever first 22 occurs. Vacancies shall be filled by appointment for the 23 unexpired term in the same manner as original 24 appointments. All appointments shall be made in writing 25 and filed with the Secretary of State as a public 26 record. The Committee shall have the power to approve 27 or reject any agreements or compacts for and on behalf of 28 the General Assembly; and, provided further, that an 29 affirmative vote of 2/3 of the members of the Committee 30 shall be necessary for the approval of any agreement or 31 compact. 32 (Source: P.A. 87-168.) 33 (20 ILCS 3305/7) (from Ch. 127, par. 1057) -12- LRB9205116JMdvA 1 Sec. 7. Emergency Powers of the Governor. 2 (a) In the event of a disaster, as defined in Section 4, 3 the Governor may, by proclamation declare that a disaster 4 exists. Upon such proclamation, the Governor shall have and 5 may exercise for a period not to exceed 30 days the following 6 emergency powers; provided, however, that the lapse of the 7 emergency powers shall not, as regards any act or acts 8 occurring or committed within the 30 days period, deprive any 9 person, firm, corporation, political subdivision, or body 10 politic of any right or rights to compensation or 11 reimbursement which he, she, it, or they may have under the 12 provisions of this Act: 13 (1) To suspend the provisions of any regulatory 14 statute prescribing procedures for conduct of State 15 business, or the orders, rules and regulations of any 16 State agency, if strict compliance with the provisions of 17 any statute, order, rule, or regulation would in any way 18 prevent, hinder or delay necessary action, including 19 emergency purchases, by the Illinois Emergency Management 20 Agency, in coping with the disaster. 21 (2) To utilize all available resources of the State 22 government as reasonably necessary to cope with the 23 disaster and of each political subdivision of the State. 24 (3) To transfer the direction, personnel or 25 functions of State departments and agencies or units 26 thereof for the purpose of performing or facilitating 27 disaster response and recovery programs. 28 (4) On behalf of this State to take possession of, 29 and to acquire full title or a lesser specified interest 30 in, any personal property as may be necessary to 31 accomplish the objectives set forth in Section 2 of this 32 Act, including: airplanes, automobiles, trucks, trailers, 33 buses, and other vehicles; coal, oils, gasoline, and 34 other fuels and means of propulsion; explosives, -13- LRB9205116JMdvA 1 materials, equipment, and supplies; cattle, poultry, 2 food, and provisions for humans and animalsman and3beast; clothing and bedding; and medicines and medical 4 and surgical supplies; and to take possession of and for 5 a limited period occupy and use any real estate necessary 6 to accomplish those objectives; but only upon the 7 undertaking by the State to pay just compensation 8 therefor as in this Act provided, and then only under the 9 following provisions: 10 a. The Governor, or the person or persons as 11 the Governor may authorize so to do, may forthwith 12 take possession of property for and on behalf of the 13 State; provided, however, that the Governor or 14 persons shall simultaneously with the taking, 15 deliver to the owner or his or her agent, if the 16 identity of the owner or agency is known or readily 17 ascertainable, a signed statement in writing, that 18 shall include the name and address of the owner, the 19 date and place of the taking, description of the 20 property sufficient to identify it, a statement of 21 interest in the property that is being so taken, 22 and, if possible, a statement in writing, signed by 23 the owner, setting forth the sum that he or she is 24 willing to accept as just compensation for the 25 property or use. Whether or not the owner or agent 26 is known or readily ascertainable, a true copy of 27 the statement shall promptly be filed by the 28 Governor or the person with the Director, who shall 29 keep the docket of the statements. In cases where 30 the sum that the owner is willing to accept as just 31 compensation is less than $1,000, copies of the 32 statements shall also be filed by the Director with, 33 and shall be passed upon by an Emergency Management 34 Claims Commission, consisting of 3 disinterested -14- LRB9205116JMdvA 1 citizens who shall be appointed by the Governor, by 2 and with the advice and consent of the Senate, 3 within 20 days after the Governor's declaration of a 4 disaster, and if the sum fixed by them as just 5 compensation be less than $1,000 and is accepted in 6 writing by the owner, then the State Treasurer out 7 of funds appropriated for these purposes, shall, 8 upon certification thereof by the Emergency 9 Management Claims Commission, cause the sum so 10 certified forthwith to be paid to the owner. The 11 Emergency Management Claims Commission is hereby 12 given the power to issue appropriate subpoenas and 13 to administer oaths to witnesses and shall keep 14 appropriate minutes and other records of its actions 15 upon and the disposition made of all claims. 16 b. When the compensation to be paid for the 17 taking or use of property or interest therein is not 18 or cannot be determined and paid under item (a) 19 above, a petition in the name of The People of the 20 State of Illinois shall be promptly filed by the 21 Director, which filing may be enforced by mandamus, 22 in the circuit court of the county where the 23 property or any part thereof was located when 24 initially taken or used under the provisions of this 25 Act praying that the amount of compensation to be 26 paid to the person or persons interested therein be 27 fixed and determined. The petition shall include a 28 description of the property that has been taken, 29 shall state the physical condition of the property 30 when taken, shall name as defendants all interested 31 parties, shall set forth the sum of money estimated 32 to be just compensation for the property or interest 33 therein taken or used, and shall be signed by the 34 Director. The litigation shall be handled by the -15- LRB9205116JMdvA 1 Attorney General for and on behalf of the State. 2 c. Just compensation for the taking or use of 3 property or interest therein shall be promptly 4 ascertained in proceedings and established by 5 judgment against the State, that shall include, as 6 part of the just compensation so awarded, interest 7 at the rate of 6% per annum on the fair market value 8 of the property or interest therein from the date of 9 the taking or use to the date of the judgment; and 10 the court may order the payment of delinquent taxes 11 and special assessments out of the amount so awarded 12 as just compensation and may make any other orders 13 with respect to encumbrances, rents, insurance, and 14 other charges, if any, as shall be just and 15 equitable. 16 (5) When required by the exigencies of the 17 disaster, to sell, lend, rent, give, or distribute all or 18 any part of property so or otherwise acquired to the 19 inhabitants of this State, or to political subdivisions 20 of this State, or, under the interstate mutual aid 21 agreements or compacts as are entered into under the 22 provisions of subparagraph (5) of paragraph (c) of 23 Section 6 to other states, and to account for and 24 transmit to the State Treasurer all funds, if any, 25 received therefor. 26 (6) To recommend the evacuation of all or part of 27 the population from any stricken or threatened area 28 within the State if the Governorhedeems this action 29 necessary. 30 (7) To prescribe routes, modes of transportation, 31 and destinations in connection with evacuation. 32 (8) To control ingress and egress to and from a 33 disaster area, the movement of persons within the area, 34 and the occupancy of premises therein. -16- LRB9205116JMdvA 1 (9) To suspend or limit the sale, dispensing, or 2 transportation of alcoholic beverages, firearms, 3 explosives, and combustibles. 4 (10) To make provision for the availability and use 5 of temporary emergency housing. 6 (11) A proclamation of a disaster shall activate 7 the State Emergency Operations Plan, and political 8 subdivision emergency operations plans applicable to the 9 political subdivision or area in question and be 10 authority for the deployment and use of any forces that 11 the plan or plans apply and for use or distribution of 12 any supplies, equipment, and materials and facilities 13 assembled, stockpiled or arranged to be made available 14 under this Act or any other provision of law relating to 15 disasters. 16 (12) Control, restrict, and regulate by rationing, 17 freezing, use of quotas, prohibitions on shipments, price 18 fixing, allocation or other means, the use, sale or 19 distribution of food, feed, fuel, clothing and other 20 commodities, materials, goods, or services; and perform 21 and exercise any other functions, powers, and duties as 22 may be necessary to promote and secure the safety and 23 protection of the civilian population. 24 (13) During the continuance of any disaster the 25 Governor is commander-in-chief of the organized and 26 unorganized militia and of all other forces available for 27 emergency duty. To the greatest extent practicable, the 28 Governor shall delegate or assign command authority to do 29 so by orders issued at the time of the disaster. 30 (14) Prohibit increases in the prices of goods and 31 services during a disaster. 32 (Source: P.A. 87-168.) 33 (20 ILCS 3305/8) (from Ch. 127, par. 1058) -17- LRB9205116JMdvA 1 Sec. 8. Mobile Support Teams. 2 (a) The Governor or Director may cause to be created 3 Mobile Support Teams to aid and to reinforce the Illinois 4 Emergency Management Agency, and emergency services and 5 disaster agencies in areas stricken by disaster. Each mobile 6 support team shall have a leader, selected by the Director 7 who will be responsible, under the direction and control of 8 the Director, for the organization, administration, and 9 training, and operation of the mobile support team. 10 (b) Personnel of a mobile support team while on duty 11 pursuant to such a call or while engaged in regularly 12 scheduled training or exercises, whether within or without 13 the State, shall either: 14 (1) If they are paid employees of the State, have 15 the powers, duties, rights, privileges and immunities and 16 receive the compensation incidental to their employment. 17 (2) If they are paid employees of a political 18 subdivision or body politic of this State, and whether 19 serving within or without that political subdivision or 20 body politic, have the powers, duties, rights, privileges 21 and immunities, and receive the compensation incidental 22 to their employment. 23 (3) If they are not employees of the State, 24 political subdivision or body politic, or being such 25 employees, are not normally paid for their services, be 26 entitled to at least one dollar per year compensation 27 from the State. 28 Personnel of a mobile support team who suffer disease, 29 injury or death arising out of or in the course of emergency 30 duty, shall for the purposes of benefits under the Workers' 31 Compensation Act or Workers' Occupational Diseases Act only, 32 be deemed to be employees of this State. If the person 33 diseased, injured or killed is an employee described in item 34 (3) above, the computation of benefits payable under either -18- LRB9205116JMdvA 1 of those Acts shall be based on income commensurate with 2 comparable State employees doing the same type of work or 3 income from the person's regular employment, whichever is 4 greater. 5 All personnel of mobile support teams shall, while on 6 duty under such call, be reimbursed by this State for all 7 actual and necessary travel and subsistence expenses. 8 (c) The State shall reimburse each political subdivision 9 or body politic from the Disaster Relief Fund for the 10 compensation paid and the actual and necessary travel, 11 subsistence and maintenance expenses of paid employees of the 12 political subdivision or body politic while serving, outside 13 of its geographical boundaries pursuant to such a call, as 14 members of a mobile support team, and for all payments made 15 for death, disease or injury of those paid employees arising 16 out of and incurred in the course of that duty, and for all 17 losses of or damage to supplies and equipment of the 18 political subdivision or body politic resulting from the 19 operations. 20 (d) Whenever mobile support teams or units of another 21 state, while the Governor has the emergency powers provided 22 for under Section 7 of this Act, render aid to this State 23 under the orders of the Governor of its home state and upon 24 the request of the Governor of this State, all questions 25 relating to reimbursement by this State to the other state 26 and its citizens in regard to the assistance so rendered 27 shall be determined by the mutual aid agreements or 28 interstate compacts described in subparagraph (5) of 29 paragraph (c) of Section 6 as are existing at the time of the 30 assistance rendered or are entered into thereafter and under 31 Section 303 (d) of the Federal Civil Defense Act of 1950. 32 (e) No personnel of mobile support teams of this State 33 may be ordered by the Governor to operate in any other state 34 unless a request for the same has been made by the Governor -19- LRB9205116JMdvA 1 or duly authorized representative of the other state. 2 (Source: P.A. 87-168.) 3 (20 ILCS 3305/9) (from Ch. 127, par. 1059) 4 Sec. 9. Financing. 5 (a) It is the intent of the Legislature and declared to 6 be the policy of the State that funds to meet disasters shall 7 always be available. 8 (b) It is the legislative intent that the first recourse 9 shall be to funds regularly appropriated to State and 10 political subdivision departments and agencies. If the 11 Governor finds that the demands placed upon these funds in 12 coping with a particular disaster are unreasonably great, the 13 Governorhemay make funds available from the Disaster Relief 14 Fund. If monies available from the Fund are insufficient, and 15 if the Governor finds that other sources of money to cope 16 with the disaster are not available or are insufficient, the 17 Governor shall request the General Assembly to enact 18 legislation as it may deem necessary to transfer and expend 19 monies appropriated for other purposes or borrow, for a term 20 not to exceed 2 years from the United States government or 21 other public or private source. If the General Assembly is 22 not sitting in regular session to enact such legislation for 23 the transfer, expenditure or loan of such monies, and the 24 President of the Senate and the Speaker of the House certify 25 that the Senate and House are not in session, the Governor is 26 authorized to carry out those decisions until such time as a 27 quorum of the General Assembly can convene in a regular or 28 extraordinary session. 29 (c) Nothing contained in this Section shall be construed 30 to limit the Governor's authority to apply for, administer 31 and expend grants, gifts or payments in aid of disaster 32 mitigation, preparedness, response or recovery. 33 (Source: P.A. 85-1027.) -20- LRB9205116JMdvA 1 (20 ILCS 3305/10) (from Ch. 127, par. 1060) 2 Sec. 10. Emergency Services and Disaster Agencies. 3 (a) Each political subdivision within this State shall 4 be within the jurisdiction of and served by the Illinois 5 Emergency Management Agency and by an emergency services and 6 disaster agency responsible for emergency management 7 programs. A township, if the township is in a county having 8 a population of more than 2,000,000, must have approval of 9 the county coordinator before establishment of a township 10 emergency services and disaster agency. 11 (b) Unless multiple county emergency services and 12 disaster agency consolidation is authorized by the Illinois 13 Emergency Management Agency with the consent of the 14 respective counties, each county shall maintain an emergency 15 services and disaster agency that has jurisdiction over and 16 serves the entire county, except as otherwise provided under 17 this Act and except that in any county with a population of 18 over 3,000,000 containing a municipality with a population of 19 over 500,000 the jurisdiction of the county agency shall not 20 extend to the municipality when the municipality has 21 established its own agency. 22 (c) Each municipality with a population of over 500,000 23 shall maintain an emergency services and disaster agency 24 which has jurisdiction over and serves the entire 25 municipality. A municipality with a population less than 26 500,000 may establish, by ordinance, an agency or department 27 responsible for emergency management within the 28 municipality's corporate limits. 29 (d) The Governor shall determine which municipal 30 corporations, other than those specified in paragraph (c) of 31 this Section, need emergency services and disaster agencies 32 of their own and require that they be established and 33 maintained. The GovernorHeshall make thesehis34 determinations on the basis of the municipality's disaster -21- LRB9205116JMdvA 1 vulnerability and capability of response related to 2 population size and concentration. The emergency services 3 and disaster agency of a county or township, shall not have a 4 jurisdiction within a political subdivision having its own 5 emergency services and disaster agency, but shall cooperate 6 with the emergency services and disaster agency of a city, 7 village or incorporated town within their borders. The 8 Illinois Emergency Management Agency shall publish and 9 furnish a current list to the municipalities required to have 10 an emergency services and disaster agency under this 11 subsection. 12 (e) Each municipality that is not required to and does 13 not have an emergency services and disaster agency shall have 14 a liaison officer designated to facilitate the cooperation 15 and protection of that municipal corporation with the county 16 emergency services and disaster agency in which it is located 17 in the work of disaster mitigation, preparedness, response, 18 and recovery. 19 (f) The principal executive officer or his or her 20 designee of each political subdivision in the State shall 21 annually notify the Illinois Emergency Management Agency of 22 the manner in which the political subdivision is providing or 23 securing emergency management, identify the executive head of 24 the agency or the department from which the service is 25 obtained, or the liaison officer in accordance with paragraph 26 (d) of this Section and furnish additional information 27 relating thereto as the Illinois Emergency Management Agency 28 requires. 29 (g) Each emergency services and disaster agency shall 30 prepareand submit to the Illinois Emergency Management31Agency for review and approvalan emergency operations plan 32 for its geographic boundaries that complies with planning, 33 review, and approval standards promulgatedstandards34developedby the Illinois Emergency Management Agency. The -22- LRB9205116JMdvA 1 Illinois Emergency Management Agency shall determine which 2 jurisdictions will be required to include earthquake 3 preparedness in their local emergency operations plans. 4 (h) The emergency services and disaster agency shall 5 prepare and distribute to all appropriate officials in 6 written form a clear and complete statement of the emergency 7 responsibilities of all local departments and officials and 8 of the disaster chain of command. 9 (i) Each emergency services and disaster agency shall 10 have a Coordinator who shall be appointed by the principal 11 executive officer of the political subdivision in the same 12 manner as are the heads of regular governmental departments. 13 If the political subdivision is a county and the principal 14 executive officer appoints the sheriff as the Coordinator, 15 the sheriff may, in addition to his or her regular 16 compensation, receive compensation at the same level as 17 provided in Section 3 of "An Act in relation to the 18 regulation of motor vehicle traffic and the promotion of 19 safety on public highways in counties", approved August 9, 20 1951, as amended. The Coordinator shall have direct 21 responsibility for the organization, administration, 22 training, and operation of the emergency services and 23 disaster agency, subject to the direction and control of that 24 principal executive officer. Each emergency services and 25 disaster agency shall coordinate and may perform emergency 26 management functions within the territorial limits of the 27 political subdivision within which it is organized as are 28 prescribed in and by the State Emergency Operations Plan, and 29 programs, orders, rules and regulations as may be 30 promulgated by the Illinois Emergency Management Agency and 31 by local ordinance and, in addition, shall conduct such 32 functions outside of those territorial limits as may be 33 required under mutual aid agreements and compacts as are 34 entered into under subparagraph (5) of paragraph (c) of -23- LRB9205116JMdvA 1 Section 6. 2 (j) In carrying out the provisions of this Act, each 3 political subdivision may enter into contracts and incur 4 obligations necessary to place it in a position effectively 5 to combat the disasters as are described in Section 4, to 6 protect the health and safety of persons, to protect 7 property, and to provide emergency assistance to victims of 8 those disasters. If a disaster occurs, each political 9 subdivision may exercise the powers vested under this Section 10 in the light of the exigencies of the disaster and, excepting 11 mandatory constitutional requirements, without regard to the 12 procedures and formalities normally prescribed by law 13 pertaining to the performance of public work, entering into 14 contracts, the incurring of obligations, the employment of 15 temporary workers, the rental of equipment, the purchase of 16 supplies and materials, and the appropriation, expenditure, 17 and disposition of public funds and property. 18 (k) VolunteersEmergency services and disaster agency19personnelwho, while engaged in a disaster, anor disaster20trainingexercise, or training related to the emergency 21 operations plan of the political subdivision, suffer disease, 22 injury or death, shall, for the purposes of benefits under 23 the Workers' Compensation Act or Workers' Occupational 24 Diseases Act only, be deemed to be employees of the State, if 25 (1) the claimant is a duly qualified and enrolled (sworn in) 26 as a volunteer of the Illinois Emergency Management Agency or 27 an emergency services and disaster agency accredited by the 28 Illinois Emergency Management Agency, and (2) if the claimant 29 was participating in an actual disaster as defined in 30paragraph (e) ofSection 4 of this Act or the exercise or 31 training participated in was specifically and expressly 32 approved by the Illinois Emergency Management Agency prior to 33 the exercise or training.Illinois Emergency Management34Agency shall use the same criteria for approving an exercise-24- LRB9205116JMdvA 1and utilizing State volunteers as required for any political2subdivision.The computation of benefits payable under 3 either of those Acts shall be based on the income 4 commensurate with comparable State employees doing the same 5 type work or income from the person's regular employment, 6 whichever is greater. 7 (l) If any person who is entitled to receive benefits 8 through the application of this Section receives, in 9 connection with the disease, injury or death giving rise to 10 such entitlement, benefits under an Act of Congress or 11 federal program, benefits payable under this Section shall be 12 reduced to the extent of the benefits received under that 13 other Act or program. 14 (m) (1) Prior to conducting ana disaster training15 exercise, the principal executive officer of a political 16 subdivision or his or her designee shall provide area 17 media with written notification of thedisaster training18 exercise. The notification shall indicate that 19 information relating to thedisaster trainingexercise 20 shall not be released to the public until the 21 commencement of the exercise. The notification shall also 22 contain a request that the notice be so posted to ensure 23 that all relevant media personnel are advised of the 24disaster trainingexercise before it begins. 25 (2) During the conduct of ana disaster training26 exercise, all messages, two-way radio communications, 27 briefings, status reports, news releases, and other oral 28 or written communications shall begin and end with the 29 following statement: "This is an exercise message". 30 (Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.) 31 (20 ILCS 3305/11) (from Ch. 127, par. 1061) 32 Sec. 11. Local Disaster Declarations. 33 (a) A local disaster may be declared only by the -25- LRB9205116JMdvA 1 principal executive officer of a political subdivision, or 2 his or her interim emergency successor, as provided in 3 Section 7 of the "Emergency Interim Executive Succession 4 Act". It shall not be continued or renewed for a period in 5 excess of 7 days except by or with the consent of the 6 governing board of the political subdivision. Any order or 7 proclamation declaring, continuing, or terminating a local 8 disaster shall be given prompt and general publicity and 9 shall be filed promptly with the county clerk, township 10 clerk, or the municipal clerk, as the case may be, in the 11 area to which it applies. 12 (b) The effect of a declaration of a local disaster is 13 to activate the emergency operations plan of that political 14 subdivision and to authorize the furnishing of aid and 15 assistance thereunder. 16 (Source: P.A. 85-1027.) 17 (20 ILCS 3305/12) (from Ch. 127, par. 1062) 18 Sec. 12. Testing of Disaster Warning Devices. The 19 testing of disaster warning devices including outdoor warning 20 sirens shall be held only on the first Tuesday of each month 21 at 10 o'clock in the morning or duringdisaster training22 exercises that are specifically and expressly approved in 23 advance by the Illinois Emergency Management Agency. 24 (Source: P.A. 87-168.) 25 (20 ILCS 3305/13) (from Ch. 127, par. 1063) 26 Sec. 13. Mutual aid arrangements between political 27 subdivisions and taxing districts. 28 (a) The coordinator of each emergency services and 29 disaster agency may, in collaboration with other public 30 agencies within his or her immediate vicinity, develop or 31 cause to be developed mutual aid arrangements with other 32 political subdivisions of taxing districts within this State -26- LRB9205116JMdvA 1 for reciprocal disaster response and recovery assistance in 2 case a disaster is too great to be dealt with unassisted. 3 The mutual aid shall not, however, be effective unless and 4 until approved by each of the political subdivisions. The 5 arrangements shall be consistent with the State Emergency 6 Operations Plan and State emergency management program, and 7 in the event of a disaster as described in Section 4 of this 8 Act, it shall be the duty of each emergency services and 9 disaster agency to render assistance in accordance with the 10 provisions of the mutual aid arrangements. 11 (b) The coordinator of an emergency services and 12 disaster agency may, subject to the approval of the Director, 13 assist in the negotiation of mutual aid agreements between 14 this and other states. 15 (Source: P.A. 87-168; 88-606, eff. 1-1-95.) 16 (20 ILCS 3305/15) (from Ch. 127, par. 1065) 17 Sec. 15. Immunity. Neither the State, any political 18 subdivision of the State, nor, except in cases of gross 19 negligence or willful misconduct, the Governor, the Director, 20 the Principal Executive Officer of a political subdivision, 21 or the agents, employees, or representatives of any of them, 22 engaged in any emergency management response or recovery 23 activities, while complying with or attempting to comply with 24 this Act or any rule or regulations promulgated pursuant to 25 this Act is liable for the death of or any injury to persons, 26 or damage to property, as a result of such activity. This 27 Section does not, however, apply to political subdivisions 28 and principal executive officers required to maintain 29 emergency services and disaster agencies that are not in 30 compliance with Section 10 of this Act, notwithstanding 31 provisions of any other laws. This Section does not, 32 however, affect the right of any person to receive benefits 33 to which he or she would otherwise be entitled under this Act -27- LRB9205116JMdvA 1 under the Workers' Compensation Act or the Workers' 2 Occupational Diseases Act, or under any pension law, and this 3 Section does not affect the right of any such person to 4 receive any benefits or compensation under any Act of 5 Congress. 6 (Source: P.A. 85-1027.) 7 (20 ILCS 3305/18) (from Ch. 127, par. 1068) 8 Sec. 18. Orders, Rules and Regulations. 9 (a) The Governor shall file a copy of every rule, 10 regulation or order, and any amendment thereof made by the 11 Governorhimunder the provisions of this Act in the office 12 of the Secretary of State. No rule, regulation or order, or 13 any amendment thereof shall be effective until 10 days after 14 the filing, provided, however, that upon the declaration of a 15 disaster by the Governor as is described in Section 7 the 16 provision relating to the effective date of any rule, 17 regulation, order or amendment issued under this Act and 18 during the state of disaster is abrogated, and the rule, 19 regulation, order or amendment shall become effective 20 immediately upon being filed with the Secretary of State 21 accompanied by a certificate stating the reason as required 22 by the Illinois Administrative Procedure Act. 23 (b) Every emergency services and disaster agency 24 established pursuant to this Act and the coordinators thereof 25 shall execute and enforce the orders, rules and regulations 26 as may be made by the Governor under authority of this Act. 27 Each emergency services and disaster agency shall have 28 available for inspection at its office all orders, rules and 29 regulations made by the Governor, or under the Governor's 30 authority. The Illinois Emergency Management Agency shall 31 furnish the orders, rules and regulations to each such 32 emergency services and disaster agency. 33 (Source: P.A. 87-168.) -28- LRB9205116JMdvA 1 (20 ILCS 3305/20) (from Ch. 127, par. 1070) 2 Sec. 20. Emergency Management Agency; personnel; oath. 3 Each person, whether compensated or noncompensated, who is 4 appointed to serve in any capacity in the Illinois Emergency 5 Management Agency or an emergency services and disaster 6 agency, shall, before entering upon his or her duties, take 7 an oath, in writing, before the Director or before the 8 coordinator of that emergency services and disaster agency or 9 before other persons authorized to administer oaths in this 10 State, which oath shall be filed with the Director or with 11 the coordinator of the emergency services and disaster agency 12 with which he or she shall serve and which oath shall be 13 substantially as follows: 14 "I, _______________, do solemnly swear (or affirm) that I 15 will support and defend and bear true faith and allegiance to 16 the Constitution of the United States and the Constitution of 17 the State of Illinois, and the territory, institutions and 18 facilities thereof, both public and private, against all 19 enemies, foreign and domestic; that I take this obligation 20 freely, without any mental reservation or purpose of evasion; 21 and that I will well and faithfully discharge the duties upon 22 which I am about to enter. And I do further swear (or 23 affirm) that I do not advocate, nor am I, nor have I been a 24 member of any political party or organization that advocates 25 the overthrow of the government of the United States or of 26 this State by force or violence; and that during such time as 27 I am affiliated with the (name of political subdivision), I 28 will not advocate nor become a member of any political party 29 or organization that advocates the overthrow of the 30 government of the United States or of this State by force or 31 violence." 32 (Source: P.A. 87-168.) 33 (20 ILCS 3305/21) (from Ch. 127, par. 1071) -29- LRB9205116JMdvA 1 Sec. 21. No Private Liability. 2 (a) Any person owning or controlling real estate or 3 other premises who voluntarily and without compensation 4 grants a license or privilege, or otherwise permits the 5 designation or use of the whole or any part or parts of such 6 real estate or premises for the purpose of sheltering persons 7 during an actual or impending disaster, or adisaster8trainingexercise together with his or her successors in 9 interest, if any, shall not be civilly liable for negligently 10 causing the death of, or injury to, any person on or about 11 such real estate or premises under such license, privilege or 12 other permission, or for negligently causing loss of, or 13 damage to, the property of such person. 14 (b) Any private person, firm or corporation and 15 employees and agents of such person, firm or corporation in 16 the performance of a contract with, and under the direction 17 of, the State, or any political subdivision of the State 18 under the provisions of this Act shall not be civilly liable 19 for causing the death of, or injury to, any person or damage 20 to any property except in the event of willful misconduct. 21 (c) Any private person, firm or corporation, and any 22 employee or agent of such person, firm or corporation, who 23 renders assistance or advice at the request of the State, or 24 any political subdivision of the State under this Act during 25 an actual or impending disaster, shall not be civilly liable 26 for causing the death of, or injury to, any person or damage 27 to any property except in the event of willful misconduct. 28 The immunities provided in this subsection (c) shall not 29 apply to any private person, firm or corporation, or to any 30 employee or agent of such person, firm or corporation whose 31 act or omission caused in whole or in part such actual or 32 impending disaster and who would otherwise be liable 33 therefor. 34 (Source: P.A. 85-1027.) -30- LRB9205116JMdvA 1 Section 10. The Illinois Emergency Planning and 2 Community Right to Know Act is amended by changing Section 8 3 as follows: 4 (430 ILCS 100/8) (from Ch. 111 1/2, par. 7708) 5 Sec. 8. Local emergency planning committees. 6 (a) The SERC shall appoint and supervise local emergency 7 planning committees in accordance with Section 301 of the 8 Federal Act. 9 (b) Local emergency planning committees shall carry out 10 all responsibilities of a local emergency planning committee 11 as specified in applicable Sections of the Federal Act and 12 the Illinois Emergency Management Agency Act. Committees 13 shall consult and coordinate with the SERC and such other 14 local organizations as may be necessary to carry out their 15 assigned responsibilities. 16 (Source: P.A. 86-449.)