State of Illinois
92nd General Assembly
Legislation

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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 Governor him under 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   event
25    designed  specifically  to  simulate  an actual disaster that
26    will provide  emergency  operations  training  for  emergency
27    response  personnel.   Actual  response by emergency services
28    and disaster agency volunteers to local emergency  situations
29    not  qualifying  as disasters, as defined in this Section, is
30    considered a disaster training exercise.  Provided,  however,
31    that   performance  of  the  usual  and  customary  emergency
32    functions of a political subdivision (e.g., police,  fire  or
33    emergency  medical  services)  is  not  included  within this
 
                            -3-               LRB9205116JMdvA
 1    definition 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        "Emergency Management Services 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  efforts  the
18    utilization of personnel to be dispatched  by  the  Governor,
19    or,  if  he  so  authorizes the Director, by the Director, to
20    supplement  the  State  and    political   subdivisions   for
21    emergency management programs in 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  chair  chairman  of
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 a his successor 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  Director  He  shall  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 accordance
13        with federal guidelines.
14             (5)  Review and approve, in accordance with Illinois
15        Emergency Management Agency rules, political  subdivision
16        emergency    operations   plans   for   those   political
17        subdivisions required to have an emergency  services  and
18        disaster  agency  pursuant  to  this  Act  and  recommend
19        revisions 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   performing  his  duties  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   performing  his  duties  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 Governor him.
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-numbered  odd  numbered  year  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  animals  man  and
 3        beast;  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 Governor he deems 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    Governor he may 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  Governor   He   shall   make   these   his
34    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    prepare  and  submit  to  the  Illinois  Emergency Management
31    Agency for review and approval an emergency  operations  plan
32    for  its  geographic  boundaries that complies with planning,
33    review,  and   approval   standards   promulgated   standards
34    developed  by  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)  Volunteers Emergency services  and  disaster  agency
19    personnel  who,  while  engaged in a disaster, an or disaster
20    training exercise,  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
30    paragraph  (e)  of  Section  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  Management
34    Agency shall use the same criteria for approving an  exercise
 
                            -24-              LRB9205116JMdvA
 1    and  utilizing State volunteers as required for any political
 2    subdivision.   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  an  a  disaster  training
15        exercise, the principal executive officer of a  political
16        subdivision  or  his  or  her designee shall provide area
17        media with written notification of the disaster  training
18        exercise.      The   notification   shall  indicate  that
19        information relating to the  disaster  training  exercise
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
24        disaster training exercise before it begins.
25             (2)  During the conduct of an  a  disaster  training
26        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 during disaster training
22    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    Governor him under 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  a  disaster
 8    training  exercise  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.)

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