Public Act 93-0249
HB0006 Enrolled LRB093 02058 MKM 02086 b
AN ACT concerning public health emergencies.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Disaster Relief Act is amended by
changing Section 1 as follows:
(15 ILCS 30/1) (from Ch. 127, par. 293.1)
Sec. 1. As used in this Act:
"Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural or technological cause, including but not
limited to fire, flood, earthquake, wind, storm, hazardous
material spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air
contamination, blight, extended periods of severe and
inclement weather, drought, infestation, critical shortages
of essential fuels and energy, explosion, riot, or hostile
military or paramilitary action, public health emergencies,
or acts of domestic terrorism.
"Disaster area" means the area directly affected by or
threatened with a disaster.
(Source: P.A. 85-845.)
Section 10. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-50.5 as follows:
(20 ILCS 2310/2310-50.5 new)
Sec. 2310-50.5. Coordination concerning public health
emergencies. To coordinate with the Illinois Emergency
Management Agency with respect to planning for and responding
to public health emergencies, as defined in Section 4 of the
Illinois Emergency Management Agency Act.
Section 15. The Illinois Emergency Management Agency Act
is amended by changing Sections 4, 5 and 9 as follows:
(20 ILCS 3305/4) (from Ch. 127, par. 1054)
Sec. 4. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the meanings ascribed to them in this Section:
"Coordinator" means the staff assistant to the principal
executive officer of a political subdivision with the duty of
coordinating the emergency management programs of that
political subdivision.
"Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural or technological cause, including but not
limited to fire, flood, earthquake, wind, storm, hazardous
materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air
contamination, blight, extended periods of severe and
inclement weather, drought, infestation, critical shortages
of essential fuels and energy, explosion, riot, hostile
military or paramilitary action, public health emergencies,
or acts of domestic terrorism.
"Emergency Management" means the efforts of the State and
the political subdivisions to develop, plan, analyze,
conduct, provide, implement and maintain programs for
disaster mitigation, preparedness, response and recovery.
"Emergency Services and Disaster Agency" means the agency
by this name, by the name Emergency Management Agency, or by
any other name that is established by ordinance within a
political subdivision to coordinate the emergency management
program within that political subdivision and with private
organizations, other political subdivisions, the State and
federal governments.
"Emergency Operations Plan" means the written plan of the
State and political subdivisions describing the organization,
mission, and functions of the government and supporting
services for responding to and recovering from disasters.
"Emergency Services" means the coordination of functions
by the State and its political subdivision, other than
functions for which military forces are primarily
responsible, as may be necessary or proper to prevent,
minimize, repair, and alleviate injury and damage resulting
from any natural or technological causes. These functions
include, without limitation, fire fighting services, police
services, emergency aviation services, medical and health
services, rescue, engineering, warning services,
communications, radiological, chemical and other special
weapons defense, evacuation of persons from stricken or
threatened areas, emergency assigned functions of plant
protection, temporary restoration of public utility services
and other functions related to civilian protection, together
with all other activities necessary or incidental to
protecting life or property.
"Exercise" means a planned event realistically simulating
a disaster, conducted for the purpose of evaluating the
political subdivision's coordinated emergency management
capabilities, including, but not limited to, testing the
emergency operations plan.
"Illinois Emergency Management Agency" means the agency
established by this Act within the executive branch of State
Government responsible for coordination of the overall
emergency management program of the State and with private
organizations, political subdivisions, and the federal
government. Illinois Emergency Management Agency also means
the State Emergency Response Commission responsible for the
implementation of Title III of the Superfund Amendments and
Reauthorization Act of 1986.
"Mobile Support Team" means a group of individuals
designated as a team by the Governor or Director to train
prior to and to be dispatched, if the Governor or the
Director so determines, to aid and reinforce the State and
political subdivision emergency management efforts in
response to a disaster.
"Municipality" means any city, village, and incorporated
town.
"Political Subdivision" means any county, city, village,
or incorporated town or township if the township is in a
county having a population of more than 2,000,000.
"Principal Executive Officer" means chair of the county
board, supervisor of a township if the township is in a
county having a population of more than 2,000,000, mayor of a
city or incorporated town, president of a village, or in
their absence or disability, the interim successor as
established under Section 7 of the Emergency Interim
Executive Succession Act.
"Public health emergency" means an occurrence or
imminent threat of an illness or health condition that:
(a) is believed to be caused by any of the
following:
(i) bioterrorism;
(ii) the appearance of a novel or previously
controlled or eradicated infectious agent or
biological toxin;
(iii) a natural disaster;
(iv) a chemical attack or accidental release;
or
(v) a nuclear attack or accident; and
(b) poses a high probability of any of the
following harms:
(i) a large number of deaths in the affected
population;
(ii) a large number of serious or long-term
disabilities in the affected population; or
(iii) widespread exposure to an infectious or
toxic agent that poses a significant risk of
substantial future harm to a large number of people
in the affected population.
(Source: P.A. 92-73, eff. 1-1-02.)
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and
a Director of the Illinois Emergency Management Agency,
herein called the "Director" who shall be the head thereof.
The Director shall be appointed by the Governor, with the
advice and consent of the Senate, and shall serve for a term
of 2 years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director
appointed under this Act shall expire on the third Monday in
January, 1989. The Director shall not hold any other
remunerative public office. The Director shall receive an
annual salary as set by the Governor from time to time or the
amount set by the Compensation Review Board, whichever is
higher. If set by the Governor, the Director's annual salary
may not exceed 85% of the Governor's annual salary.
(b) The Illinois Emergency Management Agency shall
obtain, under the provisions of the Personnel Code,
technical, clerical, stenographic and other administrative
personnel, and may make expenditures within the appropriation
therefor as may be necessary to carry out the purpose of this
Act. The agency created by this Act is intended to be a
successor to the agency created under the Illinois Emergency
Services and Disaster Agency Act of 1975 and the personnel,
equipment, records, and appropriations of that agency are
transferred to the successor agency as of the effective date
of this Act.
(c) The Director, subject to the direction and control
of the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of
the Governor, for carrying out the program for emergency
management of this State. The Director shall also maintain
liaison and cooperate with the emergency management
organizations of this State and other states and of the
federal government.
(d) The Illinois Emergency Management Agency shall take
an integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies
on a regular basis and shall make field examinations of the
areas, circumstances, and conditions that particular
political subdivision emergency operations plans are intended
to apply.
(e) The Illinois Emergency Management Agency and
political subdivisions shall be encouraged to form an
emergency management advisory committee composed of private
and public personnel representing the emergency management
phases of mitigation, preparedness, response, and recovery.
The Local Emergency Planning Committee, as created under the
Illinois Emergency Planning and Community Right to Know Act,
shall serve as an advisory committee to the emergency
services and disaster agency or agencies serving within the
boundaries of that Local Emergency Planning Committee
planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response
capabilities related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Cooperate with the Department of Nuclear
Safety in development of the comprehensive emergency
preparedness and response plan for any nuclear accident
in accordance with Section 2005-65 of the Department of
Nuclear Safety Law of the Civil Administrative Code of
Illinois and in development of the Illinois Nuclear
Safety Preparedness program in accordance with Section 8
of the Illinois Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public
Health with respect to planning for and responding to
public health emergencies.
(3) Prepare, for issuance by the Governor,
executive orders, proclamations, and regulations as
necessary or appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have
an emergency services and disaster agency pursuant to
this Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules,
political subdivision emergency management exercises for
those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other
necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials
to schools, political subdivisions, community groups,
civic organizations, and the media. Emphasis will be
placed on those areas of the State most at risk from an
earthquake. Maintain the list of all school districts,
hospitals, airports, power plants, including nuclear
power plants, lakes, dams, emergency response facilities
of all types, and all other major public or private
structures which are at the greatest risk of damage from
earthquakes under circumstances where the damage would
cause subsequent harm to the surrounding communities and
residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied
by the Division of Water Resources within the Department
of Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are
necessary to respond to an earthquake or any other
disaster as defined in this Act. These resources will be
made available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required
and requested.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois
hospitals or health care facilities located outside of a
city with a population in excess of 1,000,000 to be used
for purposes that include, but are not limited to,
preparing to respond to mass casualties and disasters,
maintaining and improving patient safety and quality of
care, and protecting the confidentiality of patient
information. No single grant for a capital expenditure
shall exceed $300,000. No single grant for a non-capital
expenditure shall exceed $100,000. In awarding such
grants, preference shall be given to hospitals that serve
a significant number of Medicaid recipients, but do not
qualify for disproportionate share hospital adjustment
payments under the Illinois Public Aid Code. To receive
such a grant, a hospital or health care facility must
provide funding of at least 50% of the cost of the
project for which the grant is being requested. In
awarding such grants the Illinois Emergency Management
Agency shall consider the recommendations of the Illinois
Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(Source: P.A. 91-25, eff. 6-9-99; 92-73, eff. 1-1-02; 92-597,
eff. 6-28-02.)
(20 ILCS 3305/9) (from Ch. 127, par. 1059)
Sec. 9. Financing.
(a) It is the intent of the Legislature and declared to
be the policy of the State that funds to meet disasters shall
always be available.
(b) It is the legislative intent that the first recourse
shall be to funds regularly appropriated to State and
political subdivision departments and agencies. If the
Governor finds that the demands placed upon these funds in
coping with a particular disaster are unreasonably great, the
Governor may make funds available from the Disaster Relief
Fund. If monies available from the Fund are insufficient, and
if the Governor finds that other sources of money to cope
with the disaster are not available or are insufficient, the
Governor shall request the General Assembly to enact
legislation as it may deem necessary to transfer and expend
monies appropriated for other purposes or borrow, for a term
not to exceed 2 years from the United States government or
other public or private source. If the General Assembly is
not sitting in regular session to enact such legislation for
the transfer, expenditure or loan of such monies, and the
President of the Senate and the Speaker of the House certify
that the Senate and House are not in session, the Governor is
authorized to carry out those decisions, by depositing
transfers or loan proceeds into and making expenditures from
the Disaster Relief Fund, until such time as a quorum of the
General Assembly can convene in a regular or extraordinary
session. The General Assembly shall, to the extent moneys
become available, restore moneys used from other sources
under this Section.
(c) Nothing contained in this Section shall be construed
to limit the Governor's authority to apply for, administer
and expend grants, gifts or payments in aid of disaster
mitigation, preparedness, response or recovery.
(Source: P.A. 92-73, eff. 1-1-02.)
Section 20. The Emergency Medical Services Systems Act is
amended by adding Section 3.21 as follows:
(210 ILCS 50/3.21 new)
Sec. 3.21. Hospital first responders. The General
Assembly finds that in the event of terrorist acts,
especially those involving the release of biological agents,
bacteria, viruses, or other agents intended to cause illness
or injury, hospitals serve as first responders in diagnosing
and treating the victims of those acts. As first responders,
hospitals are on the front lines of the State's emergency
management efforts. Given the increased demands for
equipment, materials, and training associated with their
responsibility as first responders in the event of terrorist
acts, hospitals would benefit from additional resources to
enable them to be better prepared to protect and aid the
residents of the State. In awarding funds to support disaster
preparedness by first responders, the Department and any
other State agencies shall take into account the role of
hospitals in being prepared to respond to emergencies or
disasters.
Section 99. Effective date. This Act takes effect upon
becoming law.