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Public Act 100-0444
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| SB1489 Enrolled | LRB100 08193 MJP 18289 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Emergency Management Agency Act is |
amended by changing Section 5 as follows:
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(20 ILCS 3305/5) (from Ch. 127, par. 1055)
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Sec. 5. Illinois Emergency Management Agency.
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(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
Compensation Review Board.
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(b) The Illinois Emergency Management Agency shall obtain, |
under the
provisions of the Personnel Code, technical, |
clerical, stenographic and other
administrative personnel, and |
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may make expenditures within the appropriation
therefor as may |
be necessary to carry out the purpose of this Act. The agency
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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.
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(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.
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(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,
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circumstances, and conditions that particular political |
subdivision emergency
operations plans are intended to apply.
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(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
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mitigation, preparedness, response, and recovery.
The Local |
Emergency Planning Committee, as created under the Illinois
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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:
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(1) the development of emergency operations plan |
provisions for hazardous
chemical
emergencies; and
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(2) the assessment of emergency response capabilities |
related to hazardous
chemical
emergencies.
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(f) The Illinois Emergency Management Agency shall:
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(1) Coordinate the overall emergency management |
program of the State.
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(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.
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(2.5) Develop a comprehensive emergency preparedness |
and response plan for any nuclear
accident in accordance |
with Section 65 of the Department of Nuclear Safety
Law of |
2004 (20 ILCS 3310) and in development of the
Illinois
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Nuclear Safety Preparedness program in accordance with |
Section 8 of the
Illinois Nuclear Safety Preparedness Act.
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(2.6) Coordinate with the Department of Public Health
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with respect to planning for and responding to public |
health emergencies.
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(3) Prepare, for issuance by the Governor, executive |
orders,
proclamations, and regulations as necessary or |
appropriate in coping with
disasters.
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(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.
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(5) Review and approve, in accordance with Illinois |
Emergency Management
Agency rules, emergency operations
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plans for those political subdivisions required to have an |
emergency services
and disaster agency pursuant to this |
Act.
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(5.5) Promulgate rules and requirements for the |
political subdivision
emergency management
exercises, |
including, but not limited to, exercises of the emergency |
operations
plans.
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(5.10) Review, evaluate, and approve, in accordance |
with Illinois
Emergency
Management
Agency rules, political |
subdivision emergency management exercises for those
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political subdivisions
required to have an emergency |
services and disaster agency pursuant to this
Act.
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(6) Determine requirements of the State and its |
political
subdivisions
for food, clothing, and other |
necessities in event of a disaster.
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(7) Establish a register of persons with types of |
emergency
management
training and skills in mitigation, |
preparedness, response, and recovery.
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(8) Establish a register of government and private |
response
resources
available for use in a disaster.
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(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,
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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.
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(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
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Natural Resources to all political subdivisions to the |
maximum extent possible.
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(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.
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(11.5) In coordination with the Department of State |
Police, develop and
implement a community outreach program |
to promote awareness among the State's
parents and children |
of child abduction prevention and response.
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(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
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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.
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(13) Do all other things necessary, incidental or |
appropriate
for the implementation of this Act.
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(g) The Illinois Emergency Management Agency is authorized |
to make grants to various higher education institutions, public |
K-12 school districts, area vocational centers as designated by |
the State Board of Education, inter-district special education |
cooperatives, regional safe schools, and nonpublic K-12 |
schools for safety and security improvements. For the purpose |
of this subsection (g), "higher education institution" means a |
public university, a public community college, or an |
independent, not-for-profit or for-profit higher education |
institution located in this State. Grants made under this |
subsection (g) shall be paid out of moneys appropriated for |
that purpose from the Build Illinois Bond Fund. The Illinois |
Emergency Management Agency shall adopt rules to implement this |
subsection (g). These rules may specify: (i) the manner of |
applying for grants; (ii) project eligibility requirements; |
(iii) restrictions on the use of grant moneys; (iv) the manner |
in which the various higher education institutions must account |
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for the use of grant moneys; and (v) any other provision that |
the Illinois Emergency Management Agency determines to be |
necessary or useful for the administration of this subsection |
(g). |
(h) Except as provided in Section 17.5 of this Act, any |
moneys received by the Agency from donations or sponsorships |
shall be deposited in the Emergency Planning and Training Fund |
and used by the Agency, subject to appropriation, to effectuate |
planning and training activities. |
(i) The Illinois Emergency Management Agency may by rule |
assess and collect reasonable fees for attendance at |
Agency-sponsored conferences to enable the Agency to carry out |
the requirements of this Act. Any moneys received under this |
subsection shall be deposited in the Emergency Planning and |
Training Fund and used by the Agency, subject to appropriation, |
for planning and training activities. |
(Source: P.A. 98-465, eff. 8-16-13; 98-664, eff. 6-23-14.)
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