Public Act 100-0444
 
SB1489 EnrolledLRB100 08193 MJP 18289 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Emergency Management Agency Act is 
amended  by changing Section 5 as follows:
 



    (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
Compensation Review Board.

    (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) 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

    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.

        (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.

        (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.

    (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 
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.)