Public Act 094-0733
 		





SB2921 Enrolled
LRB094 19057 RSP 54557 b






    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Department of Professional Regulation Law of 
the
Civil Administrative Code of Illinois is amended  by 
changing Section 2105-400 as follows:
 
    (20 ILCS 2105/2105-400)

    Sec. 2105-400. Emergency Powers.
    (a) Upon proclamation of a disaster by the Governor, as 
provided for in the Illinois Emergency Management Agency Act, 
the Secretary
Director of Financial and Professional 
Regulation shall have the following powers, which shall be 
exercised only in coordination with the Illinois Emergency 
Management Agency and the Department of Public Health:

        (1) The power to suspend the requirements for permanent 
    or temporary licensure of persons who are licensed in 
    another state and are working under the direction of the 
    Illinois Emergency Management Agency and the Department of 
    Public Health pursuant to a declared disaster.
        (2) The power to modify the scope of practice 
    restrictions under any licensing act administered by the 
    Department for any person working under the direction of 
    the Illinois Emergency Management Agency and the Illinois 
    Department of Public Health pursuant to the declared 
    disaster.
        (3) The power to expand the exemption in Section 4(a) 
    of the Pharmacy Practice Act of 1987 to those licensed 
    professionals whose scope of practice has been modified, 
    under paragraph (2) of subsection (a) of this Section, to 
    include any element of the practice of pharmacy as defined 
    in the Pharmacy Practice Act of 1987 for any person working 
    under the direction of the Illinois Emergency Management 
    Agency and the Illinois Department of Public Health 
    pursuant to the declared disaster.
    (b) Persons exempt from licensure under paragraph (1) of 
subsection (a) of this Section and persons operating under 
modified scope of practice provisions under paragraph (2) of 
subsection (a) of this Section shall be exempt from licensure 
or be subject to modified scope of practice only until the 
declared disaster has ended as provided by law. For purposes of 
this Section, persons working under the direction of an 
emergency services and disaster agency accredited by the 
Illinois Emergency Management Agency and a local public health 
department, pursuant to a declared disaster, shall be deemed to 
be working under the direction of the Illinois Emergency 
Management Agency and the Department of Public Health.

    (c) The Director shall exercise these powers by way of 
proclamation.


(Source: P.A. 93-829, eff. 7-28-04.)
 
    Section 10. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended  by changing Section 2310-625 as follows:
 
    (20 ILCS 2310/2310-625)

    Sec. 2310-625. Emergency Powers.
    (a) Upon proclamation of a disaster by the Governor, as 
provided for in the Illinois Emergency Management Agency Act, 
the Director of Public Health shall have the following powers, 
which shall be exercised only in coordination with the Illinois 
Emergency Management Agency and the Department of Financial and

Professional Regulation:
        (1) The power to suspend the requirements for temporary 
    or permanent licensure or certification of persons who are 
    licensed or certified in another state and are working 
    under the direction of the Illinois Emergency Management 
    Agency and the Illinois Department of Public Health 
    pursuant to the declared disaster.
        (2) The power to modify the scope of practice 
    restrictions under the Emergency Medical Services (EMS) 
    Systems Act for any persons who are licensed under that Act 
    for any person working under the direction of the Illinois 
    Emergency Management Agency and the Illinois Department of 
    Public Health pursuant to the declared disaster.
        (3) The power to modify the scope of practice 
    restrictions under the Nursing Home Care Act for Certified 
    Nursing Assistants for any person working under the 
    direction of the Illinois Emergency Management Agency and 
    the Illinois Department of Public Health pursuant to the 
    declared disaster.
    (b) Persons exempt from licensure or certification under 
paragraph (1) of subsection (a) and persons operating under 
modified scope of practice provisions under paragraph (2) of 
subsection (a) and paragraph (3) of subsection (a) shall be 
exempt from licensure or certification or subject to modified 
scope of practice only until the declared disaster has ended as 
provided by law. For purposes of this Section, persons working 
under the direction of an emergency services and disaster 
agency accredited by the Illinois Emergency Management Agency 
and a local public health department, pursuant to a declared 
disaster, shall be deemed to be working under the direction of 
the Illinois Emergency Management Agency and the Department of 
Public Health.

    (c) The Director shall exercise these powers by way of 
proclamation.


(Source: P.A. 93-829, eff. 7-28-04.)
 
    Section 15. The Illinois Emergency Management Agency Act is 
amended by changing Section 10 as follows:
 



    (20 ILCS 3305/10)  (from Ch. 127, par. 1060)


    Sec. 10. Emergency Services and Disaster Agencies. 

    (a) Each political subdivision within this State shall be 
within the
jurisdiction of and served by the Illinois Emergency 
Management Agency and by
an emergency services and disaster 
agency responsible for emergency management
programs.  A 
township, if the township is in a county having a population
of 
more than 2,000,000, must have approval of the county 
coordinator before
establishment of a township emergency 
services and disaster agency.

    (b) Unless multiple county emergency services and disaster 
agency
consolidation is authorized by the Illinois Emergency 
Management Agency
with the consent of the respective counties, 
each county shall maintain
an emergency services and disaster 
agency
that has jurisdiction over and serves the entire county, 
except as
otherwise provided under this Act and except that in 
any county with a
population of over 3,000,000 containing a 
municipality with a population of
over 500,000 the jurisdiction 
of the county agency shall not extend to
the municipality when 
the municipality has
established its own agency.

    (c) Each municipality with a population of over 500,000 
shall maintain
an emergency services and disaster agency which 
has jurisdiction over and
serves the entire municipality.  A 
municipality with a population less than
500,000 may establish, 
by ordinance, an agency or department responsible for
emergency 
management within the municipality's corporate limits.

    (d) The Governor shall determine which municipal 
corporations, other
than those specified in paragraph (c) of 
this Section, need
emergency services and disaster agencies of 
their own and require that
they be established and maintained.  
The Governor shall make
these determinations on
the basis of 
the municipality's disaster vulnerability and capability of

response related to population size and concentration.  The 
emergency services
and disaster agency of a county or township, 
shall not have a jurisdiction
within a political subdivision 
having its own emergency services and disaster
agency, but 
shall cooperate with the emergency services and disaster agency

of a city, village or incorporated town within their borders.  
The
Illinois Emergency Management Agency shall publish and 
furnish a current
list to the municipalities required to have 
an emergency services and
disaster agency under this 
subsection.

    (e) Each municipality that is not required to and does not 
have an
emergency services and disaster agency shall have a 
liaison officer
designated to facilitate the cooperation and 
protection of that municipal
corporation with the county 
emergency services and disaster agency in which
it is located 
in the work of disaster mitigation, preparedness, response,
and 
recovery.

    (f) The principal executive officer or his or her designee 
of each
political subdivision in the State shall annually 
notify the Illinois
Emergency Management Agency of the manner 
in which the political
subdivision is providing or securing 
emergency management, identify the
executive head of the  agency 
or the department from which the service is
obtained, or the 
liaison officer in accordance with paragraph (d) of this

Section and furnish additional information relating thereto as 
the
Illinois Emergency Management Agency requires.

    (g) Each emergency services and disaster agency shall 
prepare an emergency
operations plan for its geographic 
boundaries that complies with planning,
review, and approval 
standards promulgated by the Illinois Emergency
Management 
Agency.  The Illinois Emergency Management Agency shall 
determine
which jurisdictions will be required to include 
earthquake preparedness in
their local emergency operations 
plans.

    (h) The emergency services and disaster agency shall 
prepare and
distribute to all appropriate officials in written 
form a clear and
complete statement of the emergency 
responsibilities of all local
departments and officials and of 
the disaster chain of command.

    (i) Each emergency services and disaster agency shall have 
a Coordinator
who shall be appointed by the principal executive 
officer of the political
subdivision in the same manner as are 
the heads of regular governmental
departments.  If the political 
subdivision is a county and the principal
executive officer 
appoints the sheriff as the Coordinator, the sheriff may,
in 
addition to his or her regular compensation, receive 
compensation at the
same level as provided in Section 3 of "An 
Act in relation to the regulation
of motor vehicle traffic and 
the promotion of safety on public highways in
counties", 
approved August 9, 1951, as amended.  The Coordinator shall have

direct responsibility for the organization, administration, 
training, and
operation of the emergency services and disaster 
agency, subject to the
direction and control of that principal 
executive officer.  Each emergency
services and disaster agency 
shall coordinate and may perform emergency
management 
functions within the territorial limits of the political

subdivision within which it is organized as are prescribed in 
and by
the State Emergency Operations Plan, and programs, 
orders, rules and
regulations as may be promulgated by the 
Illinois Emergency Management
Agency and by local ordinance 
and, in addition, shall conduct such
functions outside of those 
territorial limits as may be required under
mutual aid 
agreements and compacts as are entered into under subparagraph

(5) of paragraph (c) of Section 6.

    (j) In carrying out the provisions of this Act, each 
political
subdivision may enter into contracts and incur 
obligations necessary to
place it in a position effectively to 
combat the disasters as are
described in Section 4, to protect 
the health and safety of persons,
to protect property, and to 
provide emergency assistance to victims of
those disasters.  If 
a disaster occurs, each political subdivision
may exercise the 
powers vested under this Section in the light of the
exigencies 
of the disaster and, excepting mandatory constitutional

requirements, without regard to the procedures and formalities 
normally
prescribed by law pertaining to the performance of 
public work, entering
into contracts, the incurring of 
obligations, the employment of
temporary workers, the rental of 
equipment, the purchase of supplies and
materials, and the 
appropriation, expenditure, and disposition of public
funds 
and property.

    (k) Volunteers who, while engaged in a disaster, an 
exercise, training
related to the emergency operations plan of 
the political subdivision, or
a search-and-rescue team 
response to an occurrence or threat of injury or
loss of life 
that is beyond local response capabilities, suffer disease,

injury or death, shall, for the purposes of benefits under the 
Workers'
Compensation Act or Workers' Occupational Diseases 
Act only, be deemed
to be employees of the State, if: (1) the 
claimant is a duly qualified
and enrolled (sworn in) as a 
volunteer of the Illinois Emergency Management
Agency or an 
emergency services and disaster agency accredited by the 
Illinois
Emergency Management Agency, and (2) if: (i) the 
claimant was participating
in a disaster as defined in Section 
4 of this Act, (ii) the exercise or
training participated in 
was specifically and expressly approved by the
Illinois 
Emergency Management Agency prior to the exercise or training, 
or
(iii) the search-and-rescue team response was to an 
occurrence or threat of
injury or loss of life that was beyond 
local response capabilities and was
specifically and expressly 
approved by the Illinois Emergency Management
Agency prior to 
the search-and-rescue team response.  The computation of

benefits payable under either of those Acts shall be based on 
the income
commensurate with comparable State employees doing 
the same type work or
income from the person's regular 
employment, whichever is greater.
    Volunteers who are working under the direction of an 
emergency services and disaster agency accredited by the 
Illinois Emergency Management Agency, pursuant to a plan 
approved by the Illinois Emergency Management Agency (i) during 
a disaster declared by the Governor under Section 7 of this 
Act, or (ii) in circumstances otherwise expressly approved by 
the Illinois Emergency Management Agency, shall be deemed 
exclusively employees of the State for purposes of Section 8(d) 
of the Court of Claims Act, provided that the Illinois 
Emergency Management Agency may, in coordination with the 
emergency services and disaster agency, audit implementation 
for compliance with the plan.


    (l) If any person who is entitled to receive benefits 
through the
application of this Section receives, in connection 
with the disease,
injury or death giving rise to such 
entitlement, benefits under an Act
of Congress or federal 
program, benefits payable under this
Section shall be reduced 
to the extent of the benefits received under
that other Act or 
program.


    (m) (1) Prior to conducting an exercise, the principal 
    executive officer of
a political subdivision or his or her 
    designee shall provide area media with
written 
    notification of the exercise.  The notification shall 
    indicate that
information relating to the exercise shall 
    not be released to the public until
the commencement of the 
    exercise. The notification shall also contain a request

    that the notice be so posted to ensure that all relevant 
    media personnel
are advised of the exercise before it 
    begins.


        (2) During the conduct of an exercise, all messages,

    two-way radio communications, briefings, status reports, 
    news releases, and
other oral or written communications 
    shall begin and end with the following
statement:  "This is 
    an exercise message".

(Source: P.A. 92-16, eff. 6-28-01; 92-73, eff. 1-1-02.)


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.