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| Public Act 098-0309 | ||||
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AN ACT concerning local government.
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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 1. Short title. This Act may be cited as the | ||||
Interstate Mutual Emergency Aid Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
(a) "Emergency responder" includes emergency medical | ||||
services
personnel and firefighters, including firefighters | ||||
trained in the areas of hazardous
materials, specialized | ||||
rescue, extrication, water rescue, and other specialized | ||||
areas. | ||||
(b) "Mutual aid emergency" or "emergency" means an | ||||
occurrence
or condition resulting in a situation that poses an | ||||
immediate risk
to health, life, property, or the environment, | ||||
where the governmental entity having jurisdiction over the | ||||
situation determines (i) that the
situation exceeds its ability | ||||
to render appropriate aid and (ii) that it
is in the public's | ||||
best interest to request mutual aid from an out-of-state entity | ||||
with whom the governmental entity has a written mutual aid | ||||
agreement. "Mutual
aid emergency" or "emergency" does not | ||||
include a situation that
initially rises to the level of | ||||
disaster or emergency requiring a
state or local declaration of | ||||
a state of emergency, unless that
declaration occurs after the | ||||
initial request for mutual aid has been made. | ||
(c) "Training exercises" means necessary advance actions | ||
taken by emergency responders pursuant to a mutual aid | ||
agreement in order to prepare to more adequately address a | ||
potential mutual aid emergency. | ||
Section 10. Mutual aid agreements. In order to more | ||
adequately address emergencies that
extend or exceed a | ||
jurisdiction's emergency response capabilities,
either without | ||
rising to the level of a state or local declaration
of a state | ||
of emergency, or in the initial stages of an
event which may | ||
later become a declared emergency, a political subdivision of | ||
this State, including a county, city, village, township, or | ||
other unit of local government, or any combination thereof, may | ||
enter into a mutual aid
agreement with one or more units of | ||
government from another state. The mutual aid agreement may
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provide for coordination of communications, staging, training, | ||
and
response to planned and unplanned events which a local | ||
jurisdiction has determined exceed, or are likely to exceed, | ||
its emergency response capabilities. When engaged in training, | ||
staging, and emergency response in accordance with the mutual | ||
aid
agreements, emergency responders from outside of this State | ||
are
permitted to provide services within this State in | ||
accordance with
this Act and the terms of the mutual aid | ||
agreement. | ||
Section 15. Licenses, certifications, and permits. An | ||
emergency responder from outside this State who holds a | ||
license, certificate, or other
permit recognized or issued by | ||
another state shall be deemed licensed, certified, and | ||
permitted to render mutual aid during a mutual aid emergency | ||
within
this State pursuant to a mutual aid agreement authorized | ||
by this
Act, if the emergency responder is (i) acting within | ||
the scope of his
or her license, certificate, or permit and | ||
within the scope of what an
equivalent license, certificate, or | ||
permit from or recognized by
this State would authorize and | ||
(ii) acting pursuant to a request for mutual aid made pursuant | ||
to a mutual aid agreement authorized by this Act. | ||
Section 20. Governmental functions; liability; emergency | ||
responders. Any function performed by an emergency responder | ||
that is (i) acting within the scope of his or her license, | ||
certificate, or permit and within the scope of what an | ||
equivalent license, certificate, or permit recognized by this | ||
State would authorize and (ii) pursuant to a mutual aid | ||
agreement authorized by this Act shall be
deemed to have been | ||
for public and governmental purposes, and
all liabilities and | ||
immunities from liability applicable to this State's political
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subdivisions and their officers and
employees shall extend to | ||
the emergency responders from another
state while providing | ||
mutual aid during a mutual aid emergency or while engaged in | ||
training
exercises pursuant to a written mutual aid agreement | ||
authorized by
this Act. This Section shall not provide greater | ||
immunities to emergency responders from outside of this State | ||
than those immunities provided to emergency responders with the | ||
equivalent license, certificate, or permit in this State. This | ||
Section shall only apply to causes of action accruing on or | ||
after the effective date of this Act. | ||
Section 25. Employee benefits. Emergency responders from | ||
outside this State, while
rendering mutual aid within this | ||
State pursuant to a mutual aid
agreement authorized by this | ||
Act, remain employees and agents of
their respective employers | ||
and jurisdictions. Nothing in this Act,
or any mutual aid | ||
agreement entered into pursuant to this Act,
creates an | ||
employment relationship between the jurisdiction
requesting | ||
aid and the employees and agents of the jurisdiction
rendering | ||
aid. All pension, relief, disability, death benefits,
workers' | ||
compensation, and other benefits enjoyed by emergency
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responders rendering emergency mutual aid shall extend to the
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services they perform outside their respective jurisdictions | ||
as if
those services had been rendered in their own | ||
jurisdiction. | ||
Section 30. Limitations. This Act does not limit, modify, | ||
or abridge the
emergency management compact entered into under | ||
the Emergency Management Assistance Compact Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||