Public Act 098-0465
 
HB3035 EnrolledLRB098 08955 JDS 39088 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 Disaster Relief Act is amended  by changing 
Section 3 as follows:
 



    (15 ILCS 30/3)  (from Ch. 127, par. 293.3)



    Sec. 3. 
Whenever funds regularly appropriated to the State 
and local
governmental bodies for disaster response and 
recovery are insufficient to
provide services, and when the 
Governor has declared a disaster by
proclamation in accordance 
with Section 7 of the Illinois Emergency Management
Agency Act 
or any successor Act, the Governor
may draw
upon the Disaster 
Response and Recovery Relief Fund in order to provide services 
or to
reimburse local governmental bodies furnishing services. 
The fund
may be used for the payment of emergency employees, 
for the payment of
the Illinois National Guard when called to 
active duty,
for disaster-related expenses of State Agencies 
and
Departments, and for the emergency purchase or renting of

equipment and commodities. The fund shall be used for 
furnishing
emergency services and relief to the disaster area 
as a whole and shall
not be used to provide private relief to 
persons sustaining property
damages or personal injury as a 
result of a disaster.

(Source: P.A. 87-168.)

 
    Section 10. The Illinois Emergency Management Agency Act is 
amended  by changing Sections 5, 8, and 9 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 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. 
(Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09; 
96-1000, eff. 7-2-10.)

 



    (20 ILCS 3305/8)  (from Ch. 127, par. 1058)



    Sec. 8. Mobile Support Teams. 

    (a) The Governor or Director may cause to
be created Mobile 
Support Teams to aid and to reinforce the Illinois Emergency

Management Agency, and emergency services and disaster

agencies in areas stricken by
disaster.
Each mobile
support 
team shall have a leader, selected by the Director who will be

responsible, under the direction and control of the Director, 
for the organization,
administration, and training, and 
operation of the mobile support team.

    (b) Personnel of a mobile support team while on duty 
pursuant to
such a
call or while engaged in regularly scheduled 
training or exercises, whether
within or without the State, 
shall either:


        (1) If they are paid employees of the State, have the 
    powers, duties,
rights, privileges and immunities and 
    receive the compensation incidental
to their employment.


        (2) If they are paid employees of a political 
    subdivision or body
politic of this State, and whether 
    serving within or without that political
subdivision or 
    body politic, have the powers, duties, rights, privileges

    and immunities, and receive the compensation incidental to 
    their
employment.


        (3) If they are not employees of the State, political 
    subdivision or
body politic, or being such employees, are 
    not normally paid for their
services, be entitled to at 
    least one dollar per year compensation from the
State.

    Personnel of a mobile support team who suffer disease, 
injury or
death arising out of or in the course of emergency 
duty, shall
for the purposes
of benefits under the Workers' 
Compensation Act or Workers' Occupational
Diseases Act only, be 
deemed to be employees of this State.
If the person diseased, 
injured or killed is an employee described in
item (3) above, 
the computation of benefits payable under
either of those Acts 
shall be based on income commensurate with comparable
State 
employees doing the same type of work or income from the 
person's
regular employment, whichever is greater.

    All personnel of mobile support teams shall, while on duty 
under
such call, be reimbursed by this State for all actual and 
necessary travel
and subsistence expenses.

    (c) The State shall reimburse each political subdivision
or 
body politic from the Disaster Response and Recovery Relief 
Fund for the compensation paid and
the actual and necessary

travel, subsistence and maintenance expenses of paid employees 
of the
political subdivision or body politic while serving,

outside of its geographical boundaries pursuant to such a call, 
as members of
a mobile support team, and for all payments made 
for death, disease or injury
of those paid employees arising 
out of and incurred in the course of that
duty, and for all 
losses of or damage to supplies and equipment of the political

subdivision or body politic resulting from the
operations.

    (d) Whenever mobile support teams or units of another 
state, while
the Governor has the emergency powers provided for 
under Section 7 of this
Act, render aid to this State under the 
orders of the Governor of
its home state and upon the request 
of the Governor of this State, all
questions relating to 
reimbursement by this State to the other state and its
citizens 
in regard to the assistance so rendered shall be determined by 
the
mutual aid agreements or interstate compacts described in 
subparagraph (5)
of paragraph (c) of
Section 6 as are existing 
at the time of the assistance rendered or are
entered into 
thereafter
and under Section 303 (d) of the Federal Civil 
Defense
Act of 1950.

    (e) No personnel of mobile support teams of this State may 
be
ordered by the Governor to operate in any other state unless 
a request for
the same has been made by the Governor or duly 
authorized representative
of the other state.

(Source: P.A. 92-73, eff. 1-1-02.)

 



    (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 Response and Recovery 
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 
Response and Recovery 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; 93-249, eff. 7-22-03.)

 
    Section 15. The Emergency Management Assistance Compact 
Act is amended  by adding Section 10 as follows:
 
    (45 ILCS 151/10 new)
    Sec. 10. Reimbursements and expenses. The Illinois 
Emergency Management Agency as the authorized representative 
of the State may use the Disaster Response and Recovery Fund to 
deposit any reimbursements received from a party state and to 
pay any expenses incurred relating to this Act.
 
    Section 20. The Illinois Emergency Planning and Community 
Right to Know Act is amended by changing Section 18 as follows:
 



    (430 ILCS 100/18)  (from Ch. 111 1/2, par. 7718)



    Sec. 18. Penalties. 

    (a) Any person who violates any requirement of
Section 9, 
10, 11, 12, or 14 of this Act shall be liable for a civil

penalty in an amount not to exceed $25,000 for each violation.  
In the case
of a second or subsequent violation of Section 10, 
the civil penalty shall
not exceed $75,000 for each day during 
which the violation continues.

    (b) Any person who knowingly fails to provide immediate 
notification of
a release in violation of Section 10 of this 
Act, shall be guilty of a
Class 4 felony, and in addition to 
any other penalty prescribed by law is
subject to a fine not to 
exceed $25,000 for each day of the violation.  In
the case of a 
second or subsequent conviction, the person shall be guilty
of 
a Class 3 felony, and in addition to any other penalty 
prescribed by law
is subject to a fine not to exceed $50,000 
for each day of the violation.

    (c) All civil penalties and fines collected under this 
Section
shall be deposited in the Emergency Planning and 
Training Fund, which that is
hereby created as a special fund 
in the State Treasury, and may shall be used
by IEMA, pursuant 
to appropriation, for its activities arising under this
Act and 
the Federal Act, including providing financial support for 
local
emergency planning committees and for training 
initiatives authorized by
IEMA.

(Source: P.A. 86-449; 87-168.)

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