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| Public Act 098-0664 | ||||
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AN ACT concerning State 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 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 | ||||
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 | ||
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. 98-465, eff. 8-16-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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