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92_SB0860eng SB860 Engrossed LRB9205116JMdvA 1 AN ACT concerning the Illinois Emergency Management 2 Agency. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Emergency Management Agency Act 6 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 7 12, 13, 15, 18, 20, and 21 as follows: 8 (20 ILCS 3305/3) (from Ch. 127, par. 1053) 9 Sec. 3. Limitations. Nothing in this Act shall be 10 construed to: 11 (a) Interfere with the course or conduct of a labor 12 dispute, except that actions otherwise authorized by this Act 13 or other laws may be taken when necessary to mitigate 14 imminent or existing danger to public health or safety; 15 (b) Interfere with dissemination of news or comment of 16 public affairs; but any communications facility or 17 organization (including but not limited to radio and 18 television stations, wire services, and newspapers) may be 19 requested to transmit or print public service messages 20 furnishing information or instructions in connection with a 21 disaster; 22 (c) Affect the jurisdiction or responsibilities of 23 police forces, fire fighting forces, units of the armed 24 forces of the United States, or of any personnel thereof, 25 when on active duty; but State and political subdivision 26 emergency operations plans shall place reliance upon the 27 forces available for performance of functions related to 28 emergency management; 29 (d) Limit, modify, or abridge the authority of the 30 Governor to proclaim martial law or exercise any other powers 31 vested in the Governorhimunder the constitution, statutes, SB860 Engrossed -2- LRB9205116JMdvA 1 or common law of this State, independent of or in conjunction 2 with any provisions of this Act; limit any home rule unit; or 3 prohibit any contract or association pursuant to Article VII, 4 Section 10 of the Illinois Constitution. 5 (Source: P.A. 85-1027.) 6 (20 ILCS 3305/4) (from Ch. 127, par. 1054) 7 Sec. 4. Definitions. As used in this Act, unless the 8 context clearly indicates otherwise, the following words and 9 terms have the meanings ascribed to them in this Section: 10 "Coordinator" means the staff assistant to the principal 11 executive officer of a political subdivision with the duty of 12 coordinating the emergency management programs of that 13 political subdivision. 14 "Disaster" means an occurrence or threat of widespread or 15 severe damage, injury or loss of life or property resulting 16 from any natural or technological cause, including but not 17 limited to fire, flood, earthquake, wind, storm, hazardous 18 materials spill or other water contamination requiring 19 emergency action to avert danger or damage, epidemic, air 20 contamination, blight, extended periods of severe and 21 inclement weather, drought, infestation, critical shortages 22 of essential fuels and energy, explosion, riot,orhostile 23 military or paramilitary action, or acts of domestic 24 terrorism. 25"Disaster Training Exercise" means a planned event26designed specifically to simulate an actual disaster that27will provide emergency operations training for emergency28response personnel. Actual response by emergency services29and disaster agency volunteers to local emergency situations30not qualifying as disasters, as defined in this Section, is31considered a disaster training exercise. Provided, however,32that performance of the usual and customary emergency33functions of a political subdivision (e.g., police, fire orSB860 Engrossed -3- LRB9205116JMdvA 1emergency medical services) is not included within this2definition of a disaster training exercise.3 "Emergency Management" means the efforts of the State and 4 the political subdivisions to develop, plan, analyze, 5 conduct, provide, implement and maintain programs for 6 disaster mitigation, preparedness, response and recovery. 7 "EmergencyManagementServices and Disaster Agency" means 8 the agency by this name, by the name Emergency Management 9 Agency, or by any other name that is established by ordinance 10 within a political subdivision to coordinate the emergency 11 management program within that political subdivision and with 12 private organizations, other political subdivisions, the 13 State and federal governments. 14 "Emergency Operations Plan" means the written plan of the 15 State and political subdivisions describing the organization, 16 mission, and functions of the government and supporting 17 services for responding to and recovering from disasters. 18 "Emergency Services" means the coordination of functions 19 by the State and its political subdivision, other than 20 functions for which military forces are primarily 21 responsible, as may be necessary or proper to prevent, 22 minimize, repair, and alleviate injury and damage resulting 23 from any natural or technological causes. These functions 24 include, without limitation, fire fighting services, police 25 services, emergency aviation services, medical and health 26 services, rescue, engineering, warning services, 27 communications, radiological, chemical and other special 28 weapons defense, evacuation of persons from stricken or 29 threatened areas, emergency assigned functions of plant 30 protection, temporary restoration of public utility services 31 and other functions related to civilian protection, together 32 with all other activities necessary or incidental to 33 protecting life or property. 34 "Exercise" means a planned event realistically simulating SB860 Engrossed -4- LRB9205116JMdvA 1 a disaster, conducted for the purpose of evaluating the 2 political subdivision's coordinated emergency management 3 capabilities, including, but not limited to, testing the 4 emergency operations plan. 5 "Illinois Emergency Management Agency" means the agency 6 established by this Act within the executive branch of State 7 Government responsible for coordination of the overall 8 emergency management program of the State and with private 9 organizations, political subdivisions, and the federal 10 government. Illinois Emergency Management Agency also means 11 the State Emergency Response Commission responsible for the 12 implementation of Title III of the Superfund Amendments and 13 Reauthorization Act of 1986. 14 "Mobile Support Team" means a group of individuals 15 designated as a team by the Governor or Director to train 16 prior to and to be dispatched, if the Governor or the 17 Director so determines, to aid and reinforce the State and 18 political subdivision emergency management effortsthe19utilization of personnel to be dispatched by the Governor,20or, if he so authorizes the Director, by the Director, to21supplement the State and political subdivisions for22emergency management programsin response to a disaster. 23 "Municipality" means any city, village, and incorporated 24 town. 25 "Political Subdivision" means any county, city, village, 26 or incorporated town or township if the township is in a 27 county having a population of more than 2,000,000. 28 "Principal Executive Officer" means chairchairmanof 29 the county board, supervisor of a township if the township is 30 in a county having a population of more than 2,000,000, mayor 31 of a city or incorporated town, president of a village, or in 32 their absence or disability, the interim successor as 33 established under Section 7 of the Emergency Interim 34 Executive Succession Act. SB860 Engrossed -5- LRB9205116JMdvA 1 (Source: P.A. 87-168; 88-606, eff. 1-1-95.) 2 (20 ILCS 3305/5) (from Ch. 127, par. 1055) 3 Sec. 5. Illinois Emergency Management Agency. 4 (a) There is created within the executive branch of the 5 State Government an Illinois Emergency Management Agency and 6 a Director of the Illinois Emergency Management Agency, 7 herein called the "Director" who shall be the head thereof. 8 The Director shall be appointed by the Governor, with the 9 advice and consent of the Senate, and shall serve for a term 10 of 2 years beginning on the third Monday in January of the 11 odd-numbered year, and until ahissuccessor is appointed and 12 has qualified; except that the term of the first Director 13 appointed under this Act shall expire on the third Monday in 14 January, 1989. The Director shall not hold any other 15 remunerative public office. The Director shall receive an 16 annual salary as set by the Governor from time to time or the 17 amount set by the Compensation Review Board, whichever is 18 higher. If set by the Governor, the Director's annual salary 19 may not exceed 85% of the Governor's annual salary. 20 (b) The Illinois Emergency Management Agency shall 21 obtain, under the provisions of the Personnel Code, 22 technical, clerical, stenographic and other administrative 23 personnel, and may make expenditures within the appropriation 24 therefor as may be necessary to carry out the purpose of this 25 Act. The agency created by this Act is intended to be a 26 successor to the agency created under the Illinois Emergency 27 Services and Disaster Agency Act of 1975 and the personnel, 28 equipment, records, and appropriations of that agency are 29 transferred to the successor agency as of the effective date 30 of this Act. 31 (c) The Director, subject to the direction and control 32 of the Governor, shall be the executive head of the Illinois 33 Emergency Management Agency and the State Emergency Response SB860 Engrossed -6- LRB9205116JMdvA 1 Commission and shall be responsible under the direction of 2 the Governor, for carrying out the program for emergency 3 management of this State. The DirectorHeshall also 4 maintain liaison and cooperate with the emergency management 5 organizations of this State and other states and of the 6 federal government. 7 (d) The Illinois Emergency Management Agency shall take 8 an integral part in the development and revision of political 9 subdivision emergency operations plans prepared under 10 paragraph (f) of Section 10. To this end it shall employ or 11 otherwise secure the services of professional and technical 12 personnel capable of providing expert assistance to the 13 emergency services and disaster agencies. These personnel 14 shall consult with emergency services and disaster agencies 15 on a regular basis and shall make field examinations of the 16 areas, circumstances, and conditions that particular 17 political subdivision emergency operations plans are intended 18 to apply, and may recommend revisions under State rules. 19 (e) The Illinois Emergency Management Agency and 20 political subdivisions shall be encouraged to form an 21 emergency management advisory committee composed of private 22 and public personnel representing the emergency management 23 phases of mitigation, preparedness, response, and recovery. 24 The Local Emergency Planning Committee, as created under the 25 Illinois Emergency Planning and Community Right to Know Act, 26 shall serve as an advisory committee to the emergency 27 services and disaster agency or agencies serving within the 28 boundaries of that Local Emergency Planning Committee 29 planning district for: 30 (1) the development of emergency operations plan 31 provisions for hazardous chemical emergencies; and 32 (2) the assessment of emergency response 33 capabilities related to hazardous chemical emergencies. 34 (f) The Illinois Emergency Management Agency shall: SB860 Engrossed -7- LRB9205116JMdvA 1 (1) Coordinate the overall emergency management 2 program of the State. 3 (2) Cooperate with local governments, the federal 4 government and any public or private agency or entity in 5 achieving any purpose of this Act and in implementing 6 emergency management programs for mitigation, 7 preparedness, response, and recovery. 8 (2.5) Cooperate with the Department of Nuclear 9 Safety in development of the comprehensive emergency 10 preparedness and response plan for any nuclear accident 11 in accordance with Section 2005-65 of the Department of 12 Nuclear Safety Law of the Civil Administrative Code of 13 Illinois and in development of the Illinois Nuclear 14 Safety Preparedness program in accordance with Section 8 15 of the Illinois Nuclear Safety Preparedness Act. 16 (3) Prepare, for issuance by the Governor, 17 executive orders, proclamations, and regulations as 18 necessary or appropriate in coping with disasters. 19 (4) Promulgate rules and requirements for political 20 subdivision emergency operations plans that are not 21 inconsistent with and are at least as stringent as 22 applicable federal laws and regulations, in accordance23with federal guidelines. 24 (5) Review and approve, in accordance with Illinois 25 Emergency Management Agency rules,political subdivision26 emergency operations plans for those political 27 subdivisions required to have an emergency services and 28 disaster agency pursuant to this Actand recommend29revisions under State rules. 30 (5.5) Promulgate rules and requirements for the 31 political subdivision emergency management exercises, 32 including, but not limited to, exercises of the emergency 33 operations plans. 34 (5.10) Review, evaluate, and approve, in accordance SB860 Engrossed -8- LRB9205116JMdvA 1 with Illinois Emergency Management Agency rules, 2 political subdivision emergency management exercises for 3 those political subdivisions required to have an 4 emergency services and disaster agency pursuant to this 5 Act. 6 (6) Determine requirements of the State and its 7 political subdivisions for food, clothing, and other 8 necessities in event of a disaster. 9 (7) Establish a register of persons with types of 10 emergency management training and skills in mitigation, 11 preparedness, response, and recovery. 12 (8) Establish a register of government and private 13 response resources available for use in a disaster. 14 (9) Expand the Earthquake Awareness Program and its 15 efforts to distribute earthquake preparedness materials 16 to schools, political subdivisions, community groups, 17 civic organizations, and the media. Emphasis will be 18 placed on those areas of the State most at risk from an 19 earthquake. Maintain the list of all school districts, 20 hospitals, airports, power plants, including nuclear 21 power plants, lakes, dams, emergency response facilities 22 of all types, and all other major public or private 23 structures which are at the greatest risk of damage from 24 earthquakes under circumstances where the damage would 25 cause subsequent harm to the surrounding communities and 26 residents. 27 (10) Disseminate all information, completely and 28 without delay, on water levels for rivers and streams and 29 any other data pertaining to potential flooding supplied 30 by the Division of Water Resources within the Department 31 of Natural Resources to all political subdivisions to the 32 maximum extent possible. 33 (11) Develop agreements, if feasible, with medical 34 supply and equipment firms to supply resources as are SB860 Engrossed -9- LRB9205116JMdvA 1 necessary to respond to an earthquake or any other 2 disaster as defined in this Act. These resources will be 3 made available upon notifying the vendor of the disaster. 4 Payment for the resources will be in accordance with 5 Section 7 of this Act. The Illinois Department of Public 6 Health shall determine which resources will be required 7 and requested. 8 (12) Do all other things necessary, incidental or 9 appropriate for the implementation of this Act. 10 (Source: P.A. 91-25, eff. 6-9-99.) 11 (20 ILCS 3305/6) (from Ch. 127, par. 1056) 12 Sec. 6. Emergency Management Powers of the Governor. 13 (a) The Governor shall have general direction and 14 control of the Illinois Emergency Management Agency and shall 15 be responsible for the carrying out of the provisions of this 16 Act. 17 (b) In performinghisduties under this Act, the 18 Governor is authorized to cooperate with the federal 19 government and with other states in all matters pertaining to 20 emergency management. 21 (c) In performinghisduties under this Act, the 22 Governor is further authorized: 23 (1) To make, amend, and rescind all lawful 24 necessary orders, rules, and regulations to carry out the 25 provisions of this Act within the limits of the authority 26 conferred upon the Governorhim. 27 (2) To cause to be prepared a comprehensive plan 28 and program for the emergency management of this State, 29 which plan and program shall be integrated into and 30 coordinated with emergency management plans and programs 31 of the federal government and of other states whenever 32 possible and which plan and program may include: 33 a. Mitigation of injury and damage caused by SB860 Engrossed -10- LRB9205116JMdvA 1 disaster. 2 b. Prompt and effective response to disaster. 3 c. Emergency relief. 4 d. Identification of areas particularly 5 vulnerable to disasters. 6 e. Recommendations for zoning, building, and 7 other land-use controls, safety measures for 8 securing permanent structures and other mitigation 9 measures designed to eliminate or reduce disasters 10 or their impact. 11 f. Assistance to political subdivisions in 12 designing emergency operations plans. 13 g. Authorization and procedures for the 14 erection or other construction of temporary works 15 designed to mitigate danger, damage or loss from 16 flood, or other disaster. 17 h. Preparation and distribution to the 18 appropriate State and political subdivision 19 officials of a State catalog of federal, State, and 20 private assistance programs. 21 i. Organization of State personnel and chains 22 of command. 23 j. Coordination of federal, State, and 24 political subdivision emergency management 25 activities. 26 k. Other necessary matters. 27 (3) In accordance with the plan and program for the 28 emergency management of this State, and out of funds 29 appropriated for these purposes, to procure and 30 preposition supplies, medicines, materials and equipment, 31 to institute training programs and public information 32 programs, and to take all other preparatory steps 33 including the partial or full mobilization of emergency 34 services and disaster agencies in advance of actual SB860 Engrossed -11- LRB9205116JMdvA 1 disaster to insure the furnishing of adequately trained 2 and equipped forces for disaster response and recovery. 3 (4) Out of funds appropriated for these purposes, 4 to make studies and surveys of the industries, resources, 5 and facilities in this State as may be necessary to 6 ascertain the capabilities of the State for emergency 7 management phases of mitigation, preparedness, response, 8 and recovery and to plan for the most efficient emergency 9 use thereof. 10 (5) On behalf of this State, to negotiate for and 11 submit to the General Assembly for its approval or 12 rejection reciprocal mutual aid agreements or compacts 13 with other states, either on a statewide or political 14 subdivision basis. The agreements or compacts, shall be 15 limited to the furnishing or exchange of food, clothing, 16 medical or other supplies, engineering and police 17 services; emergency housing and feeding; National and 18 State Guards while under the control of the State; 19 health, medical, and related services; fire fighting, 20 rescue, transportation, communication, and construction 21 services and equipment, provided, however, that if the 22 General Assembly be not in session and the Governor has 23 not proclaimed the existence of a disaster under this 24 Section, then the agreements or compacts shall instead be 25 submitted to an Interim Committee on Emergency Management 26 composed of 5 Senators appointed by the President of the 27 Senate and of 5 Representatives appointed by the Speaker 28 of the House, during the month of June of each 29 odd-numberedodd numberedyear to serve for a 2 year 30 term, beginning July 1 of that year, and until their 31 successors are appointed and qualified, or until 32 termination of their legislative service, whichever first 33 occurs. Vacancies shall be filled by appointment for the 34 unexpired term in the same manner as original SB860 Engrossed -12- LRB9205116JMdvA 1 appointments. All appointments shall be made in writing 2 and filed with the Secretary of State as a public 3 record. The Committee shall have the power to approve 4 or reject any agreements or compacts for and on behalf of 5 the General Assembly; and, provided further, that an 6 affirmative vote of 2/3 of the members of the Committee 7 shall be necessary for the approval of any agreement or 8 compact. 9 (Source: P.A. 87-168.) 10 (20 ILCS 3305/7) (from Ch. 127, par. 1057) 11 Sec. 7. Emergency Powers of the Governor. 12 (a) In the event of a disaster, as defined in Section 4, 13 the Governor may, by proclamation declare that a disaster 14 exists. Upon such proclamation, the Governor shall have and 15 may exercise for a period not to exceed 30 days the following 16 emergency powers; provided, however, that the lapse of the 17 emergency powers shall not, as regards any act or acts 18 occurring or committed within the 30 days period, deprive any 19 person, firm, corporation, political subdivision, or body 20 politic of any right or rights to compensation or 21 reimbursement which he, she, it, or they may have under the 22 provisions of this Act: 23 (1) To suspend the provisions of any regulatory 24 statute prescribing procedures for conduct of State 25 business, or the orders, rules and regulations of any 26 State agency, if strict compliance with the provisions of 27 any statute, order, rule, or regulation would in any way 28 prevent, hinder or delay necessary action, including 29 emergency purchases, by the Illinois Emergency Management 30 Agency, in coping with the disaster. 31 (2) To utilize all available resources of the State 32 government as reasonably necessary to cope with the 33 disaster and of each political subdivision of the State. SB860 Engrossed -13- LRB9205116JMdvA 1 (3) To transfer the direction, personnel or 2 functions of State departments and agencies or units 3 thereof for the purpose of performing or facilitating 4 disaster response and recovery programs. 5 (4) On behalf of this State to take possession of, 6 and to acquire full title or a lesser specified interest 7 in, any personal property as may be necessary to 8 accomplish the objectives set forth in Section 2 of this 9 Act, including: airplanes, automobiles, trucks, trailers, 10 buses, and other vehicles; coal, oils, gasoline, and 11 other fuels and means of propulsion; explosives, 12 materials, equipment, and supplies; animals and 13 livestock; feed and seed;cattle, poultry,food,and 14 provisions for humans and animalsman and beast; clothing 15 and bedding; and medicines and medical and surgical 16 supplies; and to take possession of and for a limited 17 period occupy and use any real estate necessary to 18 accomplish those objectives; but only upon the 19 undertaking by the State to pay just compensation 20 therefor as in this Act provided, and then only under the 21 following provisions: 22 a. The Governor, or the person or persons as 23 the Governor may authorize so to do, may forthwith 24 take possession of property for and on behalf of the 25 State; provided, however, that the Governor or 26 persons shall simultaneously with the taking, 27 deliver to the owner or his or her agent, if the 28 identity of the owner or agency is known or readily 29 ascertainable, a signed statement in writing, that 30 shall include the name and address of the owner, the 31 date and place of the taking, description of the 32 property sufficient to identify it, a statement of 33 interest in the property that is being so taken, 34 and, if possible, a statement in writing, signed by SB860 Engrossed -14- LRB9205116JMdvA 1 the owner, setting forth the sum that he or she is 2 willing to accept as just compensation for the 3 property or use. Whether or not the owner or agent 4 is known or readily ascertainable, a true copy of 5 the statement shall promptly be filed by the 6 Governor or the person with the Director, who shall 7 keep the docket of the statements. In cases where 8 the sum that the owner is willing to accept as just 9 compensation is less than $1,000, copies of the 10 statements shall also be filed by the Director with, 11 and shall be passed upon by an Emergency Management 12 Claims Commission, consisting of 3 disinterested 13 citizens who shall be appointed by the Governor, by 14 and with the advice and consent of the Senate, 15 within 20 days after the Governor's declaration of a 16 disaster, and if the sum fixed by them as just 17 compensation be less than $1,000 and is accepted in 18 writing by the owner, then the State Treasurer out 19 of funds appropriated for these purposes, shall, 20 upon certification thereof by the Emergency 21 Management Claims Commission, cause the sum so 22 certified forthwith to be paid to the owner. The 23 Emergency Management Claims Commission is hereby 24 given the power to issue appropriate subpoenas and 25 to administer oaths to witnesses and shall keep 26 appropriate minutes and other records of its actions 27 upon and the disposition made of all claims. 28 b. When the compensation to be paid for the 29 taking or use of property or interest therein is not 30 or cannot be determined and paid under item (a) 31 above, a petition in the name of The People of the 32 State of Illinois shall be promptly filed by the 33 Director, which filing may be enforced by mandamus, 34 in the circuit court of the county where the SB860 Engrossed -15- LRB9205116JMdvA 1 property or any part thereof was located when 2 initially taken or used under the provisions of this 3 Act praying that the amount of compensation to be 4 paid to the person or persons interested therein be 5 fixed and determined. The petition shall include a 6 description of the property that has been taken, 7 shall state the physical condition of the property 8 when taken, shall name as defendants all interested 9 parties, shall set forth the sum of money estimated 10 to be just compensation for the property or interest 11 therein taken or used, and shall be signed by the 12 Director. The litigation shall be handled by the 13 Attorney General for and on behalf of the State. 14 c. Just compensation for the taking or use of 15 property or interest therein shall be promptly 16 ascertained in proceedings and established by 17 judgment against the State, that shall include, as 18 part of the just compensation so awarded, interest 19 at the rate of 6% per annum on the fair market value 20 of the property or interest therein from the date of 21 the taking or use to the date of the judgment; and 22 the court may order the payment of delinquent taxes 23 and special assessments out of the amount so awarded 24 as just compensation and may make any other orders 25 with respect to encumbrances, rents, insurance, and 26 other charges, if any, as shall be just and 27 equitable. 28 (5) When required by the exigencies of the 29 disaster, to sell, lend, rent, give, or distribute all or 30 any part of property so or otherwise acquired to the 31 inhabitants of this State, or to political subdivisions 32 of this State, or, under the interstate mutual aid 33 agreements or compacts as are entered into under the 34 provisions of subparagraph (5) of paragraph (c) of SB860 Engrossed -16- LRB9205116JMdvA 1 Section 6 to other states, and to account for and 2 transmit to the State Treasurer all funds, if any, 3 received therefor. 4 (6) To recommend the evacuation of all or part of 5 the population from any stricken or threatened area 6 within the State if the Governorhedeems this action 7 necessary. 8 (7) To prescribe routes, modes of transportation, 9 and destinations in connection with evacuation. 10 (8) To control ingress and egress to and from a 11 disaster area, the movement of persons within the area, 12 and the occupancy of premises therein. 13 (9) To suspend or limit the sale, dispensing, or 14 transportation of alcoholic beverages, firearms, 15 explosives, and combustibles. 16 (10) To make provision for the availability and use 17 of temporary emergency housing. 18 (11) A proclamation of a disaster shall activate 19 the State Emergency Operations Plan, and political 20 subdivision emergency operations plans applicable to the 21 political subdivision or area in question and be 22 authority for the deployment and use of any forces that 23 the plan or plans apply and for use or distribution of 24 any supplies, equipment, and materials and facilities 25 assembled, stockpiled or arranged to be made available 26 under this Act or any other provision of law relating to 27 disasters. 28 (12) Control, restrict, and regulate by rationing, 29 freezing, use of quotas, prohibitions on shipments, price 30 fixing, allocation or other means, the use, sale or 31 distribution of food, feed, fuel, clothing and other 32 commodities, materials, goods, or services; and perform 33 and exercise any other functions, powers, and duties as 34 may be necessary to promote and secure the safety and SB860 Engrossed -17- LRB9205116JMdvA 1 protection of the civilian population. 2 (13) During the continuance of any disaster the 3 Governor is commander-in-chief of the organized and 4 unorganized militia and of all other forces available for 5 emergency duty. To the greatest extent practicable, the 6 Governor shall delegate or assign command authority to do 7 so by orders issued at the time of the disaster. 8 (14) Prohibit increases in the prices of goods and 9 services during a disaster. 10 (Source: P.A. 87-168.) 11 (20 ILCS 3305/8) (from Ch. 127, par. 1058) 12 Sec. 8. Mobile Support Teams. 13 (a) The Governor or Director may cause to be created 14 Mobile Support Teams to aid and to reinforce the Illinois 15 Emergency Management Agency, and emergency services and 16 disaster agencies in areas stricken by disaster. Each mobile 17 support team shall have a leader, selected by the Director 18 who will be responsible, under the direction and control of 19 the Director, for the organization, administration, and 20 training, and operation of the mobile support team. 21 (b) Personnel of a mobile support team while on duty 22 pursuant to such a call or while engaged in regularly 23 scheduled training or exercises, whether within or without 24 the State, shall either: 25 (1) If they are paid employees of the State, have 26 the powers, duties, rights, privileges and immunities and 27 receive the compensation incidental to their employment. 28 (2) If they are paid employees of a political 29 subdivision or body politic of this State, and whether 30 serving within or without that political subdivision or 31 body politic, have the powers, duties, rights, privileges 32 and immunities, and receive the compensation incidental 33 to their employment. SB860 Engrossed -18- LRB9205116JMdvA 1 (3) If they are not employees of the State, 2 political subdivision or body politic, or being such 3 employees, are not normally paid for their services, be 4 entitled to at least one dollar per year compensation 5 from the State. 6 Personnel of a mobile support team who suffer disease, 7 injury or death arising out of or in the course of emergency 8 duty, shall for the purposes of benefits under the Workers' 9 Compensation Act or Workers' Occupational Diseases Act only, 10 be deemed to be employees of this State. If the person 11 diseased, injured or killed is an employee described in item 12 (3) above, the computation of benefits payable under either 13 of those Acts shall be based on income commensurate with 14 comparable State employees doing the same type of work or 15 income from the person's regular employment, whichever is 16 greater. 17 All personnel of mobile support teams shall, while on 18 duty under such call, be reimbursed by this State for all 19 actual and necessary travel and subsistence expenses. 20 (c) The State shall reimburse each political subdivision 21 or body politic from the Disaster Relief Fund for the 22 compensation paid and the actual and necessary travel, 23 subsistence and maintenance expenses of paid employees of the 24 political subdivision or body politic while serving, outside 25 of its geographical boundaries pursuant to such a call, as 26 members of a mobile support team, and for all payments made 27 for death, disease or injury of those paid employees arising 28 out of and incurred in the course of that duty, and for all 29 losses of or damage to supplies and equipment of the 30 political subdivision or body politic resulting from the 31 operations. 32 (d) Whenever mobile support teams or units of another 33 state, while the Governor has the emergency powers provided 34 for under Section 7 of this Act, render aid to this State SB860 Engrossed -19- LRB9205116JMdvA 1 under the orders of the Governor of its home state and upon 2 the request of the Governor of this State, all questions 3 relating to reimbursement by this State to the other state 4 and its citizens in regard to the assistance so rendered 5 shall be determined by the mutual aid agreements or 6 interstate compacts described in subparagraph (5) of 7 paragraph (c) of Section 6 as are existing at the time of the 8 assistance rendered or are entered into thereafter and under 9 Section 303 (d) of the Federal Civil Defense Act of 1950. 10 (e) No personnel of mobile support teams of this State 11 may be ordered by the Governor to operate in any other state 12 unless a request for the same has been made by the Governor 13 or duly authorized representative of the other state. 14 (Source: P.A. 87-168.) 15 (20 ILCS 3305/9) (from Ch. 127, par. 1059) 16 Sec. 9. Financing. 17 (a) It is the intent of the Legislature and declared to 18 be the policy of the State that funds to meet disasters shall 19 always be available. 20 (b) It is the legislative intent that the first recourse 21 shall be to funds regularly appropriated to State and 22 political subdivision departments and agencies. If the 23 Governor finds that the demands placed upon these funds in 24 coping with a particular disaster are unreasonably great, the 25 Governorhemay make funds available from the Disaster Relief 26 Fund. If monies available from the Fund are insufficient, and 27 if the Governor finds that other sources of money to cope 28 with the disaster are not available or are insufficient, the 29 Governor shall request the General Assembly to enact 30 legislation as it may deem necessary to transfer and expend 31 monies appropriated for other purposes or borrow, for a term 32 not to exceed 2 years from the United States government or 33 other public or private source. If the General Assembly is SB860 Engrossed -20- LRB9205116JMdvA 1 not sitting in regular session to enact such legislation for 2 the transfer, expenditure or loan of such monies, and the 3 President of the Senate and the Speaker of the House certify 4 that the Senate and House are not in session, the Governor is 5 authorized to carry out those decisions until such time as a 6 quorum of the General Assembly can convene in a regular or 7 extraordinary session. 8 (c) Nothing contained in this Section shall be construed 9 to limit the Governor's authority to apply for, administer 10 and expend grants, gifts or payments in aid of disaster 11 mitigation, preparedness, response or recovery. 12 (Source: P.A. 85-1027.) 13 (20 ILCS 3305/10) (from Ch. 127, par. 1060) 14 Sec. 10. Emergency Services and Disaster Agencies. 15 (a) Each political subdivision within this State shall 16 be within the jurisdiction of and served by the Illinois 17 Emergency Management Agency and by an emergency services and 18 disaster agency responsible for emergency management 19 programs. A township, if the township is in a county having 20 a population of more than 2,000,000, must have approval of 21 the county coordinator before establishment of a township 22 emergency services and disaster agency. 23 (b) Unless multiple county emergency services and 24 disaster agency consolidation is authorized by the Illinois 25 Emergency Management Agency with the consent of the 26 respective counties, each county shall maintain an emergency 27 services and disaster agency that has jurisdiction over and 28 serves the entire county, except as otherwise provided under 29 this Act and except that in any county with a population of 30 over 3,000,000 containing a municipality with a population of 31 over 500,000 the jurisdiction of the county agency shall not 32 extend to the municipality when the municipality has 33 established its own agency. SB860 Engrossed -21- LRB9205116JMdvA 1 (c) Each municipality with a population of over 500,000 2 shall maintain an emergency services and disaster agency 3 which has jurisdiction over and serves the entire 4 municipality. A municipality with a population less than 5 500,000 may establish, by ordinance, an agency or department 6 responsible for emergency management within the 7 municipality's corporate limits. 8 (d) The Governor shall determine which municipal 9 corporations, other than those specified in paragraph (c) of 10 this Section, need emergency services and disaster agencies 11 of their own and require that they be established and 12 maintained. The GovernorHeshall make thesehis13 determinations on the basis of the municipality's disaster 14 vulnerability and capability of response related to 15 population size and concentration. The emergency services 16 and disaster agency of a county or township, shall not have a 17 jurisdiction within a political subdivision having its own 18 emergency services and disaster agency, but shall cooperate 19 with the emergency services and disaster agency of a city, 20 village or incorporated town within their borders. The 21 Illinois Emergency Management Agency shall publish and 22 furnish a current list to the municipalities required to have 23 an emergency services and disaster agency under this 24 subsection. 25 (e) Each municipality that is not required to and does 26 not have an emergency services and disaster agency shall have 27 a liaison officer designated to facilitate the cooperation 28 and protection of that municipal corporation with the county 29 emergency services and disaster agency in which it is located 30 in the work of disaster mitigation, preparedness, response, 31 and recovery. 32 (f) The principal executive officer or his or her 33 designee of each political subdivision in the State shall 34 annually notify the Illinois Emergency Management Agency of SB860 Engrossed -22- LRB9205116JMdvA 1 the manner in which the political subdivision is providing or 2 securing emergency management, identify the executive head of 3 the agency or the department from which the service is 4 obtained, or the liaison officer in accordance with paragraph 5 (d) of this Section and furnish additional information 6 relating thereto as the Illinois Emergency Management Agency 7 requires. 8 (g) Each emergency services and disaster agency shall 9 prepareand submit to the Illinois Emergency Management10Agency for review and approvalan emergency operations plan 11 for its geographic boundaries that complies with planning, 12 review, and approval standards promulgatedstandards13developedby the Illinois Emergency Management Agency. The 14 Illinois Emergency Management Agency shall determine which 15 jurisdictions will be required to include earthquake 16 preparedness in their local emergency operations plans. 17 (h) The emergency services and disaster agency shall 18 prepare and distribute to all appropriate officials in 19 written form a clear and complete statement of the emergency 20 responsibilities of all local departments and officials and 21 of the disaster chain of command. 22 (i) Each emergency services and disaster agency shall 23 have a Coordinator who shall be appointed by the principal 24 executive officer of the political subdivision in the same 25 manner as are the heads of regular governmental departments. 26 If the political subdivision is a county and the principal 27 executive officer appoints the sheriff as the Coordinator, 28 the sheriff may, in addition to his or her regular 29 compensation, receive compensation at the same level as 30 provided in Section 3 of "An Act in relation to the 31 regulation of motor vehicle traffic and the promotion of 32 safety on public highways in counties", approved August 9, 33 1951, as amended. The Coordinator shall have direct 34 responsibility for the organization, administration, SB860 Engrossed -23- LRB9205116JMdvA 1 training, and operation of the emergency services and 2 disaster agency, subject to the direction and control of that 3 principal executive officer. Each emergency services and 4 disaster agency shall coordinate and may perform emergency 5 management functions within the territorial limits of the 6 political subdivision within which it is organized as are 7 prescribed in and by the State Emergency Operations Plan, and 8 programs, orders, rules and regulations as may be 9 promulgated by the Illinois Emergency Management Agency and 10 by local ordinance and, in addition, shall conduct such 11 functions outside of those territorial limits as may be 12 required under mutual aid agreements and compacts as are 13 entered into under subparagraph (5) of paragraph (c) of 14 Section 6. 15 (j) In carrying out the provisions of this Act, each 16 political subdivision may enter into contracts and incur 17 obligations necessary to place it in a position effectively 18 to combat the disasters as are described in Section 4, to 19 protect the health and safety of persons, to protect 20 property, and to provide emergency assistance to victims of 21 those disasters. If a disaster occurs, each political 22 subdivision may exercise the powers vested under this Section 23 in the light of the exigencies of the disaster and, excepting 24 mandatory constitutional requirements, without regard to the 25 procedures and formalities normally prescribed by law 26 pertaining to the performance of public work, entering into 27 contracts, the incurring of obligations, the employment of 28 temporary workers, the rental of equipment, the purchase of 29 supplies and materials, and the appropriation, expenditure, 30 and disposition of public funds and property. 31 (k) VolunteersEmergency services and disaster agency32personnelwho, while engaged in a disaster, anor disaster33trainingexercise, training related to the emergency 34 operations plan of the political subdivision, or a SB860 Engrossed -24- LRB9205116JMdvA 1 search-and-rescue team response to an occurrence or threat of 2 injury or loss of life that is beyond local response 3 capabilities, suffer disease, injury or death, shall, for the 4 purposes of benefits under the Workers' Compensation Act or 5 Workers' Occupational Diseases Act only, be deemed to be 6 employees of the State, if: (1) the claimant is a duly 7 qualified and enrolled (sworn in) as a volunteer of the 8 Illinois Emergency Management Agency or an emergency services 9 and disaster agency accredited by the Illinois Emergency 10 Management Agency, and (2) if: (i) the claimant was 11 participating in aan actualdisaster as defined inparagraph12(e) ofSection 4 of this Act, (ii)orthe exercise or 13 training participated in was specifically and expressly 14 approved by the Illinois Emergency Management Agency prior to 15 the exercise or training, or (iii) the search-and-rescue team 16 response was to an occurrence or threat of injury or loss of 17 life that was beyond local response capabilities and was 18 specifically and expressly approved by the Illinois Emergency 19 Management Agency prior to the search-and-rescue team 20 response.Illinois Emergency Management Agency shall use the21same criteria for approving an exercise and utilizing State22volunteers as required for any political subdivision.The 23 computation of benefits payable under either of those Acts 24 shall be based on the income commensurate with comparable 25 State employees doing the same type work or income from the 26 person's regular employment, whichever is greater. 27 (l) If any person who is entitled to receive benefits 28 through the application of this Section receives, in 29 connection with the disease, injury or death giving rise to 30 such entitlement, benefits under an Act of Congress or 31 federal program, benefits payable under this Section shall be 32 reduced to the extent of the benefits received under that 33 other Act or program. 34 (m) (1) Prior to conducting ana disaster trainingSB860 Engrossed -25- LRB9205116JMdvA 1 exercise, the principal executive officer of a political 2 subdivision or his or her designee shall provide area 3 media with written notification of thedisaster training4 exercise. The notification shall indicate that 5 information relating to thedisaster trainingexercise 6 shall not be released to the public until the 7 commencement of the exercise. The notification shall also 8 contain a request that the notice be so posted to ensure 9 that all relevant media personnel are advised of the 10disaster trainingexercise before it begins. 11 (2) During the conduct of ana disaster training12 exercise, all messages, two-way radio communications, 13 briefings, status reports, news releases, and other oral 14 or written communications shall begin and end with the 15 following statement: "This is an exercise message". 16 (Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.) 17 (20 ILCS 3305/11) (from Ch. 127, par. 1061) 18 Sec. 11. Local Disaster Declarations. 19 (a) A local disaster may be declared only by the 20 principal executive officer of a political subdivision, or 21 his or her interim emergency successor, as provided in 22 Section 7 of the "Emergency Interim Executive Succession 23 Act". It shall not be continued or renewed for a period in 24 excess of 7 days except by or with the consent of the 25 governing board of the political subdivision. Any order or 26 proclamation declaring, continuing, or terminating a local 27 disaster shall be given prompt and general publicity and 28 shall be filed promptly with the county clerk, township 29 clerk, or the municipal clerk, as the case may be, in the 30 area to which it applies. 31 (b) The effect of a declaration of a local disaster is 32 to activate the emergency operations plan of that political 33 subdivision and to authorize the furnishing of aid and SB860 Engrossed -26- LRB9205116JMdvA 1 assistance thereunder. 2 (Source: P.A. 85-1027.) 3 (20 ILCS 3305/12) (from Ch. 127, par. 1062) 4 Sec. 12. Testing of Disaster Warning Devices. The 5 testing of disaster warning devices including outdoor warning 6 sirens shall be held only on the first Tuesday of each month 7 at 10 o'clock in the morning or duringdisaster training8 exercises that are specifically and expressly approved in 9 advance by the Illinois Emergency Management Agency. 10 (Source: P.A. 87-168.) 11 (20 ILCS 3305/13) (from Ch. 127, par. 1063) 12 Sec. 13. Mutual aid arrangements between political 13 subdivisions and taxing districts. 14 (a) The coordinator of each emergency services and 15 disaster agency may, in collaboration with other public 16 agencies within his or her immediate vicinity, develop or 17 cause to be developed mutual aid arrangements with other 18 political subdivisions of taxing districts within this State 19 for reciprocal disaster response and recovery assistance in 20 case a disaster is too great to be dealt with unassisted. 21 The mutual aid shall not, however, be effective unless and 22 until approved by each of the political subdivisions. The 23 arrangements shall be consistent with the State Emergency 24 Operations Plan and State emergency management program, and 25 in the event of a disaster as described in Section 4 of this 26 Act, it shall be the duty of each emergency services and 27 disaster agency to render assistance in accordance with the 28 provisions of the mutual aid arrangements. 29 (b) The coordinator of an emergency services and 30 disaster agency may, subject to the approval of the Director, 31 assist in the negotiation of mutual aid agreements between 32 this and other states. SB860 Engrossed -27- LRB9205116JMdvA 1 (Source: P.A. 87-168; 88-606, eff. 1-1-95.) 2 (20 ILCS 3305/15) (from Ch. 127, par. 1065) 3 Sec. 15. Immunity. Neither the State, any political 4 subdivision of the State, nor, except in cases of gross 5 negligence or willful misconduct, the Governor, the Director, 6 the Principal Executive Officer of a political subdivision, 7 or the agents, employees, or representatives of any of them, 8 engaged in any emergency management response or recovery 9 activities, while complying with or attempting to comply with 10 this Act or any rule or regulations promulgated pursuant to 11 this Act is liable for the death of or any injury to persons, 12 or damage to property, as a result of such activity. This 13 Section does not, however, apply to political subdivisions 14 and principal executive officers required to maintain 15 emergency services and disaster agencies that are not in 16 compliance with Section 10 of this Act, notwithstanding 17 provisions of any other laws. This Section does not, 18 however, affect the right of any person to receive benefits 19 to which he or she would otherwise be entitled under this Act 20 under the Workers' Compensation Act or the Workers' 21 Occupational Diseases Act, or under any pension law, and this 22 Section does not affect the right of any such person to 23 receive any benefits or compensation under any Act of 24 Congress. 25 (Source: P.A. 85-1027.) 26 (20 ILCS 3305/18) (from Ch. 127, par. 1068) 27 Sec. 18. Orders, Rules and Regulations. 28 (a) The Governor shall file a copy of every rule, 29 regulation or order, and any amendment thereof made by the 30 Governorhimunder the provisions of this Act in the office 31 of the Secretary of State. No rule, regulation or order, or 32 any amendment thereof shall be effective until 10 days after SB860 Engrossed -28- LRB9205116JMdvA 1 the filing, provided, however, that upon the declaration of a 2 disaster by the Governor as is described in Section 7 the 3 provision relating to the effective date of any rule, 4 regulation, order or amendment issued under this Act and 5 during the state of disaster is abrogated, and the rule, 6 regulation, order or amendment shall become effective 7 immediately upon being filed with the Secretary of State 8 accompanied by a certificate stating the reason as required 9 by the Illinois Administrative Procedure Act. 10 (b) Every emergency services and disaster agency 11 established pursuant to this Act and the coordinators thereof 12 shall execute and enforce the orders, rules and regulations 13 as may be made by the Governor under authority of this Act. 14 Each emergency services and disaster agency shall have 15 available for inspection at its office all orders, rules and 16 regulations made by the Governor, or under the Governor's 17 authority. The Illinois Emergency Management Agency shall 18 furnish the orders, rules and regulations to each such 19 emergency services and disaster agency. 20 (Source: P.A. 87-168.) 21 (20 ILCS 3305/20) (from Ch. 127, par. 1070) 22 Sec. 20. Emergency Management Agency; personnel; oath. 23 Each person, whether compensated or noncompensated, who is 24 appointed to serve in any capacity in the Illinois Emergency 25 Management Agency or an emergency services and disaster 26 agency, shall, before entering upon his or her duties, take 27 an oath, in writing, before the Director or before the 28 coordinator of that emergency services and disaster agency or 29 before other persons authorized to administer oaths in this 30 State, which oath shall be filed with the Director or with 31 the coordinator of the emergency services and disaster agency 32 with which he or she shall serve and which oath shall be 33 substantially as follows: SB860 Engrossed -29- LRB9205116JMdvA 1 "I, _______________, do solemnly swear (or affirm) that I 2 will support and defend and bear true faith and allegiance to 3 the Constitution of the United States and the Constitution of 4 the State of Illinois, and the territory, institutions and 5 facilities thereof, both public and private, against all 6 enemies, foreign and domestic; that I take this obligation 7 freely, without any mental reservation or purpose of evasion; 8 and that I will well and faithfully discharge the duties upon 9 which I am about to enter. And I do further swear (or 10 affirm) that I do not advocate, nor am I, nor have I been a 11 member of any political party or organization that advocates 12 the overthrow of the government of the United States or of 13 this State by force or violence; and that during such time as 14 I am affiliated with the (name of political subdivision), I 15 will not advocate nor become a member of any political party 16 or organization that advocates the overthrow of the 17 government of the United States or of this State by force or 18 violence." 19 (Source: P.A. 87-168.) 20 (20 ILCS 3305/21) (from Ch. 127, par. 1071) 21 Sec. 21. No Private Liability. 22 (a) Any person owning or controlling real estate or 23 other premises who voluntarily and without compensation 24 grants a license or privilege, or otherwise permits the 25 designation or use of the whole or any part or parts of such 26 real estate or premises for the purpose of sheltering persons 27 during an actual or impending disaster, or adisaster28trainingexercise together with his or her successors in 29 interest, if any, shall not be civilly liable for negligently 30 causing the death of, or injury to, any person on or about 31 such real estate or premises under such license, privilege or 32 other permission, or for negligently causing loss of, or 33 damage to, the property of such person. SB860 Engrossed -30- LRB9205116JMdvA 1 (b) Any private person, firm or corporation and 2 employees and agents of such person, firm or corporation in 3 the performance of a contract with, and under the direction 4 of, the State, or any political subdivision of the State 5 under the provisions of this Act shall not be civilly liable 6 for causing the death of, or injury to, any person or damage 7 to any property except in the event of willful misconduct. 8 (c) Any private person, firm or corporation, and any 9 employee or agent of such person, firm or corporation, who 10 renders assistance or advice at the request of the State, or 11 any political subdivision of the State under this Act during 12 an actual or impending disaster, shall not be civilly liable 13 for causing the death of, or injury to, any person or damage 14 to any property except in the event of willful misconduct. 15 The immunities provided in this subsection (c) shall not 16 apply to any private person, firm or corporation, or to any 17 employee or agent of such person, firm or corporation whose 18 act or omission caused in whole or in part such actual or 19 impending disaster and who would otherwise be liable 20 therefor. 21 (Source: P.A. 85-1027.) 22 Section 10. The Illinois Emergency Planning and 23 Community Right to Know Act is amended by changing Section 8 24 as follows: 25 (430 ILCS 100/8) (from Ch. 111 1/2, par. 7708) 26 Sec. 8. Local emergency planning committees. 27 (a) The SERC shall appoint and supervise local emergency 28 planning committees in accordance with Section 301 of the 29 Federal Act. 30 (b) Local emergency planning committees shall carry out 31 all responsibilities of a local emergency planning committee 32 as specified in applicable Sections of the Federal Act and SB860 Engrossed -31- LRB9205116JMdvA 1 the Illinois Emergency Management Agency Act. Committees 2 shall consult and coordinate with the SERC and such other 3 local organizations as may be necessary to carry out their 4 assigned responsibilities. 5 (Source: P.A. 86-449.)