093_HB0345enr

 
HB0345 Enrolled                      LRB093 06754 JAM 06889 b

 1        AN ACT concerning child abduction.

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

 4        Section 5.  The Department of State  Police  Law  of  the
 5    Civil  Administrative Code of Illinois is amended by changing
 6    Section 2605-480 as follows:

 7        (20 ILCS 2605/2605-480)
 8        Sec. 2605-480.  Statewide kidnapping alert and prevention
 9    program; Child Safety Coordinator.
10        (a)  The Department  of  State  Police  shall  develop  a
11    coordinated  program  for  a statewide emergency alert system
12    when a child  is  missing  or  kidnapped.  The  system  shall
13    include,  but is not limited to, the use in coordination with
14    the Illinois  Department  of  Transportation,  of  electronic
15    message  signs  on  roads  and  highways in the vicinity of a
16    child abduction to immediately provide  critical  information
17    to the public.
18        (b)  The  Department  of  State Police shall establish an
19    AMBER  Plan  Task   Force   to   monitor   and   review   the
20    implementation  and  operation  of the system developed under
21    subsection (a), including procedures, budgetary requirements,
22    and response protocols. The Task  Force  shall  also  develop
23    additional network resources for use in the system.
24        (c)  The Department of State Police, in coordination with
25    the  Illinois  Emergency Management Agency, shall develop and
26    implement a community outreach program to  promote  awareness
27    among  the  State's  parents  and children of child abduction
28    prevention and response.
29        (d)  The Department of State Police, in coordination with
30    the State Board of Education, shall develop  child  abduction
31    prevention   instruction  for  inclusion  in  elementary  and
 
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 1    secondary  school  curricula  throughout   the   State.   The
 2    Department  and  State Board of Education shall encourage the
 3    inclusion of the child abduction  prevention  instruction  in
 4    private  elementary and secondary school curricula throughout
 5    the State.
 6        (e)  The  Department  shall  appoint   a   Child   Safety
 7    Coordinator to assist in the establishment of State standards
 8    for  child  safety  from kidnap and abduction and to advocate
 9    for the achievement of  those  standards.  The  Child  Safety
10    Coordinator shall have the qualifications and experience that
11    the  Department  shall  require  by  rule.  The  Child Safety
12    Coordinator  shall  receive  no  compensation  but  shall  be
13    reimbursed for his or  her  expenses  from  the  Department's
14    operations  budget. No funds shall be appropriated solely for
15    the expenses of the Child Safety Coordinator. The  Department
16    shall  provide  technical  assistance  for  the  Child Safety
17    Coordinator from its existing resources.
18    (Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01.)

19        Section 10.  The Department of Transportation Law of  the
20    Civil  Administrative  Code  of Illinois is amended by adding
21    Section 2705-505.5 as follows:

22        (20 ILCS 2705/2705-505.5 new)
23        Sec.  2705-505.5.  Child  abduction  message  signs.  The
24    Department  of  Transportation  shall  coordinate  with   the
25    Department  of  State Police in the use of electronic message
26    signs on roads and  highways  in  the  vicinity  of  a  child
27    abduction  to immediately provide critical information to the
28    public.

29        Section 15.  The Illinois Emergency Management Agency Act
30    is amended by changing Section 5 as follows:
 
HB0345 Enrolled             -3-      LRB093 06754 JAM 06889 b
 1        (20 ILCS 3305/5) (from Ch. 127, par. 1055)
 2        Sec. 5.  Illinois Emergency Management Agency.
 3        (a)  There is created within the executive branch of  the
 4    State  Government an Illinois Emergency Management Agency and
 5    a Director  of  the  Illinois  Emergency  Management  Agency,
 6    herein  called  the "Director" who shall be the head thereof.
 7    The Director shall be appointed by  the  Governor,  with  the
 8    advice  and consent of the Senate, and shall serve for a term
 9    of 2 years beginning on the third Monday in  January  of  the
10    odd-numbered year, and until a successor is appointed and has
11    qualified;  except  that  the  term  of  the  first  Director
12    appointed  under this Act shall expire on the third Monday in
13    January,  1989.   The  Director  shall  not  hold  any  other
14    remunerative public office. The  Director  shall  receive  an
15    annual salary as set by the Governor from time to time or the
16    amount  set  by  the  Compensation Review Board, whichever is
17    higher.  If set by the Governor, the Director's annual salary
18    may not exceed 85% of the Governor's annual salary.
19        (b)  The  Illinois  Emergency  Management  Agency   shall
20    obtain,   under   the   provisions  of  the  Personnel  Code,
21    technical, clerical, stenographic  and  other  administrative
22    personnel, and may make expenditures within the appropriation
23    therefor as may be necessary to carry out the purpose of this
24    Act.   The  agency  created  by  this Act is intended to be a
25    successor to the agency created under the Illinois  Emergency
26    Services  and  Disaster Agency Act of 1975 and the personnel,
27    equipment, records, and appropriations  of  that  agency  are
28    transferred  to the successor agency as of the effective date
29    of this Act.
30        (c)  The Director, subject to the direction  and  control
31    of  the Governor, shall be the executive head of the Illinois
32    Emergency Management Agency and the State Emergency  Response
33    Commission  and  shall  be responsible under the direction of
34    the Governor, for carrying  out  the  program  for  emergency
 
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 1    management  of  this State.  The Director shall also maintain
 2    liaison  and  cooperate   with   the   emergency   management
 3    organizations  of  this  State  and  other  states and of the
 4    federal government.
 5        (d)  The Illinois Emergency Management Agency shall  take
 6    an integral part in the development and revision of political
 7    subdivision   emergency   operations   plans  prepared  under
 8    paragraph (f) of Section 10.  To this end it shall employ  or
 9    otherwise  secure  the services of professional and technical
10    personnel capable  of  providing  expert  assistance  to  the
11    emergency  services  and  disaster agencies.  These personnel
12    shall consult with emergency services and  disaster  agencies
13    on  a  regular basis and shall make field examinations of the
14    areas,  circumstances,   and   conditions   that   particular
15    political subdivision emergency operations plans are intended
16    to apply.
17        (e)  The   Illinois    Emergency  Management  Agency  and
18    political  subdivisions  shall  be  encouraged  to  form   an
19    emergency  management  advisory committee composed of private
20    and public personnel representing  the  emergency  management
21    phases  of  mitigation, preparedness, response, and recovery.
22    The Local Emergency Planning Committee, as created under  the
23    Illinois  Emergency Planning and Community Right to Know Act,
24    shall  serve  as  an  advisory  committee  to  the  emergency
25    services and disaster agency or agencies serving  within  the
26    boundaries   of   that  Local  Emergency  Planning  Committee
27    planning district for:
28             (1)  the development of  emergency  operations  plan
29        provisions for hazardous chemical emergencies; and
30             (2)  the    assessment    of    emergency   response
31        capabilities related to hazardous chemical emergencies.
32        (f)  The Illinois Emergency Management Agency shall:
33             (1)  Coordinate  the  overall  emergency  management
34        program of the State.
 
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 1             (2)  Cooperate with local governments,  the  federal
 2        government  and any public or private agency or entity in
 3        achieving any purpose of this  Act  and  in  implementing
 4        emergency    management    programs    for    mitigation,
 5        preparedness, response, and recovery.
 6             (2.5)  Cooperate  with  the  Department  of  Nuclear
 7        Safety  in  development  of  the  comprehensive emergency
 8        preparedness and response plan for any  nuclear  accident
 9        in  accordance  with Section 2005-65 of the Department of
10        Nuclear Safety Law of the Civil  Administrative  Code  of
11        Illinois  and  in  development  of  the  Illinois Nuclear
12        Safety Preparedness program in accordance with Section  8
13        of the Illinois Nuclear Safety Preparedness Act.
14             (3)  Prepare,   for   issuance   by   the  Governor,
15        executive  orders,  proclamations,  and  regulations   as
16        necessary or appropriate in coping with disasters.
17             (4)  Promulgate rules and requirements for political
18        subdivision  emergency  operations  plans  that  are  not
19        inconsistent  with  and  are  at  least  as  stringent as
20        applicable federal laws and regulations.
21             (5)  Review and approve, in accordance with Illinois
22        Emergency Management Agency rules,  emergency  operations
23        plans  for  those political subdivisions required to have
24        an emergency services and  disaster  agency  pursuant  to
25        this Act.
26             (5.5)  Promulgate  rules  and  requirements  for the
27        political  subdivision  emergency  management  exercises,
28        including, but not limited to, exercises of the emergency
29        operations plans.
30             (5.10)  Review, evaluate, and approve, in accordance
31        with  Illinois   Emergency   Management   Agency   rules,
32        political  subdivision emergency management exercises for
33        those  political  subdivisions  required   to   have   an
34        emergency  services  and disaster agency pursuant to this
 
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 1        Act.
 2             (6)  Determine requirements of  the  State  and  its
 3        political  subdivisions  for  food,  clothing,  and other
 4        necessities in event of a disaster.
 5             (7)  Establish a register of persons with  types  of
 6        emergency  management  training and skills in mitigation,
 7        preparedness, response, and recovery.
 8             (8)  Establish a register of government and  private
 9        response resources available for use in a disaster.
10             (9)  Expand the Earthquake Awareness Program and its
11        efforts  to  distribute earthquake preparedness materials
12        to schools,  political  subdivisions,  community  groups,
13        civic  organizations,  and  the  media.  Emphasis will be
14        placed on those areas of the State most at risk  from  an
15        earthquake.   Maintain  the list of all school districts,
16        hospitals,  airports,  power  plants,  including  nuclear
17        power plants, lakes, dams, emergency response  facilities
18        of  all  types,  and  all  other  major public or private
19        structures which are at the greatest risk of damage  from
20        earthquakes  under  circumstances  where the damage would
21        cause subsequent harm to the surrounding communities  and
22        residents.
23             (10)  Disseminate  all  information,  completely and
24        without delay, on water levels for rivers and streams and
25        any other data pertaining to potential flooding  supplied
26        by  the Division of Water Resources within the Department
27        of Natural Resources to all political subdivisions to the
28        maximum extent possible.
29             (11)  Develop agreements, if feasible, with  medical
30        supply  and  equipment  firms  to supply resources as are
31        necessary to  respond  to  an  earthquake  or  any  other
32        disaster as defined in this Act.  These resources will be
33        made available upon notifying the vendor of the disaster.
34        Payment  for  the  resources  will  be in accordance with
 
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 1        Section 7 of this Act.  The Illinois Department of Public
 2        Health shall determine which resources will  be  required
 3        and requested.
 4             (11.5)  In coordination with the Department of State
 5        Police,   develop  and  implement  a  community  outreach
 6        program to promote awareness among  the  State's  parents
 7        and children of child abduction prevention and response.
 8             (12)  Out  of funds appropriated for these purposes,
 9        award  capital  and  non-capital   grants   to   Illinois
10        hospitals  or health care facilities located outside of a
11        city with a population in excess of 1,000,000 to be  used
12        for  purposes  that  include,  but  are  not  limited to,
13        preparing to respond to mass  casualties  and  disasters,
14        maintaining  and  improving patient safety and quality of
15        care,  and  protecting  the  confidentiality  of  patient
16        information.  No single grant for a  capital  expenditure
17        shall exceed $300,000.  No single grant for a non-capital
18        expenditure  shall  exceed  $100,000.    In awarding such
19        grants, preference shall be given to hospitals that serve
20        a significant number of Medicaid recipients, but  do  not
21        qualify  for  disproportionate  share hospital adjustment
22        payments under the Illinois Public Aid Code.  To  receive
23        such  a  grant,  a  hospital or health care facility must
24        provide funding of at  least  50%  of  the  cost  of  the
25        project  for  which  the  grant  is  being requested.  In
26        awarding such grants the  Illinois  Emergency  Management
27        Agency shall consider the recommendations of the Illinois
28        Hospital Association.
29             (13)  Do  all  other things necessary, incidental or
30        appropriate for the implementation of this Act.
31    (Source: P.A. 91-25, eff. 6-9-99; 92-73, eff. 1-1-02; 92-597,
32    eff. 6-28-02.)

33        Section 20.  The Illinois Police Training Act is  amended
 
HB0345 Enrolled             -8-      LRB093 06754 JAM 06889 b
 1    by adding Section 10.10 as follows:

 2        (50 ILCS 705/10.10 new)
 3        Sec.  10.10.  Training  in  child abduction alert system.
 4    The  Board  shall  conduct  a  training   program   for   law
 5    enforcement  personnel  of local governmental agencies in the
 6    statewide coordinated child abduction alert system  developed
 7    under  Section 2605-480 of the Department of State Police Law
 8    of the Civil Administrative Code of Illinois.

 9        Section 25.  The School Code is amended by adding Section
10    2-3.140 as follows:

11        (105 ILCS 5/2-3.140 new)
12        Sec. 2-3.140.  Child  abduction  prevention  instruction.
13    The  State  Board  of  Education,  in  coordination  with the
14    Department of State Police,  shall  develop  child  abduction
15    prevention   instruction  for  inclusion  in  elementary  and
16    secondary school curricula throughout the  State.  The  State
17    Board  of  Education and the Department of State Police shall
18    encourage the inclusion of  the  child  abduction  prevention
19    instruction   in  private  elementary  and  secondary  school
20    curricula throughout the State.

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