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Public Act 92-0073
SB860 Enrolled LRB9205116JMdvA
AN ACT concerning the Illinois Emergency Management
Agency.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Emergency Management Agency Act
is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 15, 18, 20, and 21 as follows:
(20 ILCS 3305/3) (from Ch. 127, par. 1053)
Sec. 3. Limitations. Nothing in this Act shall be
construed to:
(a) Interfere with the course or conduct of a labor
dispute, except that actions otherwise authorized by this Act
or other laws may be taken when necessary to mitigate
imminent or existing danger to public health or safety;
(b) Interfere with dissemination of news or comment of
public affairs; but any communications facility or
organization (including but not limited to radio and
television stations, wire services, and newspapers) may be
requested to transmit or print public service messages
furnishing information or instructions in connection with a
disaster;
(c) Affect the jurisdiction or responsibilities of
police forces, fire fighting forces, units of the armed
forces of the United States, or of any personnel thereof,
when on active duty; but State and political subdivision
emergency operations plans shall place reliance upon the
forces available for performance of functions related to
emergency management;
(d) Limit, modify, or abridge the authority of the
Governor to proclaim martial law or exercise any other powers
vested in the Governor him under the constitution, statutes,
or common law of this State, independent of or in conjunction
with any provisions of this Act; limit any home rule unit; or
prohibit any contract or association pursuant to Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 85-1027.)
(20 ILCS 3305/4) (from Ch. 127, par. 1054)
Sec. 4. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the meanings ascribed to them in this Section:
"Coordinator" means the staff assistant to the principal
executive officer of a political subdivision with the duty of
coordinating the emergency management programs of that
political subdivision.
"Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural or technological cause, including but not
limited to fire, flood, earthquake, wind, storm, hazardous
materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air
contamination, blight, extended periods of severe and
inclement weather, drought, infestation, critical shortages
of essential fuels and energy, explosion, riot, or hostile
military or paramilitary action, or acts of domestic
terrorism.
"Disaster Training Exercise" means a planned event
designed specifically to simulate an actual disaster that
will provide emergency operations training for emergency
response personnel. Actual response by emergency services
and disaster agency volunteers to local emergency situations
not qualifying as disasters, as defined in this Section, is
considered a disaster training exercise. Provided, however,
that performance of the usual and customary emergency
functions of a political subdivision (e.g., police, fire or
emergency medical services) is not included within this
definition of a disaster training exercise.
"Emergency Management" means the efforts of the State and
the political subdivisions to develop, plan, analyze,
conduct, provide, implement and maintain programs for
disaster mitigation, preparedness, response and recovery.
"Emergency Management Services and Disaster Agency" means
the agency by this name, by the name Emergency Management
Agency, or by any other name that is established by ordinance
within a political subdivision to coordinate the emergency
management program within that political subdivision and with
private organizations, other political subdivisions, the
State and federal governments.
"Emergency Operations Plan" means the written plan of the
State and political subdivisions describing the organization,
mission, and functions of the government and supporting
services for responding to and recovering from disasters.
"Emergency Services" means the coordination of functions
by the State and its political subdivision, other than
functions for which military forces are primarily
responsible, as may be necessary or proper to prevent,
minimize, repair, and alleviate injury and damage resulting
from any natural or technological causes. These functions
include, without limitation, fire fighting services, police
services, emergency aviation services, medical and health
services, rescue, engineering, warning services,
communications, radiological, chemical and other special
weapons defense, evacuation of persons from stricken or
threatened areas, emergency assigned functions of plant
protection, temporary restoration of public utility services
and other functions related to civilian protection, together
with all other activities necessary or incidental to
protecting life or property.
"Exercise" means a planned event realistically simulating
a disaster, conducted for the purpose of evaluating the
political subdivision's coordinated emergency management
capabilities, including, but not limited to, testing the
emergency operations plan.
"Illinois Emergency Management Agency" means the agency
established by this Act within the executive branch of State
Government responsible for coordination of the overall
emergency management program of the State and with private
organizations, political subdivisions, and the federal
government. Illinois Emergency Management Agency also means
the State Emergency Response Commission responsible for the
implementation of Title III of the Superfund Amendments and
Reauthorization Act of 1986.
"Mobile Support Team" means a group of individuals
designated as a team by the Governor or Director to train
prior to and to be dispatched, if the Governor or the
Director so determines, to aid and reinforce the State and
political subdivision emergency management efforts the
utilization of personnel to be dispatched by the Governor,
or, if he so authorizes the Director, by the Director, to
supplement the State and political subdivisions for
emergency management programs in response to a disaster.
"Municipality" means any city, village, and incorporated
town.
"Political Subdivision" means any county, city, village,
or incorporated town or township if the township is in a
county having a population of more than 2,000,000.
"Principal Executive Officer" means chair chairman of
the county board, supervisor of a township if the township is
in a county having a population of more than 2,000,000, mayor
of a city or incorporated town, president of a village, or in
their absence or disability, the interim successor as
established under Section 7 of the Emergency Interim
Executive Succession Act.
(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
(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 his 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 Governor from time to time or the
amount set by the Compensation Review Board, whichever is
higher. If set by the Governor, the Director's annual salary
may not exceed 85% of the Governor's annual salary.
(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 He 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, and may recommend revisions under State rules.
(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) Cooperate with the Department of Nuclear
Safety in development of the comprehensive emergency
preparedness and response plan for any nuclear accident
in accordance with Section 2005-65 of the Department of
Nuclear Safety Law of the Civil Administrative Code of
Illinois and in development of the Illinois Nuclear
Safety Preparedness program in accordance with Section 8
of the Illinois Nuclear Safety Preparedness Act.
(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, in accordance
with federal guidelines.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, political subdivision
emergency operations plans for those political
subdivisions required to have an emergency services and
disaster agency pursuant to this Act and recommend
revisions under State rules.
(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.
(12) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(Source: P.A. 91-25, eff. 6-9-99.)
(20 ILCS 3305/6) (from Ch. 127, par. 1056)
Sec. 6. Emergency Management Powers of the Governor.
(a) The Governor shall have general direction and
control of the Illinois Emergency Management Agency and shall
be responsible for the carrying out of the provisions of this
Act.
(b) In performing his duties under this Act, the
Governor is authorized to cooperate with the federal
government and with other states in all matters pertaining to
emergency management.
(c) In performing his duties under this Act, the
Governor is further authorized:
(1) To make, amend, and rescind all lawful
necessary orders, rules, and regulations to carry out the
provisions of this Act within the limits of the authority
conferred upon the Governor him.
(2) To cause to be prepared a comprehensive plan
and program for the emergency management of this State,
which plan and program shall be integrated into and
coordinated with emergency management plans and programs
of the federal government and of other states whenever
possible and which plan and program may include:
a. Mitigation of injury and damage caused by
disaster.
b. Prompt and effective response to disaster.
c. Emergency relief.
d. Identification of areas particularly
vulnerable to disasters.
e. Recommendations for zoning, building, and
other land-use controls, safety measures for
securing permanent structures and other mitigation
measures designed to eliminate or reduce disasters
or their impact.
f. Assistance to political subdivisions in
designing emergency operations plans.
g. Authorization and procedures for the
erection or other construction of temporary works
designed to mitigate danger, damage or loss from
flood, or other disaster.
h. Preparation and distribution to the
appropriate State and political subdivision
officials of a State catalog of federal, State, and
private assistance programs.
i. Organization of State personnel and chains
of command.
j. Coordination of federal, State, and
political subdivision emergency management
activities.
k. Other necessary matters.
(3) In accordance with the plan and program for the
emergency management of this State, and out of funds
appropriated for these purposes, to procure and
preposition supplies, medicines, materials and equipment,
to institute training programs and public information
programs, and to take all other preparatory steps
including the partial or full mobilization of emergency
services and disaster agencies in advance of actual
disaster to insure the furnishing of adequately trained
and equipped forces for disaster response and recovery.
(4) Out of funds appropriated for these purposes,
to make studies and surveys of the industries, resources,
and facilities in this State as may be necessary to
ascertain the capabilities of the State for emergency
management phases of mitigation, preparedness, response,
and recovery and to plan for the most efficient emergency
use thereof.
(5) On behalf of this State, to negotiate for and
submit to the General Assembly for its approval or
rejection reciprocal mutual aid agreements or compacts
with other states, either on a statewide or political
subdivision basis. The agreements or compacts, shall be
limited to the furnishing or exchange of food, clothing,
medical or other supplies, engineering and police
services; emergency housing and feeding; National and
State Guards while under the control of the State;
health, medical, and related services; fire fighting,
rescue, transportation, communication, and construction
services and equipment, provided, however, that if the
General Assembly be not in session and the Governor has
not proclaimed the existence of a disaster under this
Section, then the agreements or compacts shall instead be
submitted to an Interim Committee on Emergency Management
composed of 5 Senators appointed by the President of the
Senate and of 5 Representatives appointed by the Speaker
of the House, during the month of June of each
odd-numbered odd numbered year to serve for a 2 year
term, beginning July 1 of that year, and until their
successors are appointed and qualified, or until
termination of their legislative service, whichever first
occurs. Vacancies shall be filled by appointment for the
unexpired term in the same manner as original
appointments. All appointments shall be made in writing
and filed with the Secretary of State as a public
record. The Committee shall have the power to approve
or reject any agreements or compacts for and on behalf of
the General Assembly; and, provided further, that an
affirmative vote of 2/3 of the members of the Committee
shall be necessary for the approval of any agreement or
compact.
(Source: P.A. 87-168.)
(20 ILCS 3305/7) (from Ch. 127, par. 1057)
Sec. 7. Emergency Powers of the Governor.
(a) In the event of a disaster, as defined in Section 4,
the Governor may, by proclamation declare that a disaster
exists. Upon such proclamation, the Governor shall have and
may exercise for a period not to exceed 30 days the following
emergency powers; provided, however, that the lapse of the
emergency powers shall not, as regards any act or acts
occurring or committed within the 30 days period, deprive any
person, firm, corporation, political subdivision, or body
politic of any right or rights to compensation or
reimbursement which he, she, it, or they may have under the
provisions of this Act:
(1) To suspend the provisions of any regulatory
statute prescribing procedures for conduct of State
business, or the orders, rules and regulations of any
State agency, if strict compliance with the provisions of
any statute, order, rule, or regulation would in any way
prevent, hinder or delay necessary action, including
emergency purchases, by the Illinois Emergency Management
Agency, in coping with the disaster.
(2) To utilize all available resources of the State
government as reasonably necessary to cope with the
disaster and of each political subdivision of the State.
(3) To transfer the direction, personnel or
functions of State departments and agencies or units
thereof for the purpose of performing or facilitating
disaster response and recovery programs.
(4) On behalf of this State to take possession of,
and to acquire full title or a lesser specified interest
in, any personal property as may be necessary to
accomplish the objectives set forth in Section 2 of this
Act, including: airplanes, automobiles, trucks, trailers,
buses, and other vehicles; coal, oils, gasoline, and
other fuels and means of propulsion; explosives,
materials, equipment, and supplies; animals and
livestock; feed and seed; cattle, poultry, food, and
provisions for humans and animals man and beast; clothing
and bedding; and medicines and medical and surgical
supplies; and to take possession of and for a limited
period occupy and use any real estate necessary to
accomplish those objectives; but only upon the
undertaking by the State to pay just compensation
therefor as in this Act provided, and then only under the
following provisions:
a. The Governor, or the person or persons as
the Governor may authorize so to do, may forthwith
take possession of property for and on behalf of the
State; provided, however, that the Governor or
persons shall simultaneously with the taking,
deliver to the owner or his or her agent, if the
identity of the owner or agency is known or readily
ascertainable, a signed statement in writing, that
shall include the name and address of the owner, the
date and place of the taking, description of the
property sufficient to identify it, a statement of
interest in the property that is being so taken,
and, if possible, a statement in writing, signed by
the owner, setting forth the sum that he or she is
willing to accept as just compensation for the
property or use. Whether or not the owner or agent
is known or readily ascertainable, a true copy of
the statement shall promptly be filed by the
Governor or the person with the Director, who shall
keep the docket of the statements. In cases where
the sum that the owner is willing to accept as just
compensation is less than $1,000, copies of the
statements shall also be filed by the Director with,
and shall be passed upon by an Emergency Management
Claims Commission, consisting of 3 disinterested
citizens who shall be appointed by the Governor, by
and with the advice and consent of the Senate,
within 20 days after the Governor's declaration of a
disaster, and if the sum fixed by them as just
compensation be less than $1,000 and is accepted in
writing by the owner, then the State Treasurer out
of funds appropriated for these purposes, shall,
upon certification thereof by the Emergency
Management Claims Commission, cause the sum so
certified forthwith to be paid to the owner. The
Emergency Management Claims Commission is hereby
given the power to issue appropriate subpoenas and
to administer oaths to witnesses and shall keep
appropriate minutes and other records of its actions
upon and the disposition made of all claims.
b. When the compensation to be paid for the
taking or use of property or interest therein is not
or cannot be determined and paid under item (a)
above, a petition in the name of The People of the
State of Illinois shall be promptly filed by the
Director, which filing may be enforced by mandamus,
in the circuit court of the county where the
property or any part thereof was located when
initially taken or used under the provisions of this
Act praying that the amount of compensation to be
paid to the person or persons interested therein be
fixed and determined. The petition shall include a
description of the property that has been taken,
shall state the physical condition of the property
when taken, shall name as defendants all interested
parties, shall set forth the sum of money estimated
to be just compensation for the property or interest
therein taken or used, and shall be signed by the
Director. The litigation shall be handled by the
Attorney General for and on behalf of the State.
c. Just compensation for the taking or use of
property or interest therein shall be promptly
ascertained in proceedings and established by
judgment against the State, that shall include, as
part of the just compensation so awarded, interest
at the rate of 6% per annum on the fair market value
of the property or interest therein from the date of
the taking or use to the date of the judgment; and
the court may order the payment of delinquent taxes
and special assessments out of the amount so awarded
as just compensation and may make any other orders
with respect to encumbrances, rents, insurance, and
other charges, if any, as shall be just and
equitable.
(5) When required by the exigencies of the
disaster, to sell, lend, rent, give, or distribute all or
any part of property so or otherwise acquired to the
inhabitants of this State, or to political subdivisions
of this State, or, under the interstate mutual aid
agreements or compacts as are entered into under the
provisions of subparagraph (5) of paragraph (c) of
Section 6 to other states, and to account for and
transmit to the State Treasurer all funds, if any,
received therefor.
(6) To recommend the evacuation of all or part of
the population from any stricken or threatened area
within the State if the Governor he deems this action
necessary.
(7) To prescribe routes, modes of transportation,
and destinations in connection with evacuation.
(8) To control ingress and egress to and from a
disaster area, the movement of persons within the area,
and the occupancy of premises therein.
(9) To suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, firearms,
explosives, and combustibles.
(10) To make provision for the availability and use
of temporary emergency housing.
(11) A proclamation of a disaster shall activate
the State Emergency Operations Plan, and political
subdivision emergency operations plans applicable to the
political subdivision or area in question and be
authority for the deployment and use of any forces that
the plan or plans apply and for use or distribution of
any supplies, equipment, and materials and facilities
assembled, stockpiled or arranged to be made available
under this Act or any other provision of law relating to
disasters.
(12) Control, restrict, and regulate by rationing,
freezing, use of quotas, prohibitions on shipments, price
fixing, allocation or other means, the use, sale or
distribution of food, feed, fuel, clothing and other
commodities, materials, goods, or services; and perform
and exercise any other functions, powers, and duties as
may be necessary to promote and secure the safety and
protection of the civilian population.
(13) During the continuance of any disaster the
Governor is commander-in-chief of the organized and
unorganized militia and of all other forces available for
emergency duty. To the greatest extent practicable, the
Governor shall delegate or assign command authority to do
so by orders issued at the time of the disaster.
(14) Prohibit increases in the prices of goods and
services during a disaster.
(Source: P.A. 87-168.)
(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 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. 87-168.)
(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 he may make funds available from the Disaster 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 until such time as a
quorum of the General Assembly can convene in a regular or
extraordinary session.
(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. 85-1027.)
(20 ILCS 3305/10) (from Ch. 127, par. 1060)
Sec. 10. Emergency Services and Disaster Agencies.
(a) Each political subdivision within this State shall
be within the jurisdiction of and served by the Illinois
Emergency Management Agency and by an emergency services and
disaster agency responsible for emergency management
programs. A township, if the township is in a county having
a population of more than 2,000,000, must have approval of
the county coordinator before establishment of a township
emergency services and disaster agency.
(b) Unless multiple county emergency services and
disaster agency consolidation is authorized by the Illinois
Emergency Management Agency with the consent of the
respective counties, each county shall maintain an emergency
services and disaster agency that has jurisdiction over and
serves the entire county, except as otherwise provided under
this Act and except that in any county with a population of
over 3,000,000 containing a municipality with a population of
over 500,000 the jurisdiction of the county agency shall not
extend to the municipality when the municipality has
established its own agency.
(c) Each municipality with a population of over 500,000
shall maintain an emergency services and disaster agency
which has jurisdiction over and serves the entire
municipality. A municipality with a population less than
500,000 may establish, by ordinance, an agency or department
responsible for emergency management within the
municipality's corporate limits.
(d) The Governor shall determine which municipal
corporations, other than those specified in paragraph (c) of
this Section, need emergency services and disaster agencies
of their own and require that they be established and
maintained. The Governor He shall make these his
determinations on the basis of the municipality's disaster
vulnerability and capability of response related to
population size and concentration. The emergency services
and disaster agency of a county or township, shall not have a
jurisdiction within a political subdivision having its own
emergency services and disaster agency, but shall cooperate
with the emergency services and disaster agency of a city,
village or incorporated town within their borders. The
Illinois Emergency Management Agency shall publish and
furnish a current list to the municipalities required to have
an emergency services and disaster agency under this
subsection.
(e) Each municipality that is not required to and does
not have an emergency services and disaster agency shall have
a liaison officer designated to facilitate the cooperation
and protection of that municipal corporation with the county
emergency services and disaster agency in which it is located
in the work of disaster mitigation, preparedness, response,
and recovery.
(f) The principal executive officer or his or her
designee of each political subdivision in the State shall
annually notify the Illinois Emergency Management Agency of
the manner in which the political subdivision is providing or
securing emergency management, identify the executive head of
the agency or the department from which the service is
obtained, or the liaison officer in accordance with paragraph
(d) of this Section and furnish additional information
relating thereto as the Illinois Emergency Management Agency
requires.
(g) Each emergency services and disaster agency shall
prepare and submit to the Illinois Emergency Management
Agency for review and approval an emergency operations plan
for its geographic boundaries that complies with planning,
review, and approval standards promulgated standards
developed by the Illinois Emergency Management Agency. The
Illinois Emergency Management Agency shall determine which
jurisdictions will be required to include earthquake
preparedness in their local emergency operations plans.
(h) The emergency services and disaster agency shall
prepare and distribute to all appropriate officials in
written form a clear and complete statement of the emergency
responsibilities of all local departments and officials and
of the disaster chain of command.
(i) Each emergency services and disaster agency shall
have a Coordinator who shall be appointed by the principal
executive officer of the political subdivision in the same
manner as are the heads of regular governmental departments.
If the political subdivision is a county and the principal
executive officer appoints the sheriff as the Coordinator,
the sheriff may, in addition to his or her regular
compensation, receive compensation at the same level as
provided in Section 3 of "An Act in relation to the
regulation of motor vehicle traffic and the promotion of
safety on public highways in counties", approved August 9,
1951, as amended. The Coordinator shall have direct
responsibility for the organization, administration,
training, and operation of the emergency services and
disaster agency, subject to the direction and control of that
principal executive officer. Each emergency services and
disaster agency shall coordinate and may perform emergency
management functions within the territorial limits of the
political subdivision within which it is organized as are
prescribed in and by the State Emergency Operations Plan, and
programs, orders, rules and regulations as may be
promulgated by the Illinois Emergency Management Agency and
by local ordinance and, in addition, shall conduct such
functions outside of those territorial limits as may be
required under mutual aid agreements and compacts as are
entered into under subparagraph (5) of paragraph (c) of
Section 6.
(j) In carrying out the provisions of this Act, each
political subdivision may enter into contracts and incur
obligations necessary to place it in a position effectively
to combat the disasters as are described in Section 4, to
protect the health and safety of persons, to protect
property, and to provide emergency assistance to victims of
those disasters. If a disaster occurs, each political
subdivision may exercise the powers vested under this Section
in the light of the exigencies of the disaster and, excepting
mandatory constitutional requirements, without regard to the
procedures and formalities normally prescribed by law
pertaining to the performance of public work, entering into
contracts, the incurring of obligations, the employment of
temporary workers, the rental of equipment, the purchase of
supplies and materials, and the appropriation, expenditure,
and disposition of public funds and property.
(k) Volunteers Emergency services and disaster agency
personnel who, while engaged in a disaster, an or disaster
training exercise, training related to the emergency
operations plan of the political subdivision, or a
search-and-rescue team response to an occurrence or threat of
injury or loss of life that is beyond local response
capabilities, suffer disease, injury or death, shall, for the
purposes of benefits under the Workers' Compensation Act or
Workers' Occupational Diseases Act only, be deemed to be
employees of the State, if: (1) the claimant is a duly
qualified and enrolled (sworn in) as a volunteer of the
Illinois Emergency Management Agency or an emergency services
and disaster agency accredited by the Illinois Emergency
Management Agency, and (2) if: (i) the claimant was
participating in a an actual disaster as defined in paragraph
(e) of Section 4 of this Act, (ii) or the exercise or
training participated in was specifically and expressly
approved by the Illinois Emergency Management Agency prior to
the exercise or training, or (iii) the search-and-rescue team
response was to an occurrence or threat of injury or loss of
life that was beyond local response capabilities and was
specifically and expressly approved by the Illinois Emergency
Management Agency prior to the search-and-rescue team
response. Illinois Emergency Management Agency shall use the
same criteria for approving an exercise and utilizing State
volunteers as required for any political subdivision. The
computation of benefits payable under either of those Acts
shall be based on the income commensurate with comparable
State employees doing the same type work or income from the
person's regular employment, whichever is greater.
(l) If any person who is entitled to receive benefits
through the application of this Section receives, in
connection with the disease, injury or death giving rise to
such entitlement, benefits under an Act of Congress or
federal program, benefits payable under this Section shall be
reduced to the extent of the benefits received under that
other Act or program.
(m) (1) Prior to conducting an a disaster training
exercise, the principal executive officer of a political
subdivision or his or her designee shall provide area
media with written notification of the disaster training
exercise. The notification shall indicate that
information relating to the disaster training exercise
shall not be released to the public until the
commencement of the exercise. The notification shall also
contain a request that the notice be so posted to ensure
that all relevant media personnel are advised of the
disaster training exercise before it begins.
(2) During the conduct of an a disaster training
exercise, all messages, two-way radio communications,
briefings, status reports, news releases, and other oral
or written communications shall begin and end with the
following statement: "This is an exercise message".
(Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.)
(20 ILCS 3305/11) (from Ch. 127, par. 1061)
Sec. 11. Local Disaster Declarations.
(a) A local disaster may be declared only by the
principal executive officer of a political subdivision, or
his or her interim emergency successor, as provided in
Section 7 of the "Emergency Interim Executive Succession
Act". It shall not be continued or renewed for a period in
excess of 7 days except by or with the consent of the
governing board of the political subdivision. Any order or
proclamation declaring, continuing, or terminating a local
disaster shall be given prompt and general publicity and
shall be filed promptly with the county clerk, township
clerk, or the municipal clerk, as the case may be, in the
area to which it applies.
(b) The effect of a declaration of a local disaster is
to activate the emergency operations plan of that political
subdivision and to authorize the furnishing of aid and
assistance thereunder.
(Source: P.A. 85-1027.)
(20 ILCS 3305/12) (from Ch. 127, par. 1062)
Sec. 12. Testing of Disaster Warning Devices. The
testing of disaster warning devices including outdoor warning
sirens shall be held only on the first Tuesday of each month
at 10 o'clock in the morning or during disaster training
exercises that are specifically and expressly approved in
advance by the Illinois Emergency Management Agency.
(Source: P.A. 87-168.)
(20 ILCS 3305/13) (from Ch. 127, par. 1063)
Sec. 13. Mutual aid arrangements between political
subdivisions and taxing districts.
(a) The coordinator of each emergency services and
disaster agency may, in collaboration with other public
agencies within his or her immediate vicinity, develop or
cause to be developed mutual aid arrangements with other
political subdivisions of taxing districts within this State
for reciprocal disaster response and recovery assistance in
case a disaster is too great to be dealt with unassisted.
The mutual aid shall not, however, be effective unless and
until approved by each of the political subdivisions. The
arrangements shall be consistent with the State Emergency
Operations Plan and State emergency management program, and
in the event of a disaster as described in Section 4 of this
Act, it shall be the duty of each emergency services and
disaster agency to render assistance in accordance with the
provisions of the mutual aid arrangements.
(b) The coordinator of an emergency services and
disaster agency may, subject to the approval of the Director,
assist in the negotiation of mutual aid agreements between
this and other states.
(Source: P.A. 87-168; 88-606, eff. 1-1-95.)
(20 ILCS 3305/15) (from Ch. 127, par. 1065)
Sec. 15. Immunity. Neither the State, any political
subdivision of the State, nor, except in cases of gross
negligence or willful misconduct, the Governor, the Director,
the Principal Executive Officer of a political subdivision,
or the agents, employees, or representatives of any of them,
engaged in any emergency management response or recovery
activities, while complying with or attempting to comply with
this Act or any rule or regulations promulgated pursuant to
this Act is liable for the death of or any injury to persons,
or damage to property, as a result of such activity. This
Section does not, however, apply to political subdivisions
and principal executive officers required to maintain
emergency services and disaster agencies that are not in
compliance with Section 10 of this Act, notwithstanding
provisions of any other laws. This Section does not,
however, affect the right of any person to receive benefits
to which he or she would otherwise be entitled under this Act
under the Workers' Compensation Act or the Workers'
Occupational Diseases Act, or under any pension law, and this
Section does not affect the right of any such person to
receive any benefits or compensation under any Act of
Congress.
(Source: P.A. 85-1027.)
(20 ILCS 3305/18) (from Ch. 127, par. 1068)
Sec. 18. Orders, Rules and Regulations.
(a) The Governor shall file a copy of every rule,
regulation or order, and any amendment thereof made by the
Governor him under the provisions of this Act in the office
of the Secretary of State. No rule, regulation or order, or
any amendment thereof shall be effective until 10 days after
the filing, provided, however, that upon the declaration of a
disaster by the Governor as is described in Section 7 the
provision relating to the effective date of any rule,
regulation, order or amendment issued under this Act and
during the state of disaster is abrogated, and the rule,
regulation, order or amendment shall become effective
immediately upon being filed with the Secretary of State
accompanied by a certificate stating the reason as required
by the Illinois Administrative Procedure Act.
(b) Every emergency services and disaster agency
established pursuant to this Act and the coordinators thereof
shall execute and enforce the orders, rules and regulations
as may be made by the Governor under authority of this Act.
Each emergency services and disaster agency shall have
available for inspection at its office all orders, rules and
regulations made by the Governor, or under the Governor's
authority. The Illinois Emergency Management Agency shall
furnish the orders, rules and regulations to each such
emergency services and disaster agency.
(Source: P.A. 87-168.)
(20 ILCS 3305/20) (from Ch. 127, par. 1070)
Sec. 20. Emergency Management Agency; personnel; oath.
Each person, whether compensated or noncompensated, who is
appointed to serve in any capacity in the Illinois Emergency
Management Agency or an emergency services and disaster
agency, shall, before entering upon his or her duties, take
an oath, in writing, before the Director or before the
coordinator of that emergency services and disaster agency or
before other persons authorized to administer oaths in this
State, which oath shall be filed with the Director or with
the coordinator of the emergency services and disaster agency
with which he or she shall serve and which oath shall be
substantially as follows:
"I, _______________, do solemnly swear (or affirm) that I
will support and defend and bear true faith and allegiance to
the Constitution of the United States and the Constitution of
the State of Illinois, and the territory, institutions and
facilities thereof, both public and private, against all
enemies, foreign and domestic; that I take this obligation
freely, without any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties upon
which I am about to enter. And I do further swear (or
affirm) that I do not advocate, nor am I, nor have I been a
member of any political party or organization that advocates
the overthrow of the government of the United States or of
this State by force or violence; and that during such time as
I am affiliated with the (name of political subdivision), I
will not advocate nor become a member of any political party
or organization that advocates the overthrow of the
government of the United States or of this State by force or
violence."
(Source: P.A. 87-168.)
(20 ILCS 3305/21) (from Ch. 127, par. 1071)
Sec. 21. No Private Liability.
(a) Any person owning or controlling real estate or
other premises who voluntarily and without compensation
grants a license or privilege, or otherwise permits the
designation or use of the whole or any part or parts of such
real estate or premises for the purpose of sheltering persons
during an actual or impending disaster, or a disaster
training exercise together with his or her successors in
interest, if any, shall not be civilly liable for negligently
causing the death of, or injury to, any person on or about
such real estate or premises under such license, privilege or
other permission, or for negligently causing loss of, or
damage to, the property of such person.
(b) Any private person, firm or corporation and
employees and agents of such person, firm or corporation in
the performance of a contract with, and under the direction
of, the State, or any political subdivision of the State
under the provisions of this Act shall not be civilly liable
for causing the death of, or injury to, any person or damage
to any property except in the event of willful misconduct.
(c) Any private person, firm or corporation, and any
employee or agent of such person, firm or corporation, who
renders assistance or advice at the request of the State, or
any political subdivision of the State under this Act during
an actual or impending disaster, shall not be civilly liable
for causing the death of, or injury to, any person or damage
to any property except in the event of willful misconduct.
The immunities provided in this subsection (c) shall not
apply to any private person, firm or corporation, or to any
employee or agent of such person, firm or corporation whose
act or omission caused in whole or in part such actual or
impending disaster and who would otherwise be liable
therefor.
(Source: P.A. 85-1027.)
Section 10. The Illinois Emergency Planning and
Community Right to Know Act is amended by changing Section 8
as follows:
(430 ILCS 100/8) (from Ch. 111 1/2, par. 7708)
Sec. 8. Local emergency planning committees.
(a) The SERC shall appoint and supervise local emergency
planning committees in accordance with Section 301 of the
Federal Act.
(b) Local emergency planning committees shall carry out
all responsibilities of a local emergency planning committee
as specified in applicable Sections of the Federal Act and
the Illinois Emergency Management Agency Act. Committees
shall consult and coordinate with the SERC and such other
local organizations as may be necessary to carry out their
assigned responsibilities.
(Source: P.A. 86-449.)
Passed in the General Assembly April 26, 2001.
Approved July 12, 2001.
Effective January 01, 2002.
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