093_HB0006eng HB0006 Engrossed LRB093 02058 MKM 02086 b 1 AN ACT concerning public health emergencies. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Disaster Relief Act is amended by 5 changing Section 1 as follows: 6 (15 ILCS 30/1) (from Ch. 127, par. 293.1) 7 Sec. 1. As used in this Act: 8 "Disaster" means an occurrence or threat of widespread or 9 severe damage, injury or loss of life or property resulting 10 from any natural or technological cause, including but not 11 limited to fire, flood, earthquake, wind, storm, hazardous 12 material spill or other water contamination requiring 13 emergency action to avert danger or damage, epidemic, air 14 contamination, blight, extended periods of severe and 15 inclement weather, drought, infestation, critical shortages 16 of essential fuels and energy, explosion, riot,orhostile 17 military or paramilitary action, public health emergencies, 18 or acts of domestic terrorism. 19 "Disaster area" means the area directly affected by or 20 threatened with a disaster. 21 (Source: P.A. 85-845.) 22 Section 10. The Department of Public Health Powers and 23 Duties Law of the Civil Administrative Code of Illinois is 24 amended by adding Section 2310-50.5 as follows: 25 (20 ILCS 2310/2310-50.5 new) 26 Sec. 2310-50.5. Coordination concerning public health 27 emergencies. To coordinate with the Illinois Emergency 28 Management Agency with respect to planning for and responding 29 to public health emergencies, as defined in Section 4 of the HB0006 Engrossed -2- LRB093 02058 MKM 02086 b 1 Illinois Emergency Management Agency Act. 2 Section 15. The Illinois Emergency Management Agency Act 3 is amended by changing Sections 4, 5 and 9 as follows: 4 (20 ILCS 3305/4) (from Ch. 127, par. 1054) 5 Sec. 4. Definitions. As used in this Act, unless the 6 context clearly indicates otherwise, the following words and 7 terms have the meanings ascribed to them in this Section: 8 "Coordinator" means the staff assistant to the principal 9 executive officer of a political subdivision with the duty of 10 coordinating the emergency management programs of that 11 political subdivision. 12 "Disaster" means an occurrence or threat of widespread or 13 severe damage, injury or loss of life or property resulting 14 from any natural or technological cause, including but not 15 limited to fire, flood, earthquake, wind, storm, hazardous 16 materials spill or other water contamination requiring 17 emergency action to avert danger or damage, epidemic, air 18 contamination, blight, extended periods of severe and 19 inclement weather, drought, infestation, critical shortages 20 of essential fuels and energy, explosion, riot, hostile 21 military or paramilitary action, public health emergencies, 22 or acts of domestic terrorism. 23 "Emergency Management" means the efforts of the State and 24 the political subdivisions to develop, plan, analyze, 25 conduct, provide, implement and maintain programs for 26 disaster mitigation, preparedness, response and recovery. 27 "Emergency Services and Disaster Agency" means the agency 28 by this name, by the name Emergency Management Agency, or by 29 any other name that is established by ordinance within a 30 political subdivision to coordinate the emergency management 31 program within that political subdivision and with private 32 organizations, other political subdivisions, the State and HB0006 Engrossed -3- LRB093 02058 MKM 02086 b 1 federal governments. 2 "Emergency Operations Plan" means the written plan of the 3 State and political subdivisions describing the organization, 4 mission, and functions of the government and supporting 5 services for responding to and recovering from disasters. 6 "Emergency Services" means the coordination of functions 7 by the State and its political subdivision, other than 8 functions for which military forces are primarily 9 responsible, as may be necessary or proper to prevent, 10 minimize, repair, and alleviate injury and damage resulting 11 from any natural or technological causes. These functions 12 include, without limitation, fire fighting services, police 13 services, emergency aviation services, medical and health 14 services, rescue, engineering, warning services, 15 communications, radiological, chemical and other special 16 weapons defense, evacuation of persons from stricken or 17 threatened areas, emergency assigned functions of plant 18 protection, temporary restoration of public utility services 19 and other functions related to civilian protection, together 20 with all other activities necessary or incidental to 21 protecting life or property. 22 "Exercise" means a planned event realistically simulating 23 a disaster, conducted for the purpose of evaluating the 24 political subdivision's coordinated emergency management 25 capabilities, including, but not limited to, testing the 26 emergency operations plan. 27 "Illinois Emergency Management Agency" means the agency 28 established by this Act within the executive branch of State 29 Government responsible for coordination of the overall 30 emergency management program of the State and with private 31 organizations, political subdivisions, and the federal 32 government. Illinois Emergency Management Agency also means 33 the State Emergency Response Commission responsible for the 34 implementation of Title III of the Superfund Amendments and HB0006 Engrossed -4- LRB093 02058 MKM 02086 b 1 Reauthorization Act of 1986. 2 "Mobile Support Team" means a group of individuals 3 designated as a team by the Governor or Director to train 4 prior to and to be dispatched, if the Governor or the 5 Director so determines, to aid and reinforce the State and 6 political subdivision emergency management efforts in 7 response to a disaster. 8 "Municipality" means any city, village, and incorporated 9 town. 10 "Political Subdivision" means any county, city, village, 11 or incorporated town or township if the township is in a 12 county having a population of more than 2,000,000. 13 "Principal Executive Officer" means chair of the county 14 board, supervisor of a township if the township is in a 15 county having a population of more than 2,000,000, mayor of a 16 city or incorporated town, president of a village, or in 17 their absence or disability, the interim successor as 18 established under Section 7 of the Emergency Interim 19 Executive Succession Act. 20 "Public health emergency" means an occurrence or 21 imminent threat of an illness or health condition that: 22 (a) is believed to be caused by any of the 23 following: 24 (i) bioterrorism; 25 (ii) the appearance of a novel or previously 26 controlled or eradicated infectious agent or 27 biological toxin; 28 (iii) a natural disaster; 29 (iv) a chemical attack or accidental release; 30 or 31 (v) a nuclear attack or accident; and 32 (b) poses a high probability of any of the 33 following harms: 34 (i) a large number of deaths in the affected HB0006 Engrossed -5- LRB093 02058 MKM 02086 b 1 population; 2 (ii) a large number of serious or long-term 3 disabilities in the affected population; or 4 (iii) widespread exposure to an infectious or 5 toxic agent that poses a significant risk of 6 substantial future harm to a large number of people 7 in the affected population. 8 (Source: P.A. 92-73, eff. 1-1-02.) 9 (20 ILCS 3305/5) (from Ch. 127, par. 1055) 10 Sec. 5. Illinois Emergency Management Agency. 11 (a) There is created within the executive branch of the 12 State Government an Illinois Emergency Management Agency and 13 a Director of the Illinois Emergency Management Agency, 14 herein called the "Director" who shall be the head thereof. 15 The Director shall be appointed by the Governor, with the 16 advice and consent of the Senate, and shall serve for a term 17 of 2 years beginning on the third Monday in January of the 18 odd-numbered year, and until a successor is appointed and has 19 qualified; except that the term of the first Director 20 appointed under this Act shall expire on the third Monday in 21 January, 1989. The Director shall not hold any other 22 remunerative public office. The Director shall receive an 23 annual salary as set by the Governor from time to time or the 24 amount set by the Compensation Review Board, whichever is 25 higher. If set by the Governor, the Director's annual salary 26 may not exceed 85% of the Governor's annual salary. 27 (b) The Illinois Emergency Management Agency shall 28 obtain, under the provisions of the Personnel Code, 29 technical, clerical, stenographic and other administrative 30 personnel, and may make expenditures within the appropriation 31 therefor as may be necessary to carry out the purpose of this 32 Act. The agency created by this Act is intended to be a 33 successor to the agency created under the Illinois Emergency HB0006 Engrossed -6- LRB093 02058 MKM 02086 b 1 Services and Disaster Agency Act of 1975 and the personnel, 2 equipment, records, and appropriations of that agency are 3 transferred to the successor agency as of the effective date 4 of this Act. 5 (c) The Director, subject to the direction and control 6 of the Governor, shall be the executive head of the Illinois 7 Emergency Management Agency and the State Emergency Response 8 Commission and shall be responsible under the direction of 9 the Governor, for carrying out the program for emergency 10 management of this State. The Director shall also maintain 11 liaison and cooperate with the emergency management 12 organizations of this State and other states and of the 13 federal government. 14 (d) The Illinois Emergency Management Agency shall take 15 an integral part in the development and revision of political 16 subdivision emergency operations plans prepared under 17 paragraph (f) of Section 10. To this end it shall employ or 18 otherwise secure the services of professional and technical 19 personnel capable of providing expert assistance to the 20 emergency services and disaster agencies. These personnel 21 shall consult with emergency services and disaster agencies 22 on a regular basis and shall make field examinations of the 23 areas, circumstances, and conditions that particular 24 political subdivision emergency operations plans are intended 25 to apply. 26 (e) The Illinois Emergency Management Agency and 27 political subdivisions shall be encouraged to form an 28 emergency management advisory committee composed of private 29 and public personnel representing the emergency management 30 phases of mitigation, preparedness, response, and recovery. 31 The Local Emergency Planning Committee, as created under the 32 Illinois Emergency Planning and Community Right to Know Act, 33 shall serve as an advisory committee to the emergency 34 services and disaster agency or agencies serving within the HB0006 Engrossed -7- LRB093 02058 MKM 02086 b 1 boundaries of that Local Emergency Planning Committee 2 planning district for: 3 (1) the development of emergency operations plan 4 provisions for hazardous chemical emergencies; and 5 (2) the assessment of emergency response 6 capabilities related to hazardous chemical emergencies. 7 (f) The Illinois Emergency Management Agency shall: 8 (1) Coordinate the overall emergency management 9 program of the State. 10 (2) Cooperate with local governments, the federal 11 government and any public or private agency or entity in 12 achieving any purpose of this Act and in implementing 13 emergency management programs for mitigation, 14 preparedness, response, and recovery. 15 (2.5) Cooperate with the Department of Nuclear 16 Safety in development of the comprehensive emergency 17 preparedness and response plan for any nuclear accident 18 in accordance with Section 2005-65 of the Department of 19 Nuclear Safety Law of the Civil Administrative Code of 20 Illinois and in development of the Illinois Nuclear 21 Safety Preparedness program in accordance with Section 8 22 of the Illinois Nuclear Safety Preparedness Act. 23 (2.6) Coordinate with the Department of Public 24 Health with respect to planning for and responding to 25 public health emergencies. 26 (3) Prepare, for issuance by the Governor, 27 executive orders, proclamations, and regulations as 28 necessary or appropriate in coping with disasters. 29 (4) Promulgate rules and requirements for political 30 subdivision emergency operations plans that are not 31 inconsistent with and are at least as stringent as 32 applicable federal laws and regulations. 33 (5) Review and approve, in accordance with Illinois 34 Emergency Management Agency rules, emergency operations HB0006 Engrossed -8- LRB093 02058 MKM 02086 b 1 plans for those political subdivisions required to have 2 an emergency services and disaster agency pursuant to 3 this Act. 4 (5.5) Promulgate rules and requirements for the 5 political subdivision emergency management exercises, 6 including, but not limited to, exercises of the emergency 7 operations plans. 8 (5.10) Review, evaluate, and approve, in accordance 9 with Illinois Emergency Management Agency rules, 10 political subdivision emergency management exercises for 11 those political subdivisions required to have an 12 emergency services and disaster agency pursuant to this 13 Act. 14 (6) Determine requirements of the State and its 15 political subdivisions for food, clothing, and other 16 necessities in event of a disaster. 17 (7) Establish a register of persons with types of 18 emergency management training and skills in mitigation, 19 preparedness, response, and recovery. 20 (8) Establish a register of government and private 21 response resources available for use in a disaster. 22 (9) Expand the Earthquake Awareness Program and its 23 efforts to distribute earthquake preparedness materials 24 to schools, political subdivisions, community groups, 25 civic organizations, and the media. Emphasis will be 26 placed on those areas of the State most at risk from an 27 earthquake. Maintain the list of all school districts, 28 hospitals, airports, power plants, including nuclear 29 power plants, lakes, dams, emergency response facilities 30 of all types, and all other major public or private 31 structures which are at the greatest risk of damage from 32 earthquakes under circumstances where the damage would 33 cause subsequent harm to the surrounding communities and 34 residents. HB0006 Engrossed -9- LRB093 02058 MKM 02086 b 1 (10) Disseminate all information, completely and 2 without delay, on water levels for rivers and streams and 3 any other data pertaining to potential flooding supplied 4 by the Division of Water Resources within the Department 5 of Natural Resources to all political subdivisions to the 6 maximum extent possible. 7 (11) Develop agreements, if feasible, with medical 8 supply and equipment firms to supply resources as are 9 necessary to respond to an earthquake or any other 10 disaster as defined in this Act. These resources will be 11 made available upon notifying the vendor of the disaster. 12 Payment for the resources will be in accordance with 13 Section 7 of this Act. The Illinois Department of Public 14 Health shall determine which resources will be required 15 and requested. 16 (12) Out of funds appropriated for these purposes, 17 award capital and non-capital grants to Illinois 18 hospitals or health care facilities located outside of a 19 city with a population in excess of 1,000,000 to be used 20 for purposes that include, but are not limited to, 21 preparing to respond to mass casualties and disasters, 22 maintaining and improving patient safety and quality of 23 care, and protecting the confidentiality of patient 24 information. No single grant for a capital expenditure 25 shall exceed $300,000. No single grant for a non-capital 26 expenditure shall exceed $100,000. In awarding such 27 grants, preference shall be given to hospitals that serve 28 a significant number of Medicaid recipients, but do not 29 qualify for disproportionate share hospital adjustment 30 payments under the Illinois Public Aid Code. To receive 31 such a grant, a hospital or health care facility must 32 provide funding of at least 50% of the cost of the 33 project for which the grant is being requested. In 34 awarding such grants the Illinois Emergency Management HB0006 Engrossed -10- LRB093 02058 MKM 02086 b 1 Agency shall consider the recommendations of the Illinois 2 Hospital Association. 3 (13) Do all other things necessary, incidental or 4 appropriate for the implementation of this Act. 5 (Source: P.A. 91-25, eff. 6-9-99; 92-73, eff. 1-1-02; 92-597, 6 eff. 6-28-02.) 7 (20 ILCS 3305/9) (from Ch. 127, par. 1059) 8 Sec. 9. Financing. 9 (a) It is the intent of the Legislature and declared to 10 be the policy of the State that funds to meet disasters shall 11 always be available. 12 (b) It is the legislative intent that the first recourse 13 shall be to funds regularly appropriated to State and 14 political subdivision departments and agencies. If the 15 Governor finds that the demands placed upon these funds in 16 coping with a particular disaster are unreasonably great, the 17 Governor may make funds available from the Disaster Relief 18 Fund. If monies available from the Fund are insufficient, and 19 if the Governor finds that other sources of money to cope 20 with the disaster are not available or are insufficient, the 21 Governor shall request the General Assembly to enact 22 legislation as it may deem necessary to transfer and expend 23 monies appropriated for other purposes or borrow, for a term 24 not to exceed 2 years from the United States government or 25 other public or private source. If the General Assembly is 26 not sitting in regular session to enact such legislation for 27 the transfer, expenditure or loan of such monies, and the 28 President of the Senate and the Speaker of the House certify 29 that the Senate and House are not in session, the Governor is 30 authorized to carry out those decisions, by depositing 31 transfers or loan proceeds into and making expenditures from 32 the Disaster Relief Fund, until such time as a quorum of the 33 General Assembly can convene in a regular or extraordinary HB0006 Engrossed -11- LRB093 02058 MKM 02086 b 1 session. The General Assembly shall, to the extent moneys 2 become available, restore moneys used from other sources 3 under this Section. 4 (c) Nothing contained in this Section shall be construed 5 to limit the Governor's authority to apply for, administer 6 and expend grants, gifts or payments in aid of disaster 7 mitigation, preparedness, response or recovery. 8 (Source: P.A. 92-73, eff. 1-1-02.) 9 Section 20. The Emergency Medical Services Systems Act is 10 amended by adding Section 3.21 as follows: 11 (210 ILCS 50/3.21 new) 12 Sec. 3.21. Hospital first responders. The General 13 Assembly finds that in the event of terrorist acts, 14 especially those involving the release of biological agents, 15 bacteria, viruses, or other agents intended to cause illness 16 or injury, hospitals serve as first responders in diagnosing 17 and treating the victims of those acts. As first responders, 18 hospitals are on the front lines of the State's emergency 19 management efforts. Given the increased demands for 20 equipment, materials, and training associated with their 21 responsibility as first responders in the event of terrorist 22 acts, hospitals would benefit from additional resources to 23 enable them to be better prepared to protect and aid the 24 residents of the State. In awarding funds to support disaster 25 preparedness by first responders, the Department and any 26 other State agencies shall take into account the role of 27 hospitals in being prepared to respond to emergencies or 28 disasters. 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.