Illinois General Assembly - Full Text of HB4011
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Full Text of HB4011  100th General Assembly




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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Emergency Management Agency Act is
5amended by changing Section 5 as follows:
6    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
7    Sec. 5. Illinois Emergency Management Agency.
8    (a) There is created within the executive branch of the
9State Government an Illinois Emergency Management Agency and a
10Director of the Illinois Emergency Management Agency, herein
11called the "Director" who shall be the head thereof. The
12Director shall be appointed by the Governor, with the advice
13and consent of the Senate, and shall serve for a term of 2
14years beginning on the third Monday in January of the
15odd-numbered year, and until a successor is appointed and has
16qualified; except that the term of the first Director appointed
17under this Act shall expire on the third Monday in January,
181989. The Director shall not hold any other remunerative public
19office. The Director shall receive an annual salary as set by
20the Compensation Review Board.
21    (b) The Illinois Emergency Management Agency shall obtain,
22under the provisions of the Personnel Code, technical,
23clerical, stenographic and other administrative personnel, and



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1may make expenditures within the appropriation therefor as may
2be necessary to carry out the purpose of this Act. The agency
3created by this Act is intended to be a successor to the agency
4created under the Illinois Emergency Services and Disaster
5Agency Act of 1975 and the personnel, equipment, records, and
6appropriations of that agency are transferred to the successor
7agency as of the effective date of this Act.
8    (c) The Director, subject to the direction and control of
9the Governor, shall be the executive head of the Illinois
10Emergency Management Agency and the State Emergency Response
11Commission and shall be responsible under the direction of the
12Governor, for carrying out the program for emergency management
13of this State. The Director shall also maintain liaison and
14cooperate with the emergency management organizations of this
15State and other states and of the federal government.
16    (d) The Illinois Emergency Management Agency shall take an
17integral part in the development and revision of political
18subdivision emergency operations plans prepared under
19paragraph (f) of Section 10. To this end it shall employ or
20otherwise secure the services of professional and technical
21personnel capable of providing expert assistance to the
22emergency services and disaster agencies. These personnel
23shall consult with emergency services and disaster agencies on
24a regular basis and shall make field examinations of the areas,
25circumstances, and conditions that particular political
26subdivision emergency operations plans are intended to apply.



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1    (e) The Illinois Emergency Management Agency and political
2subdivisions shall be encouraged to form an emergency
3management advisory committee composed of private and public
4personnel representing the emergency management phases of
5mitigation, preparedness, response, and recovery. The Local
6Emergency Planning Committee, as created under the Illinois
7Emergency Planning and Community Right to Know Act, shall serve
8as an advisory committee to the emergency services and disaster
9agency or agencies serving within the boundaries of that Local
10Emergency Planning Committee planning district for:
11        (1) the development of emergency operations plan
12    provisions for hazardous chemical emergencies; and
13        (2) the assessment of emergency response capabilities
14    related to hazardous chemical emergencies.
15    (f) The Illinois Emergency Management Agency shall:
16        (1) Coordinate the overall emergency management
17    program of the State.
18        (2) Cooperate with local governments, the federal
19    government and any public or private agency or entity in
20    achieving any purpose of this Act and in implementing
21    emergency management programs for mitigation,
22    preparedness, response, and recovery.
23        (2.5) Develop a comprehensive emergency preparedness
24    and response plan for any nuclear accident in accordance
25    with Section 65 of the Department of Nuclear Safety Law of
26    2004 (20 ILCS 3310) and in development of the Illinois



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1    Nuclear Safety Preparedness program in accordance with
2    Section 8 of the Illinois Nuclear Safety Preparedness Act.
3        (2.6) Coordinate with the Department of Public Health
4    with respect to planning for and responding to public
5    health emergencies.
6        (3) Prepare, for issuance by the Governor, executive
7    orders, proclamations, and regulations as necessary or
8    appropriate in coping with disasters.
9        (4) Promulgate rules and requirements for political
10    subdivision emergency operations plans that are not
11    inconsistent with and are at least as stringent as
12    applicable federal laws and regulations.
13        (5) Review and approve, in accordance with Illinois
14    Emergency Management Agency rules, emergency operations
15    plans for those political subdivisions required to have an
16    emergency services and disaster agency pursuant to this
17    Act.
18        (5.5) Promulgate rules and requirements for the
19    political subdivision emergency management exercises,
20    including, but not limited to, exercises of the emergency
21    operations plans.
22        (5.10) Review, evaluate, and approve, in accordance
23    with Illinois Emergency Management Agency rules, political
24    subdivision emergency management exercises for those
25    political subdivisions required to have an emergency
26    services and disaster agency pursuant to this Act.



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1        (6) Determine requirements of the State and its
2    political subdivisions for food, clothing, and other
3    necessities in event of a disaster.
4        (7) Establish a register of persons with types of
5    emergency management training and skills in mitigation,
6    preparedness, response, and recovery.
7        (8) Establish a register of government and private
8    response resources available for use in a disaster.
9        (9) Expand the Earthquake Awareness Program and its
10    efforts to distribute earthquake preparedness materials to
11    schools, political subdivisions, community groups, civic
12    organizations, and the media. Emphasis will be placed on
13    those areas of the State most at risk from an earthquake.
14    Maintain the list of all school districts, hospitals,
15    airports, power plants, including nuclear power plants,
16    lakes, dams, emergency response facilities of all types,
17    and all other major public or private structures which are
18    at the greatest risk of damage from earthquakes under
19    circumstances where the damage would cause subsequent harm
20    to the surrounding communities and residents.
21        (10) Disseminate all information, completely and
22    without delay, on water levels for rivers and streams and
23    any other data pertaining to potential flooding supplied by
24    the Division of Water Resources within the Department of
25    Natural Resources to all political subdivisions to the
26    maximum extent possible.



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1        (11) Develop agreements, if feasible, with medical
2    supply and equipment firms to supply resources as are
3    necessary to respond to an earthquake or any other disaster
4    as defined in this Act. These resources will be made
5    available upon notifying the vendor of the disaster.
6    Payment for the resources will be in accordance with
7    Section 7 of this Act. The Illinois Department of Public
8    Health shall determine which resources will be required and
9    requested.
10        (11.5) In coordination with the Department of State
11    Police, develop and implement a community outreach program
12    to promote awareness among the State's parents and children
13    of child abduction prevention and response.
14        (12) Out of funds appropriated for these purposes,
15    award capital and non-capital grants to Illinois hospitals
16    or health care facilities located outside of a city with a
17    population in excess of 1,000,000 to be used for purposes
18    that include, but are not limited to, preparing to respond
19    to mass casualties and disasters, maintaining and
20    improving patient safety and quality of care, and
21    protecting the confidentiality of patient information. No
22    single grant for a capital expenditure shall exceed
23    $300,000. No single grant for a non-capital expenditure
24    shall exceed $100,000. In awarding such grants, preference
25    shall be given to hospitals that serve a significant number
26    of Medicaid recipients, but do not qualify for



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1    disproportionate share hospital adjustment payments under
2    the Illinois Public Aid Code. To receive such a grant, a
3    hospital or health care facility must provide funding of at
4    least 50% of the cost of the project for which the grant is
5    being requested. In awarding such grants the Illinois
6    Emergency Management Agency shall consider the
7    recommendations of the Illinois Hospital Association.
8        (13) Do all other things necessary, incidental or
9    appropriate for the implementation of this Act.
10    (g) The Illinois Emergency Management Agency is authorized
11to make grants to various higher education institutions, public
12K-12 school districts, area vocational centers as designated by
13the State Board of Education, inter-district special education
14cooperatives, regional safe schools, and nonpublic K-12
15schools for safety and security improvements. For the purpose
16of this subsection (g), "higher education institution" means a
17public university, a public community college, or an
18independent, not-for-profit or for-profit higher education
19institution located in this State. Grants made under this
20subsection (g) shall be paid out of moneys appropriated for
21that purpose from the Build Illinois Bond Fund. The Illinois
22Emergency Management Agency shall adopt rules to implement this
23subsection (g). These rules may specify: (i) the manner of
24applying for grants; (ii) project eligibility requirements;
25(iii) restrictions on the use of grant moneys; (iv) the manner
26in which the various higher education institutions must account



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1for the use of grant moneys; and (v) any other provision that
2the Illinois Emergency Management Agency determines to be
3necessary or useful for the administration of this subsection
5    (g-5) The Illinois Emergency Management Agency is
6authorized to make grants to not-for-profit organizations
7which are exempt from federal income taxation under section
8501(c)(3) of the Federal Internal Revenue Code for eligible
9security improvements that assist the organization in
10preventing, preparing for, or responding to acts of terrorism.
11The Director shall establish procedures and forms by which
12applicants may apply for a grant, and procedures for
13distributing grants to recipients. The procedures shall
14require each applicant to do the following:
15        (1) identify and substantiate prior threats or attacks
16    by a terrorist organization, network, or cell against the
17    not-for-profit organization;
18        (2) indicate the symbolic or strategic value of one or
19    more sites that renders the site a possible target of
20    terrorism;
21        (3) discuss potential consequences to the organization
22    if the site is damaged, destroyed, or disrupted by a
23    terrorist act;
24        (4) describe how the grant will be used to integrate
25    organizational preparedness with broader State and local
26    preparedness efforts;



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1        (5) submit a vulnerability assessment conducted by
2    experienced security, law enforcement, or military
3    personnel, and a description of how the grant award will be
4    used to address the vulnerabilities identified in the
5    assessment; and
6        (6) submit any other relevant information as may be
7    required by the Director.
8    The Agency is authorized to use funds appropriated for the
9grant program described in this subsection (g-5) to administer
10the program.
11    (h) Except as provided in Section 17.5 of this Act, any
12moneys received by the Agency from donations or sponsorships
13shall be deposited in the Emergency Planning and Training Fund
14and used by the Agency, subject to appropriation, to effectuate
15planning and training activities.
16(Source: P.A. 98-465, eff. 8-16-13; 98-664, eff. 6-23-14.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.