State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


92_SB0860eng

 
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 1        AN  ACT  concerning  the  Illinois  Emergency  Management
 2    Agency.

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

 5        Section  5.  The Illinois Emergency Management Agency Act
 6    is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10,  11,
 7    12, 13, 15, 18, 20, and 21 as follows:

 8        (20 ILCS 3305/3) (from Ch. 127, par. 1053)
 9        Sec.  3.   Limitations.   Nothing  in  this  Act shall be
10    construed to:
11        (a)  Interfere with the course  or  conduct  of  a  labor
12    dispute, except that actions otherwise authorized by this Act
13    or  other  laws  may  be  taken  when  necessary  to mitigate
14    imminent or existing danger to public health or safety;
15        (b)  Interfere with dissemination of news or  comment  of
16    public   affairs;   but   any   communications   facility  or
17    organization  (including  but  not  limited  to   radio   and
18    television  stations,  wire  services, and newspapers) may be
19    requested  to  transmit  or  print  public  service  messages
20    furnishing information or instructions in connection  with  a
21    disaster;
22        (c)  Affect   the  jurisdiction  or  responsibilities  of
23    police forces, fire  fighting  forces,  units  of  the  armed
24    forces  of  the  United  States, or of any personnel thereof,
25    when on active duty;  but  State  and  political  subdivision
26    emergency  operations  plans  shall  place  reliance upon the
27    forces available for  performance  of  functions  related  to
28    emergency management;
29        (d)  Limit,  modify,  or  abridge  the  authority  of the
30    Governor to proclaim martial law or exercise any other powers
31    vested in the Governor him under the constitution,  statutes,
 
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 1    or common law of this State, independent of or in conjunction
 2    with any provisions of this Act; limit any home rule unit; or
 3    prohibit any contract or association pursuant to Article VII,
 4    Section 10 of the Illinois Constitution.
 5    (Source: P.A. 85-1027.)

 6        (20 ILCS 3305/4) (from Ch. 127, par. 1054)
 7        Sec.  4.   Definitions.   As used in this Act, unless the
 8    context clearly indicates otherwise, the following words  and
 9    terms have the meanings ascribed to them in this Section:
10        "Coordinator"  means the staff assistant to the principal
11    executive officer of a political subdivision with the duty of
12    coordinating  the  emergency  management  programs  of   that
13    political subdivision.
14        "Disaster" means an occurrence or threat of widespread or
15    severe  damage,  injury or loss of life or property resulting
16    from any natural or technological cause,  including  but  not
17    limited  to  fire,  flood, earthquake, wind, storm, hazardous
18    materials  spill  or  other  water  contamination   requiring
19    emergency  action  to  avert  danger or damage, epidemic, air
20    contamination,  blight,  extended  periods  of   severe   and
21    inclement  weather,  drought, infestation, critical shortages
22    of essential fuels and energy, explosion,  riot,  or  hostile
23    military   or   paramilitary  action,  or  acts  of  domestic
24    terrorism.
25        "Disaster  Training  Exercise"  means  a  planned   event
26    designed  specifically  to  simulate  an actual disaster that
27    will provide  emergency  operations  training  for  emergency
28    response  personnel.   Actual  response by emergency services
29    and disaster agency volunteers to local emergency  situations
30    not  qualifying  as disasters, as defined in this Section, is
31    considered a disaster training exercise.  Provided,  however,
32    that   performance  of  the  usual  and  customary  emergency
33    functions of a political subdivision (e.g., police,  fire  or
 
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 1    emergency  medical  services)  is  not  included  within this
 2    definition of a disaster training exercise.
 3        "Emergency Management" means the efforts of the State and
 4    the  political  subdivisions  to  develop,   plan,   analyze,
 5    conduct,   provide,   implement  and  maintain  programs  for
 6    disaster mitigation, preparedness, response and recovery.
 7        "Emergency Management Services and Disaster Agency" means
 8    the agency by this name, by  the  name  Emergency  Management
 9    Agency, or by any other name that is established by ordinance
10    within  a  political  subdivision to coordinate the emergency
11    management program within that political subdivision and with
12    private  organizations,  other  political  subdivisions,  the
13    State and federal governments.
14        "Emergency Operations Plan" means the written plan of the
15    State and political subdivisions describing the organization,
16    mission, and  functions  of  the  government  and  supporting
17    services for responding to and recovering from disasters.
18        "Emergency  Services" means the coordination of functions
19    by the  State  and  its  political  subdivision,  other  than
20    functions   for   which   military   forces   are   primarily
21    responsible,  as  may  be  necessary  or  proper  to prevent,
22    minimize, repair, and alleviate injury and  damage  resulting
23    from  any  natural  or technological causes.  These functions
24    include, without limitation, fire fighting  services,  police
25    services,  emergency  aviation  services,  medical and health
26    services,    rescue,    engineering,    warning     services,
27    communications,  radiological,  chemical  and  other  special
28    weapons  defense,  evacuation  of  persons  from  stricken or
29    threatened  areas,  emergency  assigned  functions  of  plant
30    protection, temporary restoration of public utility  services
31    and  other functions related to civilian protection, together
32    with  all  other  activities  necessary  or   incidental   to
33    protecting life or property.
34        "Exercise" means a planned event realistically simulating
 
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 1    a  disaster,  conducted  for  the  purpose  of evaluating the
 2    political  subdivision's  coordinated  emergency   management
 3    capabilities,  including,  but  not  limited  to, testing the
 4    emergency operations plan.
 5        "Illinois Emergency Management Agency" means  the  agency
 6    established  by this Act within the executive branch of State
 7    Government  responsible  for  coordination  of  the   overall
 8    emergency  management  program  of the State and with private
 9    organizations,  political  subdivisions,  and   the   federal
10    government.  Illinois  Emergency Management Agency also means
11    the State Emergency Response Commission responsible  for  the
12    implementation  of  Title III of the Superfund Amendments and
13    Reauthorization Act of 1986.
14        "Mobile  Support  Team"  means  a  group  of  individuals
15    designated as a team by the Governor  or  Director  to  train
16    prior  to  and  to  be  dispatched,  if  the  Governor or the
17    Director so determines, to aid and reinforce  the  State  and
18    political   subdivision   emergency  management  efforts  the
19    utilization of personnel to be dispatched  by  the  Governor,
20    or,  if  he  so  authorizes the Director, by the Director, to
21    supplement  the  State  and    political   subdivisions   for
22    emergency management programs in response to a disaster.
23        "Municipality"  means any city, village, and incorporated
24    town.
25        "Political Subdivision" means any county, city,  village,
26    or  incorporated  town  or  township  if the township is in a
27    county having a population of more than 2,000,000.
28        "Principal Executive Officer"  means  chair  chairman  of
29    the county board, supervisor of a township if the township is
30    in a county having a population of more than 2,000,000, mayor
31    of a city or incorporated town, president of a village, or in
32    their   absence  or  disability,  the  interim  successor  as
33    established  under  Section  7  of  the   Emergency   Interim
34    Executive Succession Act.
 
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 1    (Source: P.A. 87-168; 88-606, eff. 1-1-95.)

 2        (20 ILCS 3305/5) (from Ch. 127, par. 1055)
 3        Sec. 5.  Illinois Emergency Management Agency.
 4        (a)  There  is created within the executive branch of the
 5    State Government an Illinois Emergency Management Agency  and
 6    a  Director  of  the  Illinois  Emergency  Management Agency,
 7    herein called the "Director" who shall be the  head  thereof.
 8    The  Director  shall  be  appointed by the Governor, with the
 9    advice and consent of the Senate, and shall serve for a  term
10    of  2  years  beginning on the third Monday in January of the
11    odd-numbered year, and until a his successor is appointed and
12    has qualified; except that the term  of  the  first  Director
13    appointed  under this Act shall expire on the third Monday in
14    January,  1989.   The  Director  shall  not  hold  any  other
15    remunerative public office. The  Director  shall  receive  an
16    annual salary as set by the Governor from time to time or the
17    amount  set  by  the  Compensation Review Board, whichever is
18    higher.  If set by the Governor, the Director's annual salary
19    may not exceed 85% of the Governor's annual salary.
20        (b)  The  Illinois  Emergency  Management  Agency   shall
21    obtain,   under   the   provisions  of  the  Personnel  Code,
22    technical, clerical, stenographic  and  other  administrative
23    personnel, and may make expenditures within the appropriation
24    therefor as may be necessary to carry out the purpose of this
25    Act.   The  agency  created  by  this Act is intended to be a
26    successor to the agency created under the Illinois  Emergency
27    Services  and  Disaster Agency Act of 1975 and the personnel,
28    equipment, records, and appropriations  of  that  agency  are
29    transferred  to the successor agency as of the effective date
30    of this Act.
31        (c)  The Director, subject to the direction  and  control
32    of  the Governor, shall be the executive head of the Illinois
33    Emergency Management Agency and the State Emergency  Response
 
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 1    Commission  and  shall  be responsible under the direction of
 2    the Governor, for carrying  out  the  program  for  emergency
 3    management  of  this  State.   The  Director  He  shall  also
 4    maintain  liaison and cooperate with the emergency management
 5    organizations of this State  and  other  states  and  of  the
 6    federal government.
 7        (d)  The  Illinois Emergency Management Agency shall take
 8    an integral part in the development and revision of political
 9    subdivision  emergency  operations   plans   prepared   under
10    paragraph  (f) of Section 10.  To this end it shall employ or
11    otherwise secure the services of professional  and  technical
12    personnel  capable  of  providing  expert  assistance  to the
13    emergency services and disaster  agencies.   These  personnel
14    shall  consult  with emergency services and disaster agencies
15    on a regular basis and shall make field examinations  of  the
16    areas,   circumstances,   and   conditions   that  particular
17    political subdivision emergency operations plans are intended
18    to apply, and may recommend revisions under State rules.
19        (e)  The  Illinois   Emergency  Management   Agency   and
20    political   subdivisions  shall  be  encouraged  to  form  an
21    emergency management advisory committee composed  of  private
22    and  public  personnel  representing the emergency management
23    phases of mitigation, preparedness, response,  and  recovery.
24    The  Local Emergency Planning Committee, as created under the
25    Illinois Emergency Planning and Community Right to Know  Act,
26    shall  serve  as  an  advisory  committee  to  the  emergency
27    services  and  disaster agency or agencies serving within the
28    boundaries  of  that  Local  Emergency   Planning   Committee
29    planning district for:
30             (1)  the  development  of  emergency operations plan
31        provisions for hazardous chemical emergencies; and
32             (2)  the   assessment    of    emergency    response
33        capabilities related to hazardous chemical emergencies.
34        (f)  The Illinois Emergency Management Agency shall:
 
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 1             (1)  Coordinate  the  overall  emergency  management
 2        program of the State.
 3             (2)  Cooperate  with  local governments, the federal
 4        government and any public or private agency or entity  in
 5        achieving  any  purpose  of  this Act and in implementing
 6        emergency    management    programs    for    mitigation,
 7        preparedness, response, and recovery.
 8             (2.5)  Cooperate  with  the  Department  of  Nuclear
 9        Safety in  development  of  the  comprehensive  emergency
10        preparedness  and  response plan for any nuclear accident
11        in accordance with Section 2005-65 of the  Department  of
12        Nuclear  Safety  Law  of the Civil Administrative Code of
13        Illinois and  in  development  of  the  Illinois  Nuclear
14        Safety  Preparedness program in accordance with Section 8
15        of the Illinois Nuclear Safety Preparedness Act.
16             (3)  Prepare,  for   issuance   by   the   Governor,
17        executive   orders,  proclamations,  and  regulations  as
18        necessary or appropriate in coping with disasters.
19             (4)  Promulgate rules and requirements for political
20        subdivision  emergency  operations  plans  that  are  not
21        inconsistent with  and  are  at  least  as  stringent  as
22        applicable  federal  laws  and regulations, in accordance
23        with federal guidelines.
24             (5)  Review and approve, in accordance with Illinois
25        Emergency Management Agency rules, political  subdivision
26        emergency    operations   plans   for   those   political
27        subdivisions required to have an emergency  services  and
28        disaster  agency  pursuant  to  this  Act  and  recommend
29        revisions under State rules.
30             (5.5)  Promulgate  rules  and  requirements  for the
31        political  subdivision  emergency  management  exercises,
32        including, but not limited to, exercises of the emergency
33        operations plans.
34             (5.10)  Review, evaluate, and approve, in accordance
 
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 1        with  Illinois   Emergency   Management   Agency   rules,
 2        political  subdivision emergency management exercises for
 3        those  political  subdivisions  required   to   have   an
 4        emergency  services  and disaster agency pursuant to this
 5        Act.
 6             (6)  Determine requirements of  the  State  and  its
 7        political  subdivisions  for  food,  clothing,  and other
 8        necessities in event of a disaster.
 9             (7)  Establish a register of persons with  types  of
10        emergency  management  training and skills in mitigation,
11        preparedness, response, and recovery.
12             (8)  Establish a register of government and  private
13        response resources available for use in a disaster.
14             (9)  Expand the Earthquake Awareness Program and its
15        efforts  to  distribute earthquake preparedness materials
16        to schools,  political  subdivisions,  community  groups,
17        civic  organizations,  and  the  media.  Emphasis will be
18        placed on those areas of the State most at risk  from  an
19        earthquake.   Maintain  the list of all school districts,
20        hospitals,  airports,  power  plants,  including  nuclear
21        power plants, lakes, dams, emergency response  facilities
22        of  all  types,  and  all  other  major public or private
23        structures which are at the greatest risk of damage  from
24        earthquakes  under  circumstances  where the damage would
25        cause subsequent harm to the surrounding communities  and
26        residents.
27             (10)  Disseminate  all  information,  completely and
28        without delay, on water levels for rivers and streams and
29        any other data pertaining to potential flooding  supplied
30        by  the Division of Water Resources within the Department
31        of Natural Resources to all political subdivisions to the
32        maximum extent possible.
33             (11)  Develop agreements, if feasible, with  medical
34        supply  and  equipment  firms  to supply resources as are
 
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 1        necessary to  respond  to  an  earthquake  or  any  other
 2        disaster as defined in this Act.  These resources will be
 3        made available upon notifying the vendor of the disaster.
 4        Payment  for  the  resources  will  be in accordance with
 5        Section 7 of this Act.  The Illinois Department of Public
 6        Health shall determine which resources will  be  required
 7        and requested.
 8             (12)  Do  all  other things necessary, incidental or
 9        appropriate for the implementation of this Act.
10    (Source: P.A. 91-25, eff. 6-9-99.)

11        (20 ILCS 3305/6) (from Ch. 127, par. 1056)
12        Sec. 6.  Emergency Management Powers of the Governor.
13        (a)  The  Governor  shall  have  general  direction   and
14    control of the Illinois Emergency Management Agency and shall
15    be responsible for the carrying out of the provisions of this
16    Act.
17        (b)  In   performing  his  duties  under  this  Act,  the
18    Governor  is  authorized  to  cooperate  with   the   federal
19    government and with other states in all matters pertaining to
20    emergency management.
21        (c)  In   performing  his  duties  under  this  Act,  the
22    Governor is further authorized:
23             (1)  To  make,  amend,  and   rescind   all   lawful
24        necessary orders, rules, and regulations to carry out the
25        provisions of this Act within the limits of the authority
26        conferred upon the Governor him.
27             (2)  To  cause  to  be prepared a comprehensive plan
28        and program for the emergency management of  this  State,
29        which  plan  and  program  shall  be  integrated into and
30        coordinated with emergency management plans and  programs
31        of  the  federal  government and of other states whenever
32        possible and which plan and program may include:
33                  a.  Mitigation of injury and damage  caused  by
 
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 1             disaster.
 2                  b.  Prompt and effective response to disaster.
 3                  c.  Emergency relief.
 4                  d.  Identification    of   areas   particularly
 5             vulnerable to disasters.
 6                  e.  Recommendations for zoning,  building,  and
 7             other   land-use   controls,   safety  measures  for
 8             securing permanent structures and  other  mitigation
 9             measures  designed  to eliminate or reduce disasters
10             or their impact.
11                  f.  Assistance  to  political  subdivisions  in
12             designing emergency operations plans.
13                  g.  Authorization  and   procedures   for   the
14             erection  or  other  construction of temporary works
15             designed to mitigate danger,  damage  or  loss  from
16             flood, or other disaster.
17                  h.  Preparation   and   distribution   to   the
18             appropriate   State   and     political  subdivision
19             officials of a State catalog of federal, State,  and
20             private assistance programs.
21                  i.  Organization  of State personnel and chains
22             of command.
23                  j.  Coordination   of   federal,   State,   and
24             political    subdivision    emergency     management
25             activities.
26                  k.  Other necessary matters.
27             (3)  In accordance with the plan and program for the
28        emergency  management  of  this  State,  and out of funds
29        appropriated  for  these   purposes,   to   procure   and
30        preposition supplies, medicines, materials and equipment,
31        to  institute  training  programs  and public information
32        programs,  and  to  take  all  other  preparatory   steps
33        including  the  partial or full mobilization of emergency
34        services and  disaster  agencies  in  advance  of  actual
 
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 1        disaster  to  insure the furnishing of adequately trained
 2        and equipped forces for disaster response and recovery.
 3             (4)  Out of funds appropriated for  these  purposes,
 4        to make studies and surveys of the industries, resources,
 5        and  facilities  in  this  State  as  may be necessary to
 6        ascertain the capabilities of  the  State  for  emergency
 7        management  phases of mitigation, preparedness, response,
 8        and recovery and to plan for the most efficient emergency
 9        use thereof.
10             (5)  On behalf of this State, to negotiate  for  and
11        submit  to  the  General  Assembly  for  its  approval or
12        rejection reciprocal mutual aid  agreements  or  compacts
13        with  other  states,  either  on a statewide or political
14        subdivision basis.  The agreements or compacts, shall  be
15        limited  to the furnishing or exchange of food, clothing,
16        medical  or  other  supplies,  engineering   and   police
17        services;  emergency  housing  and  feeding; National and
18        State Guards  while  under  the  control  of  the  State;
19        health,  medical,  and  related  services; fire fighting,
20        rescue, transportation, communication,  and  construction
21        services  and  equipment,  provided, however, that if the
22        General Assembly be not in session and the  Governor  has
23        not  proclaimed  the  existence  of a disaster under this
24        Section, then the agreements or compacts shall instead be
25        submitted to an Interim Committee on Emergency Management
26        composed of 5 Senators appointed by the President of  the
27        Senate  and of 5 Representatives appointed by the Speaker
28        of  the  House,  during  the  month  of  June   of   each
29        odd-numbered  odd  numbered  year  to  serve for a 2 year
30        term, beginning July 1 of  that  year,  and  until  their
31        successors   are   appointed   and  qualified,  or  until
32        termination of their legislative service, whichever first
33        occurs.  Vacancies shall be filled by appointment for the
34        unexpired  term  in   the   same   manner   as   original
 
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 1        appointments.   All appointments shall be made in writing
 2        and filed  with  the  Secretary  of  State  as  a  public
 3        record.    The  Committee shall have the power to approve
 4        or reject any agreements or compacts for and on behalf of
 5        the General Assembly;  and,  provided  further,  that  an
 6        affirmative  vote  of 2/3 of the members of the Committee
 7        shall be necessary for the approval of any  agreement  or
 8        compact.
 9    (Source: P.A. 87-168.)

10        (20 ILCS 3305/7) (from Ch. 127, par. 1057)
11        Sec. 7.  Emergency Powers of the Governor.
12        (a)  In the event of a disaster, as defined in Section 4,
13    the  Governor  may,  by  proclamation declare that a disaster
14    exists.  Upon such proclamation, the Governor shall have  and
15    may exercise for a period not to exceed 30 days the following
16    emergency  powers;  provided,  however, that the lapse of the
17    emergency powers shall  not,  as  regards  any  act  or  acts
18    occurring or committed within the 30 days period, deprive any
19    person,  firm,  corporation,  political  subdivision, or body
20    politic  of  any  right  or   rights   to   compensation   or
21    reimbursement  which  he, she, it, or they may have under the
22    provisions of this Act:
23             (1)  To suspend the  provisions  of  any  regulatory
24        statute  prescribing  procedures  for  conduct  of  State
25        business,  or  the  orders,  rules and regulations of any
26        State agency, if strict compliance with the provisions of
27        any statute, order, rule, or regulation would in any  way
28        prevent,  hinder  or  delay  necessary  action, including
29        emergency purchases, by the Illinois Emergency Management
30        Agency, in coping with the disaster.
31             (2)  To utilize all available resources of the State
32        government as  reasonably  necessary  to  cope  with  the
33        disaster and of each political subdivision of the State.
 
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 1             (3)  To   transfer   the   direction,  personnel  or
 2        functions of State  departments  and  agencies  or  units
 3        thereof  for  the  purpose  of performing or facilitating
 4        disaster response and recovery programs.
 5             (4)  On behalf of this State to take possession  of,
 6        and  to acquire full title or a lesser specified interest
 7        in,  any  personal  property  as  may  be  necessary   to
 8        accomplish  the objectives set forth in Section 2 of this
 9        Act, including: airplanes, automobiles, trucks, trailers,
10        buses, and other  vehicles;  coal,  oils,  gasoline,  and
11        other   fuels   and   means  of  propulsion;  explosives,
12        materials,   equipment,   and   supplies;   animals   and
13        livestock; feed and  seed;  cattle,  poultry,  food,  and
14        provisions for humans and animals man and beast; clothing
15        and  bedding;  and  medicines  and  medical  and surgical
16        supplies; and to take possession of  and  for  a  limited
17        period  occupy  and  use  any  real  estate  necessary to
18        accomplish  those   objectives;   but   only   upon   the
19        undertaking   by  the  State  to  pay  just  compensation
20        therefor as in this Act provided, and then only under the
21        following provisions:
22                  a.  The Governor, or the person or  persons  as
23             the  Governor  may authorize so to do, may forthwith
24             take possession of property for and on behalf of the
25             State;  provided,  however,  that  the  Governor  or
26             persons  shall  simultaneously  with   the   taking,
27             deliver  to  the  owner  or his or her agent, if the
28             identity of the owner or agency is known or  readily
29             ascertainable,  a  signed statement in writing, that
30             shall include the name and address of the owner, the
31             date and place of the  taking,  description  of  the
32             property  sufficient  to identify it, a statement of
33             interest in the property that  is  being  so  taken,
34             and,  if possible, a statement in writing, signed by
 
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 1             the owner, setting forth the sum that he or  she  is
 2             willing  to  accept  as  just  compensation  for the
 3             property or use.  Whether or not the owner or  agent
 4             is  known  or  readily ascertainable, a true copy of
 5             the  statement  shall  promptly  be  filed  by   the
 6             Governor  or the person with the Director, who shall
 7             keep the docket of the statements.  In  cases  where
 8             the  sum that the owner is willing to accept as just
 9             compensation is less  than  $1,000,  copies  of  the
10             statements shall also be filed by the Director with,
11             and  shall be passed upon by an Emergency Management
12             Claims Commission,  consisting  of  3  disinterested
13             citizens  who shall be appointed by the Governor, by
14             and with the  advice  and  consent  of  the  Senate,
15             within 20 days after the Governor's declaration of a
16             disaster,  and  if  the  sum  fixed  by them as just
17             compensation be less than $1,000 and is accepted  in
18             writing  by  the owner, then the State Treasurer out
19             of funds appropriated  for  these  purposes,  shall,
20             upon   certification   thereof   by   the  Emergency
21             Management  Claims  Commission,  cause  the  sum  so
22             certified forthwith to be paid to  the  owner.   The
23             Emergency  Management  Claims  Commission  is hereby
24             given the power to issue appropriate  subpoenas  and
25             to  administer  oaths  to  witnesses  and shall keep
26             appropriate minutes and other records of its actions
27             upon and the disposition made of all claims.
28                  b.  When the compensation to be  paid  for  the
29             taking or use of property or interest therein is not
30             or  cannot  be  determined  and  paid under item (a)
31             above, a petition in the name of The People  of  the
32             State  of  Illinois  shall  be promptly filed by the
33             Director, which filing may be enforced by  mandamus,
34             in  the  circuit  court  of  the  county  where  the
 
SB860 Engrossed             -15-              LRB9205116JMdvA
 1             property  or  any  part  thereof  was  located  when
 2             initially taken or used under the provisions of this
 3             Act  praying  that  the amount of compensation to be
 4             paid to the person or persons interested therein  be
 5             fixed  and determined.  The petition shall include a
 6             description of the property  that  has  been  taken,
 7             shall  state  the physical condition of the property
 8             when taken, shall name as defendants all  interested
 9             parties,  shall set forth the sum of money estimated
10             to be just compensation for the property or interest
11             therein taken or used, and shall be  signed  by  the
12             Director.   The  litigation  shall be handled by the
13             Attorney General for and on behalf of the State.
14                  c.  Just compensation for the taking or use  of
15             property  or  interest  therein  shall  be  promptly
16             ascertained   in   proceedings  and  established  by
17             judgment against the State, that shall  include,  as
18             part  of  the just compensation so awarded, interest
19             at the rate of 6% per annum on the fair market value
20             of the property or interest therein from the date of
21             the taking or use to the date of the  judgment;  and
22             the  court may order the payment of delinquent taxes
23             and special assessments out of the amount so awarded
24             as just compensation and may make any  other  orders
25             with  respect to encumbrances, rents, insurance, and
26             other  charges,  if  any,  as  shall  be  just   and
27             equitable.
28             (5)  When   required   by   the  exigencies  of  the
29        disaster, to sell, lend, rent, give, or distribute all or
30        any part of property so  or  otherwise  acquired  to  the
31        inhabitants  of  this State, or to political subdivisions
32        of this  State,  or,  under  the  interstate  mutual  aid
33        agreements  or  compacts  as  are  entered into under the
34        provisions  of  subparagraph  (5)  of  paragraph  (c)  of
 
SB860 Engrossed             -16-              LRB9205116JMdvA
 1        Section 6  to  other  states,  and  to  account  for  and
 2        transmit  to  the  State  Treasurer  all  funds,  if any,
 3        received therefor.
 4             (6)  To recommend the evacuation of all or  part  of
 5        the  population  from  any  stricken  or  threatened area
 6        within the State if the Governor  he  deems  this  action
 7        necessary.
 8             (7)  To  prescribe  routes, modes of transportation,
 9        and destinations in connection with evacuation.
10             (8)  To control ingress and egress  to  and  from  a
11        disaster  area,  the movement of persons within the area,
12        and the occupancy of premises therein.
13             (9)  To suspend or limit the  sale,  dispensing,  or
14        transportation    of   alcoholic   beverages,   firearms,
15        explosives, and combustibles.
16             (10)  To make provision for the availability and use
17        of temporary emergency housing.
18             (11)  A proclamation of a  disaster  shall  activate
19        the   State  Emergency  Operations  Plan,  and  political
20        subdivision emergency operations plans applicable to  the
21        political   subdivision   or  area  in  question  and  be
22        authority for the deployment and use of any  forces  that
23        the  plan  or  plans apply and for use or distribution of
24        any supplies, equipment,  and  materials  and  facilities
25        assembled,  stockpiled  or  arranged to be made available
26        under this Act or any other provision of law relating  to
27        disasters.
28             (12)  Control,  restrict, and regulate by rationing,
29        freezing, use of quotas, prohibitions on shipments, price
30        fixing, allocation or  other  means,  the  use,  sale  or
31        distribution  of  food,  feed,  fuel,  clothing and other
32        commodities, materials, goods, or services;  and  perform
33        and  exercise  any other functions, powers, and duties as
34        may be necessary to promote and  secure  the  safety  and
 
SB860 Engrossed             -17-              LRB9205116JMdvA
 1        protection of the civilian population.
 2             (13)  During  the  continuance  of  any disaster the
 3        Governor  is  commander-in-chief  of  the  organized  and
 4        unorganized militia and of all other forces available for
 5        emergency duty.  To the greatest extent practicable,  the
 6        Governor shall delegate or assign command authority to do
 7        so by orders issued at the time of the disaster.
 8             (14)  Prohibit  increases in the prices of goods and
 9        services during a disaster.
10    (Source: P.A. 87-168.)

11        (20 ILCS 3305/8) (from Ch. 127, par. 1058)
12        Sec. 8.  Mobile Support Teams.
13        (a)  The Governor or Director may  cause  to  be  created
14    Mobile  Support  Teams  to  aid and to reinforce the Illinois
15    Emergency  Management  Agency,  and  emergency  services  and
16    disaster agencies in areas stricken by disaster. Each  mobile
17    support  team  shall  have a leader, selected by the Director
18    who will be responsible, under the direction and  control  of
19    the  Director,  for  the  organization,  administration,  and
20    training, and operation of the mobile support team.
21        (b)  Personnel  of  a  mobile  support team while on duty
22    pursuant to  such  a  call  or  while  engaged  in  regularly
23    scheduled  training  or  exercises, whether within or without
24    the State, shall either:
25             (1)  If they are paid employees of the  State,  have
26        the powers, duties, rights, privileges and immunities and
27        receive the compensation incidental to their employment.
28             (2)  If  they  are  paid  employees  of  a political
29        subdivision or body politic of this  State,  and  whether
30        serving  within  or without that political subdivision or
31        body politic, have the powers, duties, rights, privileges
32        and immunities, and receive the  compensation  incidental
33        to their employment.
 
SB860 Engrossed             -18-              LRB9205116JMdvA
 1             (3)  If   they  are  not  employees  of  the  State,
 2        political subdivision or  body  politic,  or  being  such
 3        employees,  are  not normally paid for their services, be
 4        entitled to at least one  dollar  per  year  compensation
 5        from the State.
 6        Personnel  of  a  mobile support team who suffer disease,
 7    injury or death arising out of or in the course of  emergency
 8    duty,  shall  for the purposes of benefits under the Workers'
 9    Compensation Act or Workers' Occupational Diseases Act  only,
10    be  deemed  to  be  employees  of  this  State. If the person
11    diseased, injured or killed is an employee described in  item
12    (3)  above,  the computation of benefits payable under either
13    of those Acts shall be  based  on  income  commensurate  with
14    comparable  State  employees  doing  the same type of work or
15    income from the person's  regular  employment,  whichever  is
16    greater.
17        All  personnel  of  mobile  support teams shall, while on
18    duty under such call, be reimbursed by  this  State  for  all
19    actual and necessary travel and subsistence expenses.
20        (c)  The State shall reimburse each political subdivision
21    or  body  politic  from  the  Disaster  Relief  Fund  for the
22    compensation  paid  and  the  actual  and  necessary  travel,
23    subsistence and maintenance expenses of paid employees of the
24    political subdivision or body politic while serving,  outside
25    of  its  geographical  boundaries pursuant to such a call, as
26    members of a mobile support team, and for all  payments  made
27    for  death, disease or injury of those paid employees arising
28    out of and incurred in the course of that duty, and  for  all
29    losses  of  or  damage  to  supplies  and  equipment  of  the
30    political  subdivision  or  body  politic  resulting from the
31    operations.
32        (d)  Whenever mobile support teams or  units  of  another
33    state,  while  the Governor has the emergency powers provided
34    for under Section 7 of this Act, render  aid  to  this  State
 
SB860 Engrossed             -19-              LRB9205116JMdvA
 1    under  the  orders of the Governor of its home state and upon
 2    the request of the Governor  of  this  State,  all  questions
 3    relating  to  reimbursement  by this State to the other state
 4    and its citizens in regard  to  the  assistance  so  rendered
 5    shall   be   determined  by  the  mutual  aid  agreements  or
 6    interstate  compacts  described  in   subparagraph   (5)   of
 7    paragraph (c) of Section 6 as are existing at the time of the
 8    assistance  rendered or are entered into thereafter and under
 9    Section 303 (d) of the Federal Civil Defense Act of 1950.
10        (e)  No personnel of mobile support teams of  this  State
11    may  be ordered by the Governor to operate in any other state
12    unless a request for the same has been made by  the  Governor
13    or duly authorized representative of the other state.
14    (Source: P.A. 87-168.)

15        (20 ILCS 3305/9) (from Ch. 127, par. 1059)
16        Sec. 9.  Financing.
17        (a)  It  is the intent of the Legislature and declared to
18    be the policy of the State that funds to meet disasters shall
19    always be available.
20        (b)  It is the legislative intent that the first recourse
21    shall  be  to  funds  regularly  appropriated  to  State  and
22    political  subdivision  departments  and  agencies.   If  the
23    Governor finds that the demands placed upon  these  funds  in
24    coping with a particular disaster are unreasonably great, the
25    Governor he may make funds available from the Disaster Relief
26    Fund. If monies available from the Fund are insufficient, and
27    if  the  Governor  finds  that other sources of money to cope
28    with the disaster are not available or are insufficient,  the
29    Governor   shall   request  the  General  Assembly  to  enact
30    legislation as it may deem necessary to transfer  and  expend
31    monies  appropriated for other purposes or borrow, for a term
32    not to exceed 2 years from the United  States  government  or
33    other  public  or private source.  If the General Assembly is
 
SB860 Engrossed             -20-              LRB9205116JMdvA
 1    not sitting in regular session to enact such legislation  for
 2    the  transfer,  expenditure  or  loan of such monies, and the
 3    President of the Senate and the Speaker of the House  certify
 4    that the Senate and House are not in session, the Governor is
 5    authorized  to carry out those decisions until such time as a
 6    quorum of the General Assembly can convene in  a  regular  or
 7    extraordinary session.
 8        (c)  Nothing contained in this Section shall be construed
 9    to  limit  the  Governor's authority to apply for, administer
10    and expend grants, gifts  or  payments  in  aid  of  disaster
11    mitigation, preparedness, response or recovery.
12    (Source: P.A. 85-1027.)

13        (20 ILCS 3305/10) (from Ch. 127, par. 1060)
14        Sec. 10.  Emergency Services and Disaster Agencies.
15        (a)  Each  political  subdivision within this State shall
16    be within the jurisdiction of  and  served  by  the  Illinois
17    Emergency  Management Agency and by an emergency services and
18    disaster  agency   responsible   for   emergency   management
19    programs.   A township, if the township is in a county having
20    a population of more than 2,000,000, must  have  approval  of
21    the  county  coordinator  before  establishment of a township
22    emergency services and disaster agency.
23        (b)  Unless  multiple  county  emergency   services   and
24    disaster  agency  consolidation is authorized by the Illinois
25    Emergency  Management  Agency  with  the   consent   of   the
26    respective  counties, each county shall maintain an emergency
27    services and disaster agency that has jurisdiction  over  and
28    serves  the entire county, except as otherwise provided under
29    this Act and except that in any county with a  population  of
30    over 3,000,000 containing a municipality with a population of
31    over  500,000 the jurisdiction of the county agency shall not
32    extend  to  the  municipality  when  the   municipality   has
33    established its own agency.
 
SB860 Engrossed             -21-              LRB9205116JMdvA
 1        (c)  Each  municipality with a population of over 500,000
 2    shall maintain an  emergency  services  and  disaster  agency
 3    which   has   jurisdiction   over   and   serves  the  entire
 4    municipality.  A municipality with  a  population  less  than
 5    500,000  may establish, by ordinance, an agency or department
 6    responsible   for    emergency    management    within    the
 7    municipality's corporate limits.
 8        (d)  The   Governor   shall   determine  which  municipal
 9    corporations, other than those specified in paragraph (c)  of
10    this  Section,  need emergency services and disaster agencies
11    of their  own  and  require  that  they  be  established  and
12    maintained.    The   Governor   He   shall   make  these  his
13    determinations on the basis of  the  municipality's  disaster
14    vulnerability   and   capability   of   response  related  to
15    population size and concentration.   The  emergency  services
16    and disaster agency of a county or township, shall not have a
17    jurisdiction  within  a  political subdivision having its own
18    emergency services and disaster agency, but  shall  cooperate
19    with  the  emergency  services and disaster agency of a city,
20    village or  incorporated  town  within  their  borders.   The
21    Illinois   Emergency  Management  Agency  shall  publish  and
22    furnish a current list to the municipalities required to have
23    an  emergency  services  and  disaster  agency   under   this
24    subsection.
25        (e)  Each  municipality  that is not required to and does
26    not have an emergency services and disaster agency shall have
27    a liaison officer designated to  facilitate  the  cooperation
28    and  protection of that municipal corporation with the county
29    emergency services and disaster agency in which it is located
30    in the work of disaster mitigation,  preparedness,  response,
31    and recovery.
32        (f)  The  principal  executive  officer  or  his  or  her
33    designee  of  each  political  subdivision in the State shall
34    annually notify the Illinois Emergency Management  Agency  of
 
SB860 Engrossed             -22-              LRB9205116JMdvA
 1    the manner in which the political subdivision is providing or
 2    securing emergency management, identify the executive head of
 3    the   agency  or  the  department  from  which the service is
 4    obtained, or the liaison officer in accordance with paragraph
 5    (d)  of  this  Section  and  furnish  additional  information
 6    relating thereto as the Illinois Emergency Management  Agency
 7    requires.
 8        (g)  Each  emergency  services  and disaster agency shall
 9    prepare and  submit  to  the  Illinois  Emergency  Management
10    Agency  for  review and approval an emergency operations plan
11    for its geographic boundaries that  complies  with  planning,
12    review,   and   approval   standards   promulgated  standards
13    developed by the Illinois Emergency Management  Agency.   The
14    Illinois  Emergency  Management  Agency shall determine which
15    jurisdictions  will  be  required   to   include   earthquake
16    preparedness in their local emergency operations plans.
17        (h)  The  emergency  services  and  disaster agency shall
18    prepare  and  distribute  to  all  appropriate  officials  in
19    written form a clear and complete statement of the  emergency
20    responsibilities  of  all local departments and officials and
21    of the disaster chain of command.
22        (i)  Each emergency services and  disaster  agency  shall
23    have  a  Coordinator  who shall be appointed by the principal
24    executive officer of the political subdivision  in  the  same
25    manner  as are the heads of regular governmental departments.
26    If the political subdivision is a county  and  the  principal
27    executive  officer  appoints  the sheriff as the Coordinator,
28    the  sheriff  may,  in  addition  to  his  or   her   regular
29    compensation,  receive  compensation  at  the  same  level as
30    provided  in  Section  3  of  "An  Act  in  relation  to  the
31    regulation of motor vehicle  traffic  and  the  promotion  of
32    safety  on  public  highways in counties", approved August 9,
33    1951,  as  amended.   The  Coordinator  shall   have   direct
34    responsibility    for   the   organization,   administration,
 
SB860 Engrossed             -23-              LRB9205116JMdvA
 1    training,  and  operation  of  the  emergency  services   and
 2    disaster agency, subject to the direction and control of that
 3    principal  executive  officer.   Each  emergency services and
 4    disaster agency shall coordinate and  may  perform  emergency
 5    management  functions  within  the  territorial limits of the
 6    political subdivision within which it  is  organized  as  are
 7    prescribed in and by the State Emergency Operations Plan, and
 8    programs,    orders,   rules   and   regulations  as  may  be
 9    promulgated by the Illinois Emergency Management  Agency  and
10    by  local  ordinance  and,  in  addition,  shall conduct such
11    functions outside of  those  territorial  limits  as  may  be
12    required  under  mutual  aid  agreements  and compacts as are
13    entered into under  subparagraph  (5)  of  paragraph  (c)  of
14    Section 6.
15        (j)  In  carrying  out  the  provisions of this Act, each
16    political subdivision may  enter  into  contracts  and  incur
17    obligations  necessary  to place it in a position effectively
18    to combat the disasters as are described  in  Section  4,  to
19    protect   the  health  and  safety  of  persons,  to  protect
20    property, and to provide emergency assistance to  victims  of
21    those  disasters.   If  a  disaster  occurs,  each  political
22    subdivision may exercise the powers vested under this Section
23    in the light of the exigencies of the disaster and, excepting
24    mandatory  constitutional requirements, without regard to the
25    procedures  and  formalities  normally  prescribed   by   law
26    pertaining  to  the performance of public work, entering into
27    contracts, the incurring of obligations,  the  employment  of
28    temporary  workers,  the rental of equipment, the purchase of
29    supplies and materials, and the  appropriation,  expenditure,
30    and disposition of public funds and property.
31        (k)  Volunteers  Emergency  services  and disaster agency
32    personnel who, while engaged in a disaster,  an  or  disaster
33    training   exercise,   training   related  to  the  emergency
34    operations  plan  of  the   political   subdivision,   or   a
 
SB860 Engrossed             -24-              LRB9205116JMdvA
 1    search-and-rescue team response to an occurrence or threat of
 2    injury  or  loss  of  life  that  is  beyond  local  response
 3    capabilities, suffer disease, injury or death, shall, for the
 4    purposes  of  benefits under the Workers' Compensation Act or
 5    Workers' Occupational Diseases Act  only,  be  deemed  to  be
 6    employees  of  the  State,  if:  (1)  the  claimant is a duly
 7    qualified and enrolled (sworn  in)  as  a  volunteer  of  the
 8    Illinois Emergency Management Agency or an emergency services
 9    and  disaster  agency  accredited  by  the Illinois Emergency
10    Management  Agency,  and  (2)  if:  (i)  the   claimant   was
11    participating in a an actual disaster as defined in paragraph
12    (e)  of  Section  4  of  this  Act,  (ii)  or the exercise or
13    training  participated  in  was  specifically  and  expressly
14    approved by the Illinois Emergency Management Agency prior to
15    the exercise or training, or (iii) the search-and-rescue team
16    response was to an occurrence or threat of injury or loss  of
17    life  that  was  beyond  local  response capabilities and was
18    specifically and expressly approved by the Illinois Emergency
19    Management  Agency  prior  to  the   search-and-rescue   team
20    response.  Illinois Emergency Management Agency shall use the
21    same criteria for approving an exercise and  utilizing  State
22    volunteers  as  required  for any political subdivision.  The
23    computation of benefits payable under either  of  those  Acts
24    shall  be  based  on  the income commensurate with comparable
25    State employees doing the same type work or income  from  the
26    person's regular employment, whichever is greater.
27        (l)  If  any  person  who is entitled to receive benefits
28    through  the  application  of  this  Section   receives,   in
29    connection  with  the disease, injury or death giving rise to
30    such entitlement,  benefits  under  an  Act  of  Congress  or
31    federal program, benefits payable under this Section shall be
32    reduced  to  the  extent  of the benefits received under that
33    other Act or program.
34        (m) (1)  Prior  to  conducting  an  a  disaster  training
 
SB860 Engrossed             -25-              LRB9205116JMdvA
 1        exercise, the principal executive officer of a  political
 2        subdivision  or  his  or  her designee shall provide area
 3        media with written notification of the disaster  training
 4        exercise.      The   notification   shall  indicate  that
 5        information relating to the  disaster  training  exercise
 6        shall   not   be   released   to  the  public  until  the
 7        commencement of the exercise. The notification shall also
 8        contain a request that the notice be so posted to  ensure
 9        that  all  relevant  media  personnel  are advised of the
10        disaster training exercise before it begins.
11             (2)  During the conduct of an  a  disaster  training
12        exercise,  all  messages,  two-way  radio communications,
13        briefings, status reports, news releases, and other  oral
14        or  written  communications  shall begin and end with the
15        following statement:  "This is an exercise message".
16    (Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.)

17        (20 ILCS 3305/11) (from Ch. 127, par. 1061)
18        Sec. 11.  Local Disaster Declarations.
19        (a)  A  local  disaster  may  be  declared  only  by  the
20    principal executive officer of a  political  subdivision,  or
21    his  or  her  interim  emergency  successor,  as  provided in
22    Section 7 of  the  "Emergency  Interim  Executive  Succession
23    Act".  It  shall  not be continued or renewed for a period in
24    excess of 7 days  except  by  or  with  the  consent  of  the
25    governing  board  of the political subdivision.  Any order or
26    proclamation declaring, continuing, or  terminating  a  local
27    disaster  shall  be  given  prompt  and general publicity and
28    shall be filed  promptly  with  the  county  clerk,  township
29    clerk,  or  the  municipal  clerk, as the case may be, in the
30    area to which it applies.
31        (b)  The effect of a declaration of a local  disaster  is
32    to  activate  the emergency operations plan of that political
33    subdivision and  to  authorize  the  furnishing  of  aid  and
 
SB860 Engrossed             -26-              LRB9205116JMdvA
 1    assistance thereunder.
 2    (Source: P.A. 85-1027.)

 3        (20 ILCS 3305/12) (from Ch. 127, par. 1062)
 4        Sec.  12.   Testing  of  Disaster  Warning  Devices.  The
 5    testing of disaster warning devices including outdoor warning
 6    sirens shall be held only on the first Tuesday of each  month
 7    at  10  o'clock  in  the  morning or during disaster training
 8    exercises that are specifically  and  expressly  approved  in
 9    advance by the Illinois Emergency Management Agency.
10    (Source: P.A. 87-168.)

11        (20 ILCS 3305/13) (from Ch. 127, par. 1063)
12        Sec.  13.   Mutual  aid  arrangements  between  political
13    subdivisions and taxing districts.
14        (a)  The  coordinator  of  each  emergency  services  and
15    disaster  agency  may,  in  collaboration  with  other public
16    agencies within his or her  immediate  vicinity,  develop  or
17    cause  to  be  developed  mutual  aid arrangements with other
18    political subdivisions of taxing districts within this  State
19    for  reciprocal  disaster response and recovery assistance in
20    case a disaster is too great to  be  dealt  with  unassisted.
21    The  mutual  aid  shall not, however, be effective unless and
22    until approved by each of the  political  subdivisions.   The
23    arrangements  shall  be  consistent  with the State Emergency
24    Operations Plan and State emergency management  program,  and
25    in  the event of a disaster as described in Section 4 of this
26    Act, it shall be the duty  of  each  emergency  services  and
27    disaster  agency  to render assistance in accordance with the
28    provisions of the mutual aid arrangements.
29        (b)  The  coordinator  of  an  emergency   services   and
30    disaster agency may, subject to the approval of the Director,
31    assist  in  the  negotiation of mutual aid agreements between
32    this and other states.
 
SB860 Engrossed             -27-              LRB9205116JMdvA
 1    (Source: P.A. 87-168; 88-606, eff. 1-1-95.)

 2        (20 ILCS 3305/15) (from Ch. 127, par. 1065)
 3        Sec. 15.  Immunity.  Neither  the  State,  any  political
 4    subdivision  of  the  State,  nor,  except  in cases of gross
 5    negligence or willful misconduct, the Governor, the Director,
 6    the Principal Executive Officer of a  political  subdivision,
 7    or  the agents, employees, or representatives of any of them,
 8    engaged in any  emergency  management  response  or  recovery
 9    activities, while complying with or attempting to comply with
10    this  Act  or any rule or regulations promulgated pursuant to
11    this Act is liable for the death of or any injury to persons,
12    or damage to property, as a result of  such  activity.   This
13    Section  does  not,  however, apply to political subdivisions
14    and  principal  executive  officers  required   to   maintain
15    emergency  services  and  disaster  agencies  that are not in
16    compliance with  Section  10  of  this  Act,  notwithstanding
17    provisions  of  any  other  laws.   This  Section  does  not,
18    however,  affect  the right of any person to receive benefits
19    to which he or she would otherwise be entitled under this Act
20    under  the  Workers'  Compensation  Act   or   the   Workers'
21    Occupational Diseases Act, or under any pension law, and this
22    Section  does  not  affect  the  right  of any such person to
23    receive  any  benefits  or  compensation  under  any  Act  of
24    Congress.
25    (Source: P.A. 85-1027.)

26        (20 ILCS 3305/18) (from Ch. 127, par. 1068)
27        Sec. 18.  Orders, Rules and Regulations.
28        (a)  The Governor  shall  file  a  copy  of  every  rule,
29    regulation  or  order,  and any amendment thereof made by the
30    Governor him under the provisions of this Act in  the  office
31    of  the Secretary of State.  No rule, regulation or order, or
32    any amendment thereof shall be effective until 10 days  after
 
SB860 Engrossed             -28-              LRB9205116JMdvA
 1    the filing, provided, however, that upon the declaration of a
 2    disaster  by  the  Governor  as is described in Section 7 the
 3    provision  relating  to  the  effective  date  of  any  rule,
 4    regulation, order or amendment  issued  under  this  Act  and
 5    during  the  state  of  disaster  is abrogated, and the rule,
 6    regulation,  order  or  amendment  shall   become   effective
 7    immediately  upon  being  filed  with  the Secretary of State
 8    accompanied by a certificate stating the reason  as  required
 9    by the Illinois Administrative Procedure Act.
10        (b)  Every   emergency   services   and  disaster  agency
11    established pursuant to this Act and the coordinators thereof
12    shall execute and enforce the orders, rules  and  regulations
13    as  may  be made by the Governor under authority of this Act.
14    Each  emergency  services  and  disaster  agency  shall  have
15    available for inspection at its office all orders, rules  and
16    regulations  made  by  the  Governor, or under the Governor's
17    authority.  The Illinois Emergency  Management  Agency  shall
18    furnish  the  orders,  rules  and  regulations  to  each such
19    emergency services and disaster agency.
20    (Source: P.A. 87-168.)

21        (20 ILCS 3305/20) (from Ch. 127, par. 1070)
22        Sec. 20.  Emergency Management Agency;  personnel;  oath.
23    Each  person,  whether  compensated or noncompensated, who is
24    appointed to serve in any capacity in the Illinois  Emergency
25    Management  Agency  or  an  emergency  services  and disaster
26    agency, shall, before entering upon his or her  duties,  take
27    an  oath,  in  writing,  before  the  Director  or before the
28    coordinator of that emergency services and disaster agency or
29    before other persons authorized to administer oaths  in  this
30    State,  which  oath  shall be filed with the Director or with
31    the coordinator of the emergency services and disaster agency
32    with which he or she shall serve  and  which  oath  shall  be
33    substantially as follows:
 
SB860 Engrossed             -29-              LRB9205116JMdvA
 1        "I, _______________, do solemnly swear (or affirm) that I
 2    will support and defend and bear true faith and allegiance to
 3    the Constitution of the United States and the Constitution of
 4    the  State  of  Illinois, and the territory, institutions and
 5    facilities thereof, both  public  and  private,  against  all
 6    enemies,  foreign  and  domestic; that I take this obligation
 7    freely, without any mental reservation or purpose of evasion;
 8    and that I will well and faithfully discharge the duties upon
 9    which I am about to  enter.   And  I  do  further  swear  (or
10    affirm)  that  I do not advocate, nor am I, nor have I been a
11    member of any political party or organization that  advocates
12    the  overthrow  of  the government of the United States or of
13    this State by force or violence; and that during such time as
14    I am affiliated with the (name of political  subdivision),  I
15    will  not advocate nor become a member of any political party
16    or  organization  that  advocates  the   overthrow   of   the
17    government  of the United States or of this State by force or
18    violence."
19    (Source: P.A. 87-168.)

20        (20 ILCS 3305/21) (from Ch. 127, par. 1071)
21        Sec. 21.  No Private Liability.
22        (a)  Any person owning  or  controlling  real  estate  or
23    other  premises  who  voluntarily  and  without  compensation
24    grants  a  license  or  privilege,  or  otherwise permits the
25    designation or use of the whole or any part or parts of  such
26    real estate or premises for the purpose of sheltering persons
27    during  an  actual  or  impending  disaster,  or  a  disaster
28    training  exercise  together  with  his  or her successors in
29    interest, if any, shall not be civilly liable for negligently
30    causing the death of, or injury to, any person  on  or  about
31    such real estate or premises under such license, privilege or
32    other  permission,  or  for   negligently causing loss of, or
33    damage to, the property of such person.
 
SB860 Engrossed             -30-              LRB9205116JMdvA
 1        (b)  Any  private  person,  firm   or   corporation   and
 2    employees  and  agents of such person, firm or corporation in
 3    the performance of a contract with, and under  the  direction
 4    of,  the  State,  or  any  political subdivision of the State
 5    under the provisions of this Act shall not be civilly  liable
 6    for  causing the death of, or injury to, any person or damage
 7    to any property except in the event of willful misconduct.
 8        (c)  Any private person, firm  or  corporation,  and  any
 9    employee  or  agent  of such person, firm or corporation, who
10    renders assistance or advice at the request of the State,  or
11    any  political subdivision of the State under this Act during
12    an actual or impending disaster, shall not be civilly  liable
13    for  causing the death of, or injury to, any person or damage
14    to any property except in the event of willful misconduct.
15        The immunities provided in this subsection (c) shall  not
16    apply  to  any private person, firm or corporation, or to any
17    employee or agent of such person, firm or  corporation  whose
18    act  or  omission  caused  in whole or in part such actual or
19    impending  disaster  and  who  would  otherwise   be   liable
20    therefor.
21    (Source: P.A. 85-1027.)

22        Section   10.    The   Illinois  Emergency  Planning  and
23    Community Right to Know Act is amended by changing Section  8
24    as follows:

25        (430 ILCS 100/8) (from Ch. 111 1/2, par. 7708)
26        Sec. 8.  Local emergency planning committees.
27        (a)  The SERC shall appoint and supervise local emergency
28    planning  committees  in  accordance  with Section 301 of the
29    Federal Act.
30        (b)  Local emergency planning committees shall carry  out
31    all  responsibilities of a local emergency planning committee
32    as specified in applicable Sections of the  Federal  Act  and
 
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 1    the  Illinois  Emergency  Management  Agency Act.  Committees
 2    shall consult and coordinate with the  SERC  and  such  other
 3    local  organizations  as  may be necessary to carry out their
 4    assigned responsibilities.
 5    (Source: P.A. 86-449.)

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