Public Act 93-0310

HB0345 Enrolled                      LRB093 06754 JAM 06889 b

    AN ACT concerning child abduction.

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

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

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

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

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

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

    Section  20.  The Illinois Police Training Act is amended
by adding Section 10.10 as follows:

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

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

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

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