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.