Illinois General Assembly - Full Text of Public Act 094-0334
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Public Act 094-0334


 

Public Act 0334 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0334
 
HB2250 Enrolled LRB094 03244 RCE 33245 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Emergency Management Act is amended
by changing Sections 4 and 5 as follows:
 
    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)
    Sec. 4. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the meanings ascribed to them in this Section:
    "Coordinator" means the staff assistant to the principal
executive officer of a political subdivision with the duty of
coordinating the emergency management programs of that
political subdivision.
    "Disaster" means an occurrence or threat of widespread or
severe damage, injury or loss of life or property resulting
from any natural or technological cause, including but not
limited to fire, flood, earthquake, wind, storm, hazardous
materials spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air
contamination, blight, extended periods of severe and
inclement weather, drought, infestation, critical shortages of
essential fuels and energy, explosion, riot, hostile military
or paramilitary action, public health emergencies, or acts of
domestic terrorism.
    "Emergency Management" means the efforts of the State and
the political subdivisions to develop, plan, analyze, conduct,
provide, implement and maintain programs for disaster
mitigation, preparedness, response and recovery.
    "Emergency Services and Disaster Agency" means the agency
by this name, by the name Emergency Management Agency, or by
any other name that is established by ordinance within a
political subdivision to coordinate the emergency management
program within that political subdivision and with private
organizations, other political subdivisions, the State and
federal governments.
    "Emergency Operations Plan" means the written plan of the
State and political subdivisions describing the organization,
mission, and functions of the government and supporting
services for responding to and recovering from disasters.
    "Emergency Services" means the coordination of functions
by the State and its political subdivision, other than
functions for which military forces are primarily responsible,
as may be necessary or proper to prevent, minimize, repair, and
alleviate injury and damage resulting from any natural or
technological causes. These functions include, without
limitation, fire fighting services, police services, emergency
aviation services, medical and health services, HazMat and
technical rescue teams, rescue, engineering, warning services,
communications, radiological, chemical and other special
weapons defense, evacuation of persons from stricken or
threatened areas, emergency assigned functions of plant
protection, temporary restoration of public utility services
and other functions related to civilian protection, together
with all other activities necessary or incidental to protecting
life or property.
    "Exercise" means a planned event realistically simulating
a disaster, conducted for the purpose of evaluating the
political subdivision's coordinated emergency management
capabilities, including, but not limited to, testing the
emergency operations plan.
    "HazMat team" means a career or volunteer mobile support
team that has been authorized by a unit of local government to
respond to hazardous materials emergencies and that is
primarily designed for emergency response to chemical or
biological terrorism, radiological emergencies, hazardous
material spills, releases, or fires, or other contamination
events.
    "Illinois Emergency Management Agency" means the agency
established by this Act within the executive branch of State
Government responsible for coordination of the overall
emergency management program of the State and with private
organizations, political subdivisions, and the federal
government. Illinois Emergency Management Agency also means
the State Emergency Response Commission responsible for the
implementation of Title III of the Superfund Amendments and
Reauthorization Act of 1986.
    "Mobile Support Team" means a group of individuals
designated as a team by the Governor or Director to train prior
to and to be dispatched, if the Governor or the Director so
determines, to aid and reinforce the State and political
subdivision emergency management efforts in response to a
disaster.
    "Municipality" means any city, village, and incorporated
town.
    "Political Subdivision" means any county, city, village,
or incorporated town or township if the township is in a county
having a population of more than 2,000,000.
    "Principal Executive Officer" means chair of the county
board, supervisor of a township if the township is in a county
having a population of more than 2,000,000, mayor of a city or
incorporated town, president of a village, or in their absence
or disability, the interim successor as established under
Section 7 of the Emergency Interim Executive Succession Act.
    "Public health emergency" means an occurrence or imminent
threat of an illness or health condition that:
        (a) is believed to be caused by any of the following:
            (i) bioterrorism;
            (ii) the appearance of a novel or previously
        controlled or eradicated infectious agent or
        biological toxin;
            (iii) a natural disaster;
            (iv) a chemical attack or accidental release; or
            (v) a nuclear attack or accident; and
        (b) poses a high probability of any of the following
    harms:
            (i) a large number of deaths in the affected
        population;
            (ii) a large number of serious or long-term
        disabilities in the affected population; or
            (iii) widespread exposure to an infectious or
        toxic agent that poses a significant risk of
        substantial future harm to a large number of people in
        the affected population.
    "Technical rescue team" means a career or volunteer mobile
support team that has been authorized by a unit of local
government to respond to building collapse, high angle rescue,
and other specialized rescue emergencies and that is primarily
designated for emergency response to technical rescue events.
(Source: P.A. 92-73, eff. 1-1-02; 93-249, eff. 7-22-03.)
 
    (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) Develop a 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 65 2005-65 of the
    Department of Nuclear Safety Law of 2004 (20 ILCS 3310) 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.
        (2.6) Coordinate with the Department of Public Health
    with respect to planning for and responding to public
    health emergencies.
        (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. 92-73, eff. 1-1-02; 92-597, eff. 6-28-02; 93-249,
eff. 7-22-03; 93-310, eff. 7-23-03; revised 9-11-03.)
 
    Section 10. The Counties Code is amended by adding Section
5-1127 as follows:
 
    (55 ILCS 5/5-1127 new)
    Sec. 5-1127. HazMat and technical rescue teams.
    (a) The county board of any county may, by ordinance,
authorize a HazMat team to provide emergency response to
chemical and biological terrorism, radiological emergencies,
hazardous material spills, releases, or fires, or other
contamination events. The county board may make reasonable
appropriations from the county treasury to fund and encourage
the formation and operation of a Hazmat team. The ordinance may
provide for benefits to be paid by the county if a team member
suffers disease, injury, or death in the line of duty. A HazMat
team authorized under this subsection may be a not-for-profit
organization exempt from federal income taxes under Section
501(c)(3) of the Internal Revenue Code.
    (b) The county board of any county may, by ordinance,
authorize a technical rescue team to provide emergency response
to building collapse, high angle rescue, and other technical
and specialized rescue emergencies. The county board may make
reasonable appropriations from the county treasury to fund and
encourage the formation and operation of a technical rescue
team. The ordinance may provide for benefits to be paid by the
county if a team member suffers disease, injury, or death in
the line of duty. A technical rescue team authorized under this
subsection may be a not-for-profit organization exempt from
federal income taxes under Section 501(c)(3) of the Internal
Revenue Code.
 
    Section 15. The Illinois Vehicle Code is amended by
changing Sections 1-105 and 6-500 as follows:
 
    (625 ILCS 5/1-105)  (from Ch. 95 1/2, par. 1-105)
    Sec. 1-105. Authorized emergency vehicle. Emergency
vehicles of municipal departments or public service
corporations as are designated or authorized by proper local
authorities; police vehicles; vehicles of the fire department;
vehicles of a HazMat or technical rescue team authorized by a
county board under Section 5-1127 of the Counties Code;
ambulances; vehicles of the Illinois Emergency Management
Agency; and vehicles of the Illinois Department of Public
Health. ; and vehicles of the Department of Nuclear Safety.
(Source: P.A. 92-138, eff. 7-24-01; 93-829, eff. 7-28-04.)
 
    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
    Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
    (1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
    (2) Alcohol concentration. "Alcohol concentration" means:
        (A) the number of grams of alcohol per 210 liters of
    breath; or
        (B) the number of grams of alcohol per 100 milliliters
    of blood; or
        (C) the number of grams of alcohol per 67 milliliters
    of urine.
    Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
    (3) (Blank).
    (4) (Blank).
    (5) (Blank).
    (6) Commercial Motor Vehicle.
        (A) "Commercial motor vehicle" means a motor vehicle,
    except those referred to in subdivision (B), designed to
    transport passengers or property if:
            (i) the vehicle has a GVWR of 26,001 pounds or more
        or such a lesser GVWR as subsequently determined by
        federal regulations or the Secretary of State; or any
        combination of vehicles with a GCWR of 26,001 pounds or
        more, provided the GVWR of any vehicle or vehicles
        being towed is 10,001 pounds or more; or
            (ii) the vehicle is designed to transport 16 or
        more persons; or
            (iii) the vehicle is transporting hazardous
        materials and is required to be placarded in accordance
        with 49 C.F.R. Part 172, subpart F.
        (B) Pursuant to the interpretation of the Commercial
    Motor Vehicle Safety Act of 1986 by the Federal Highway
    Administration, the definition of "commercial motor
    vehicle" does not include:
            (i) recreational vehicles, when operated primarily
        for personal use;
            (ii) United States Department of Defense vehicles
        being operated by non-civilian personnel. This
        includes any operator on active military duty; members
        of the Reserves; National Guard; personnel on
        part-time training; and National Guard military
        technicians (civilians who are required to wear
        military uniforms and are subject to the Code of
        Military Justice); or
            (iii) firefighting and other emergency equipment
        (including, without limitation, equipment owned or
        operated by a HazMat or technical rescue team
        authorized by a county board under Section 5-1127 of
        the Counties Code), with audible and visual signals,
        owned or operated by or for a governmental entity,
        which is necessary to the preservation of life or
        property or the execution of emergency governmental
        functions which are normally not subject to general
        traffic rules and regulations.
    (7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act.
    (8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; the
payment of a fine or court cost regardless of whether the
imposition of sentence is deferred and ultimately a judgment
dismissing the underlying charge is entered; or a violation of
a condition of release without bail, regardless of whether or
not the penalty is rebated, suspended or probated.
    (9) (Blank).
    (10) (Blank).
    (11) (Blank).
    (12) (Blank).
    (13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, or who is required to hold a CDL.
    (14) Employee. "Employee" means a person who is employed as
a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees. An
owner-operator on a long-term lease shall be considered an
employee.
    (15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate such
a vehicle. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA.
    (16) (Blank).
    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
    (18) (Blank).
    (19) (Blank).
    (20) Hazardous Material. Upon a finding by the United
States Secretary of Transportation, in his or her discretion,
under 49 App. U.S.C. 5103(a), that the transportation of a
particular quantity and form of material in commerce may pose
an unreasonable risk to health and safety or property, he or
she shall designate the quantity and form of material or group
or class of the materials as a hazardous material. The
materials so designated may include but are not limited to
explosives, radioactive materials, etiologic agents, flammable
liquids or solids, combustible liquids or solids, poisons,
oxidizing or corrosive materials, and compressed gases.
    (21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for a
period of more than 29 days.
    (22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but not
operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
    (23) Non-resident CDL. "Non-resident CDL" means a
commercial driver's license issued by a state to an individual
who is domiciled in a foreign jurisdiction.
    (24) (Blank).
    (25) (Blank).
    (25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
            (A) Section 11-1201, 11-1202, or 11-1425 of this
        Code.
            (B) (C) (D) (E) (F) (G) (H) Any other similar law
        or local ordinance of any state relating to
        railroad-highway grade crossing. (A) (G)
    (26) Serious Traffic Violation. "Serious traffic
violation" means:
        (A) a conviction when operating a commercial motor
    vehicle of:
            (i) a violation relating to excessive speeding,
        involving a single speeding charge of 15 miles per hour
        or more above the legal speed limit; or
            (ii) a violation relating to reckless driving; or
            (iii) a violation of any State law or local
        ordinance relating to motor vehicle traffic control
        (other than parking violations) arising in connection
        with a fatal traffic accident; or
            (iv) a violation of Section 6-501, relating to
        having multiple driver's licenses; or
            (v) a violation of paragraph (a) of Section 6-507,
        relating to the requirement to have a valid CDL; or
            (vi) a violation relating to improper or erratic
        traffic lane changes; or
            (vii) a violation relating to following another
        vehicle too closely; or
        (B) any other similar violation of a law or local
    ordinance of any state relating to motor vehicle traffic
    control, other than a parking violation, which the
    Secretary of State determines by administrative rule to be
    serious.
    (27) State. "State" means a state of the United States, the
District of Columbia and any province or territory of Canada.
    (28) (Blank).
    (29) (Blank).
    (30) (Blank).
    (31) (Blank).
(Source: P.A. 92-249, eff. 1-1-02; 92-651, eff. 7-11-02;
92-834, eff. 8-22-02; revised 8-26-02.)

Effective Date: 1/1/2006