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East Central Reporter

Saturday, September 28, 2024

Shelby County addresses legal barriers with new rescue act

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Kirk Allen | co-founder of the Edgar County Watchdogs | Gary Fritz youtube upload

Kirk Allen | co-founder of the Edgar County Watchdogs | Gary Fritz youtube upload

In May 2023, a dust storm south of Springfield, Illinois resulted in a multi-vehicle pile-up with multiple fatalities on Interstate 55. Emergency personnel from various districts were called to manage the mass casualty incident, which included numerous vehicle extrication and rescue operations. Such multi-jurisdiction responses often raise issues regarding command and coordination. These incidents typically provide valuable training opportunities to prevent future mistakes.

The aftermath of this accident led to legislation permitting the Sangamon County Board to form a Rescue Squad to "assist" other emergency agencies. This language indicates that the squad is not in charge but offers assistance, leaving actual command to local emergency agencies. However, while the legislation focused on Sangamon County, it inadvertently created a statutory prohibition for other counties from forming similar rescue squads.

Some residents in Shelby County have suggested shutting down the Shelby County Rescue because they believe the new law prohibits its existence. However, this interpretation misunderstands the law. The prohibition only applies to counties not named in the legislation and does not affect those already operating under existing statutes like the Hazmat and Technical Rescue Teams Act within county codes.

Although Shelby County Rescue faces issues similar to those that plagued its dive team, insurance claims have been paid and assurances given that the rescue team is covered by insurance—unlike the dive team. Changes in certification standards for technical rescues mean most volunteer agencies cannot meet these requirements, limiting them to tasks such as vehicle and machinery rescue, traffic assistance, and wilderness search operations.

Recognizing these limitations, County Board member Sonny Ross has been working with legislators in Springfield to establish more appropriate legislation for Shelby County's needs. This effort culminated yesterday with unanimous votes in both legislative chambers creating the Shelby County Rescue Act.

Once signed by the Governor and enacted into law, it is expected that action will be taken by the County Board to establish a Rescue Squad under this new framework.

While Ross’s efforts are appreciated for addressing immediate problems, history suggests targeted legislation can lead to unintended consequences when not applied universally across all counties. A more straightforward solution would have been authorizing any county government to form a rescue squad within the original legislation.

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