Sen. Mike Porfirio
Filed: 5/24/2024
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1 | AMENDMENT TO SENATE BILL 3240 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3240 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Civil Administrative Code of Illinois is | ||||||
5 | amended by changing Sections 5-15, 5-20, and 5-160 and by | ||||||
6 | adding Section 5-425 as follows: | ||||||
7 | (20 ILCS 5/5-15) (was 20 ILCS 5/3) | ||||||
8 | Sec. 5-15. Departments of State government. The | ||||||
9 | Departments of State government are created as follows: | ||||||
10 | The Department on Aging. | ||||||
11 | The Department of Agriculture. | ||||||
12 | The Department of Central Management Services. | ||||||
13 | The Department of Children and Family Services. | ||||||
14 | The Department of Commerce and Economic Opportunity. | ||||||
15 | The Department of Corrections. | ||||||
16 | The Department of Employment Security. |
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1 | The Illinois Emergency Management Agency and Office of | ||||||
2 | Homeland Security . | ||||||
3 | The Department of Financial and Professional Regulation. | ||||||
4 | The Department of Healthcare and Family Services. | ||||||
5 | The Department of Human Rights. | ||||||
6 | The Department of Human Services. | ||||||
7 | The Department of Innovation and Technology. | ||||||
8 | The Department of Insurance. | ||||||
9 | The Department of Juvenile Justice. | ||||||
10 | The Department of Labor. | ||||||
11 | The Department of the Lottery. | ||||||
12 | The Department of Natural Resources. | ||||||
13 | The Department of Public Health. | ||||||
14 | The Department of Revenue. | ||||||
15 | The Illinois State Police. | ||||||
16 | The Department of Transportation. | ||||||
17 | The Department of Veterans' Affairs. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
19 | (20 ILCS 5/5-20) (was 20 ILCS 5/4) | ||||||
20 | Sec. 5-20. Heads of departments. Each department shall | ||||||
21 | have an officer as its head who shall be known as director or | ||||||
22 | secretary and who shall, subject to the provisions of the | ||||||
23 | Civil Administrative Code of Illinois, execute the powers and | ||||||
24 | discharge the duties vested by law in his or her respective | ||||||
25 | department. |
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1 | The following officers are hereby created: | ||||||
2 | Director of Aging, for the Department on Aging. | ||||||
3 | Director of Agriculture, for the Department of | ||||||
4 | Agriculture. | ||||||
5 | Director of Central Management Services, for the | ||||||
6 | Department of Central Management Services. | ||||||
7 | Director of Children and Family Services, for the | ||||||
8 | Department of Children and Family Services. | ||||||
9 | Director of Commerce and Economic Opportunity, for the | ||||||
10 | Department of Commerce and Economic Opportunity. | ||||||
11 | Director of Corrections, for the Department of | ||||||
12 | Corrections. | ||||||
13 | Director of the Illinois Emergency Management Agency and | ||||||
14 | Office of Homeland Security , for the Illinois Emergency | ||||||
15 | Management Agency and Office of Homeland Security . | ||||||
16 | Director of Employment Security, for the Department of | ||||||
17 | Employment Security. | ||||||
18 | Secretary of Financial and Professional Regulation, for | ||||||
19 | the Department of Financial and Professional Regulation. | ||||||
20 | Director of Healthcare and Family Services, for the | ||||||
21 | Department of Healthcare and Family Services. | ||||||
22 | Director of Human Rights, for the Department of Human | ||||||
23 | Rights. | ||||||
24 | Secretary of Human Services, for the Department of Human | ||||||
25 | Services. | ||||||
26 | Secretary of Innovation and Technology, for the Department |
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1 | of Innovation and Technology. | ||||||
2 | Director of Insurance, for the Department of Insurance. | ||||||
3 | Director of Juvenile Justice, for the Department of | ||||||
4 | Juvenile Justice. | ||||||
5 | Director of Labor, for the Department of Labor. | ||||||
6 | Director of the Lottery, for the Department of the | ||||||
7 | Lottery. | ||||||
8 | Director of Natural Resources, for the Department of | ||||||
9 | Natural Resources. | ||||||
10 | Director of Public Health, for the Department of Public | ||||||
11 | Health. | ||||||
12 | Director of Revenue, for the Department of Revenue. | ||||||
13 | Director of the Illinois State Police, for the Illinois | ||||||
14 | State Police. | ||||||
15 | Secretary of Transportation, for the Department of | ||||||
16 | Transportation. | ||||||
17 | Director of Veterans' Affairs, for the Department of | ||||||
18 | Veterans' Affairs. | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
20 | (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h) | ||||||
21 | Sec. 5-160. In the Illinois Emergency Management Agency | ||||||
22 | and Office of Homeland Security . Assistant Director of the | ||||||
23 | Emergency Management Agency and Office of Homeland Security . | ||||||
24 | (Source: P.A. 93-1029, eff. 8-25-04.) |
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1 | (20 ILCS 5/5-425 new) | ||||||
2 | Sec. 5-425. In the Illinois Emergency Management Agency | ||||||
3 | and Office of Homeland Security. For terms beginning on or | ||||||
4 | after January 16, 2023, the Director shall receive an annual | ||||||
5 | salary of $180,000 or as set by the Governor, whichever is | ||||||
6 | higher. On July 1, 2023, and on each July 1 thereafter, the | ||||||
7 | Director shall receive an increase in salary based on a cost of | ||||||
8 | living adjustment as authorized by Senate Joint Resolution 192 | ||||||
9 | of the 86th General Assembly. | ||||||
10 | For terms beginning on or after January 16, 2023, the | ||||||
11 | Assistant Director of the Illinois Emergency Management Agency | ||||||
12 | and Office of Homeland Security shall receive an annual salary | ||||||
13 | of $156,600 or as set by the Governor, whichever is higher. On | ||||||
14 | July 1, 2023, and on each July 1 thereafter, the Assistant | ||||||
15 | Director shall receive an increase in salary based on a cost of | ||||||
16 | living adjustment as authorized by Senate Joint Resolution 192 | ||||||
17 | of the 86th General Assembly. | ||||||
18 | Section 10. The Military Code of Illinois is amended by | ||||||
19 | adding Section 29.1 as follows: | ||||||
20 | (20 ILCS 1805/29.1 new) | ||||||
21 | Sec. 29.1. Creation of Illinois Cyber Auxiliary Force. | ||||||
22 | (a) The Governor may organize and maintain within this | ||||||
23 | State, on a reserve basis, a volunteer civilian cybersecurity | ||||||
24 | auxiliary force, known as the Illinois Cyber Auxiliary Force |
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1 | (ICAF), that is capable of being expanded and trained to | ||||||
2 | educate and protect from cyber incidents State, county, and | ||||||
3 | local government entities and critical infrastructure, | ||||||
4 | including election systems, businesses, and the citizens of | ||||||
5 | this State. In the case of a disaster proclaimed by the | ||||||
6 | Governor, or caused by illicit actors or imminent danger, the | ||||||
7 | Governor, as Commander-in-Chief, shall expand the ICAF as the | ||||||
8 | exigency of the occasion requires. | ||||||
9 | (b) The ICAF shall be operated as an interagency effort | ||||||
10 | between the Department of Military Affairs (IDMA), the | ||||||
11 | Illinois Emergency Management Agency and Office of Homeland | ||||||
12 | Security (IEMA-OHS), and the Department of Innovation and | ||||||
13 | Technology (DoIT). | ||||||
14 | (1) IEMA-OHS shall have oversight of the entire | ||||||
15 | program and act as the lead agency for the ICAF for mission | ||||||
16 | and project development. The Homeland Security Advisor | ||||||
17 | shall be the final approval for ICAF missions. IEMA-OHS | ||||||
18 | shall be responsible for the evaluation and exercising of | ||||||
19 | the ICAF. | ||||||
20 | (2) DoIT shall evaluate threats and recommend missions | ||||||
21 | to the Homeland Security Advisor. DoIT shall develop | ||||||
22 | standards and training for ICAF members, while ensuring | ||||||
23 | their training and credentials meet mission requirements. | ||||||
24 | DoIT cyber navigators may provide liaison support to the | ||||||
25 | ICAF. | ||||||
26 | (3) IDMA shall focus on recruiting, manning, and |
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1 | mission assignments. IDMA shall provide key sustainment | ||||||
2 | requirements, such as pay and reimbursement for missions | ||||||
3 | utilizing existing State Active Duty systems and | ||||||
4 | processes. The Adjutant General, in cooperation with the | ||||||
5 | Homeland Security Advisor, shall request activation of | ||||||
6 | ICAF for cyber incident response. IDMA shall stock and | ||||||
7 | issue uniform articles as required. | ||||||
8 | (c) Appropriate training shall be provided to current and | ||||||
9 | potential members of the ICAF. While performing training and | ||||||
10 | other volunteer duties such as public engagement, current and | ||||||
11 | potential auxiliary members shall serve in an unpaid volunteer | ||||||
12 | status. | ||||||
13 | (d) The ICAF shall use funds appropriated by the General | ||||||
14 | Assembly for the actual and necessary expenses incurred by the | ||||||
15 | ICAF for administration, training, and deployment of the ICAF, | ||||||
16 | at the discretion of the Director of IEMA-OHS or the | ||||||
17 | Director's designee. Expenses for administration, training, | ||||||
18 | and deployment may include, but are not limited to, permanent | ||||||
19 | or temporary State employees or contractual internal or | ||||||
20 | external administrative staff, travel, and subsistence | ||||||
21 | expenses, the purchase or rental of equipment and hardware, | ||||||
22 | and local operational support. | ||||||
23 | (e) The Director of IEMA-OHS shall adopt rules consistent | ||||||
24 | with the provisions of law governing the membership, | ||||||
25 | organization, administration, equipment, and maintenance of | ||||||
26 | the ICAF. |
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1 | (f) ICAF members may not be called or ordered into the | ||||||
2 | military service of the United States. | ||||||
3 | (g) No person shall be accepted into the ICAF who is not a | ||||||
4 | United States national or a lawful permanent resident. | ||||||
5 | Applicants shall be subject to an appropriate background | ||||||
6 | check, in accordance with rules adopted by the Director of | ||||||
7 | IEMA-OHS, before admittance into the ICAF. Notwithstanding any | ||||||
8 | other provision of this Code, no person shall be disqualified | ||||||
9 | from acceptance into the ICAF on the basis that the person is | ||||||
10 | an employee of the State or a political subdivision of the | ||||||
11 | State, or an employee or proprietor of a private entity that | ||||||
12 | conducts business with the State or a political subdivision of | ||||||
13 | the State. | ||||||
14 | (h) The Director of IEMA-OHS may accept the resignation of | ||||||
15 | any ICAF member at any time. ICAF members serve at the pleasure | ||||||
16 | of the Governor and may be removed from the auxiliary in | ||||||
17 | accordance with adopted rules. The Director of IEMA-OHS may | ||||||
18 | require reimbursement for training, equipment, and uniforms if | ||||||
19 | an ICAF member does not serve the full term of the member's | ||||||
20 | membership agreement and the member's inability to serve out | ||||||
21 | the term of the membership agreement was not due to a | ||||||
22 | disability or a similar disabling medical condition. | ||||||
23 | (i) The Governor, may authorize the Director of IEMA-OHS | ||||||
24 | to employ individuals or units of the ICAF as compensated | ||||||
25 | State employees using IDMA State Active Duty procedures to | ||||||
26 | protect State, county, and local government entities and |
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1 | critical infrastructure, including election systems, or for | ||||||
2 | training as the Governor determines necessary. | ||||||
3 | Section 15. The Illinois Emergency Management Agency Act | ||||||
4 | is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, | ||||||
5 | 14, 18, 20, and 23 and by adding Sections 24 and 25 as follows: | ||||||
6 | (20 ILCS 3305/1) (from Ch. 127, par. 1051) | ||||||
7 | Sec. 1. Short Title. This Act may be cited as the IEMA-OHS | ||||||
8 | Illinois Emergency Management Agency Act. | ||||||
9 | (Source: P.A. 87-168.) | ||||||
10 | (20 ILCS 3305/2) (from Ch. 127, par. 1052) | ||||||
11 | Sec. 2. Policy and purposes Purposes . | ||||||
12 | (a) Because of the possibility of the occurrence of | ||||||
13 | disasters of unprecedented size and destructiveness resulting | ||||||
14 | from the explosion in this or in neighboring states of atomic | ||||||
15 | or other means from without or by means of sabotage or other | ||||||
16 | disloyal actions within, or from fire, flood, earthquake, | ||||||
17 | telecommunications failure, or other natural or technological | ||||||
18 | causes, and in order to insure that this State will be prepared | ||||||
19 | to and will adequately deal with any disasters, preserve the | ||||||
20 | lives and property of the people of this State and protect the | ||||||
21 | public peace, health, and safety in the event of a disaster, it | ||||||
22 | is found and declared to be necessary: | ||||||
23 | (1) To create a State emergency management and |
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1 | homeland security agency an Illinois Emergency Management | ||||||
2 | Agency and to authorize emergency management and homeland | ||||||
3 | security programs within the political subdivisions of the | ||||||
4 | State. | ||||||
5 | (2) To confer upon the Governor and upon the principal | ||||||
6 | executive officer of the political subdivisions of the | ||||||
7 | State the powers provided herein. | ||||||
8 | (3) To provide for the rendering of mutual aid among | ||||||
9 | the political subdivisions and taxing districts of the | ||||||
10 | State and with other states and with respect to the | ||||||
11 | carrying out of an emergency management and homeland | ||||||
12 | security programs program . | ||||||
13 | (b) It is further declared to be the purpose of this Act | ||||||
14 | and the policy of the State that all emergency management and | ||||||
15 | homeland security programs of this State be coordinated to the | ||||||
16 | maximum extent with the comparable programs of the federal | ||||||
17 | government, including its various departments and agencies, of | ||||||
18 | other states and localities and private agencies of every | ||||||
19 | type, to the end that the most effective preparation and use | ||||||
20 | may be made of the nation's resources and facilities for | ||||||
21 | dealing with any disaster that may occur. | ||||||
22 | (Source: P.A. 87-168; 88-606, eff. 1-1-95.) | ||||||
23 | (20 ILCS 3305/4) (from Ch. 127, par. 1054) | ||||||
24 | Sec. 4. Definitions. As used in this Act, unless the | ||||||
25 | context clearly indicates otherwise, the following words and |
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1 | terms have the meanings ascribed to them in this Section: | ||||||
2 | "Agency" or "IEMA-OHS" means the Illinois Emergency | ||||||
3 | Management Agency and Office of Homeland Security. | ||||||
4 | "Coordinator" means the staff assistant to the principal | ||||||
5 | executive officer of a political subdivision with the duty of | ||||||
6 | coordinating the emergency management programs of that | ||||||
7 | political subdivision. | ||||||
8 | "Cyber incident" means an event occurring on or conducted | ||||||
9 | through a computer network that actually or imminently | ||||||
10 | jeopardizes the integrity, confidentiality, or availability of | ||||||
11 | computers, information , or communications systems or networks, | ||||||
12 | physical or virtual infrastructure controlled by computers or | ||||||
13 | information systems, or information resident thereon that | ||||||
14 | affect or control infrastructure or communications networks | ||||||
15 | utilized by the public. "Cyber incident" includes a | ||||||
16 | vulnerability in information systems, system security | ||||||
17 | procedures, internal controls, or implementations that could | ||||||
18 | be exploited by a threat source that affect or control | ||||||
19 | infrastructure or communications networks utilized by the | ||||||
20 | public. | ||||||
21 | "Director" means the Director of the Illinois Emergency | ||||||
22 | Management Agency and Office of Homeland Security. | ||||||
23 | "Disaster" means an occurrence or threat of widespread or | ||||||
24 | severe damage, injury , or loss of life or property resulting | ||||||
25 | from any natural, technological, or human cause, including , | ||||||
26 | but not limited to fire, flood, earthquake, wind, storm, |
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1 | hazardous materials spill or other water contamination | ||||||
2 | requiring emergency action to avert danger or damage, | ||||||
3 | epidemic, air contamination, blight, extended periods of | ||||||
4 | severe and inclement weather, drought, infestation, critical | ||||||
5 | shortages of essential fuels and energy, explosion, riot, | ||||||
6 | hostile military or paramilitary action, public health | ||||||
7 | emergencies, cyber incidents, or acts of domestic terrorism. | ||||||
8 | "Emergency management Management " means the efforts of the | ||||||
9 | State and the political subdivisions to develop, plan, | ||||||
10 | analyze, conduct, provide, implement , and maintain programs | ||||||
11 | for disaster mitigation, preparedness, response , and recovery. | ||||||
12 | "Emergency Services and Disaster Agency" means the agency | ||||||
13 | by this name, by the name Emergency Management Agency, or by | ||||||
14 | any other name that is established by ordinance within a | ||||||
15 | political subdivision to coordinate the emergency management | ||||||
16 | program within that political subdivision and with private | ||||||
17 | organizations, other political subdivisions, the State , and | ||||||
18 | federal governments. | ||||||
19 | "Emergency operations plan Operations Plan " means the | ||||||
20 | written plan of the State and political subdivisions | ||||||
21 | describing the organization, mission, and functions of the | ||||||
22 | government and supporting services for responding to and | ||||||
23 | recovering from disasters and shall include plans that take | ||||||
24 | into account the needs of those individuals with household | ||||||
25 | pets and service animals following a major disaster or | ||||||
26 | emergency. |
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1 | "Emergency services Services " means the coordination of | ||||||
2 | functions by the State and its political subdivisions | ||||||
3 | subdivision , other than functions for which military forces | ||||||
4 | are primarily responsible, as may be necessary or proper to | ||||||
5 | prevent, minimize, repair, and alleviate injury and damage | ||||||
6 | resulting from any natural or technological causes. These | ||||||
7 | functions include, without limitation, fire fighting services, | ||||||
8 | police services, emergency aviation services, medical and | ||||||
9 | health services, HazMat and technical rescue teams, rescue, | ||||||
10 | engineering, warning services, communications, radiological, | ||||||
11 | chemical and other special weapons defense, evacuation of | ||||||
12 | persons from stricken or threatened areas, emergency assigned | ||||||
13 | functions of plant protection, temporary restoration of public | ||||||
14 | utility services , and other functions related to civilian | ||||||
15 | protection, together with all other activities necessary or | ||||||
16 | incidental to protecting life or property. | ||||||
17 | "Exercise" means an event or activity delivered through | ||||||
18 | discussion or action to develop, assess, or validate | ||||||
19 | capabilities to achieve planned objectives. a planned event | ||||||
20 | realistically simulating a disaster, conducted for the purpose | ||||||
21 | of evaluating the political subdivision's coordinated | ||||||
22 | emergency management capabilities, including, but not limited | ||||||
23 | to, testing the emergency operations plan. | ||||||
24 | "HazMat team" means a career or volunteer mobile support | ||||||
25 | team that has been authorized by a unit of local government to | ||||||
26 | respond to hazardous materials emergencies and that is |
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1 | primarily designed for emergency response to chemical or | ||||||
2 | biological terrorism, radiological emergencies, hazardous | ||||||
3 | material spills, releases, or fires, or other contamination | ||||||
4 | events. | ||||||
5 | "Illinois Emergency Management Agency and Office of | ||||||
6 | Homeland Security " or "Agency" means the agency established by | ||||||
7 | this Act within the executive branch of State Government | ||||||
8 | responsible for coordination of the overall emergency | ||||||
9 | management and homeland security programs program of the State | ||||||
10 | and with private organizations, political subdivisions, and | ||||||
11 | the federal government. " Illinois Emergency Management Agency | ||||||
12 | and Office of Homeland Security" also means the State | ||||||
13 | Emergency Response Commission responsible for the | ||||||
14 | implementation of Title III of the Superfund Amendments and | ||||||
15 | Reauthorization Act of 1986. | ||||||
16 | "Interoperable communications" means communications, | ||||||
17 | including the exchange of voice data, and video on demand in | ||||||
18 | real time, by emergency response providers and relevant State | ||||||
19 | and local government agencies through a dedicated public | ||||||
20 | safety network using information technology systems and radio | ||||||
21 | communications systems. | ||||||
22 | "Mobile support team Support Team " means a group of | ||||||
23 | individuals designated as a team by the Governor or Director | ||||||
24 | to train prior to and to be dispatched, if the Governor or the | ||||||
25 | Director so determines, to aid and reinforce the State and | ||||||
26 | political subdivision emergency management efforts in response |
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1 | to a disaster. | ||||||
2 | "Municipality" means any city, village, and incorporated | ||||||
3 | town. | ||||||
4 | "Political subdivision Subdivision " means any county, | ||||||
5 | city, village, or incorporated town or township if the | ||||||
6 | township is in a county having a population of more than | ||||||
7 | 2,000,000. | ||||||
8 | "Principal executive officer Executive Officer " means | ||||||
9 | chair of the county board, supervisor of a township if the | ||||||
10 | township is in a county having a population of more than | ||||||
11 | 2,000,000, mayor of a city or incorporated town, president of | ||||||
12 | a village, or in their absence or disability, the interim | ||||||
13 | successor as established under Section 7 of the Emergency | ||||||
14 | Interim Executive Succession Act. | ||||||
15 | "Public health emergency" means an occurrence or imminent | ||||||
16 | threat of an illness or health condition that: | ||||||
17 | (a) is believed to be caused by any of the following: | ||||||
18 | (i) bioterrorism; | ||||||
19 | (ii) the appearance of a novel or previously | ||||||
20 | controlled or eradicated infectious agent or | ||||||
21 | biological toxin; | ||||||
22 | (iii) a natural disaster; | ||||||
23 | (iv) a chemical attack or accidental release; or | ||||||
24 | (v) a nuclear attack or accident; and | ||||||
25 | (b) poses a high probability of any of the following | ||||||
26 | harms: |
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1 | (i) a large number of deaths in the affected | ||||||
2 | population; | ||||||
3 | (ii) a large number of serious or long-term | ||||||
4 | disabilities in the affected population; or | ||||||
5 | (iii) widespread exposure to an infectious or | ||||||
6 | toxic agent that poses a significant risk of | ||||||
7 | substantial future harm to a large number of people in | ||||||
8 | the affected population. | ||||||
9 | "Statewide mutual aid organization" means an entity with | ||||||
10 | local government members throughout the State that facilitates | ||||||
11 | temporary assistance through its members in a particular | ||||||
12 | public safety discipline, such as police, fire , or emergency | ||||||
13 | management, when an occurrence exceeds a member jurisdiction's | ||||||
14 | capabilities. | ||||||
15 | "Technical rescue team" means a career or volunteer mobile | ||||||
16 | support team that has been authorized by a unit of local | ||||||
17 | government to respond to building collapse, high angle rescue, | ||||||
18 | and other specialized rescue emergencies and that is primarily | ||||||
19 | designated for emergency response to technical rescue events. | ||||||
20 | (Source: P.A. 102-485, eff. 8-20-21.) | ||||||
21 | (20 ILCS 3305/5) (from Ch. 127, par. 1055) | ||||||
22 | Sec. 5. Illinois Emergency Management Agency and Office of | ||||||
23 | Homeland Security . | ||||||
24 | (a) Establishment of the Illinois Emergency Management | ||||||
25 | Agency and Office of Homeland Security. There is created |
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1 | within the executive branch of the State Government an | ||||||
2 | Illinois Emergency Management Agency and Office of Homeland | ||||||
3 | Security and a Director of the Illinois Emergency Management | ||||||
4 | Agency and Office of Homeland Security , herein called the | ||||||
5 | "Director" who shall be the head of the Agency thereof . The | ||||||
6 | Director shall be appointed by the Governor, with the advice | ||||||
7 | and consent of the Senate, and shall serve for a term of 2 | ||||||
8 | years beginning on the third Monday in January of the | ||||||
9 | odd-numbered year, and until a successor is appointed and has | ||||||
10 | qualified ; except that the term of the first Director | ||||||
11 | appointed under this Act shall expire on the third Monday in | ||||||
12 | January, 1989 . The Director shall not hold any other | ||||||
13 | remunerative public office. For terms beginning after January | ||||||
14 | 18, 2019 (the effective date of Public Act 100-1179) and | ||||||
15 | before January 16, 2023, the annual salary of the Director | ||||||
16 | shall be as provided in Section 5-300 of the Civil | ||||||
17 | Administrative Code of Illinois. Notwithstanding any other | ||||||
18 | provision of law, for terms beginning on or after January 16, | ||||||
19 | 2023, the Director shall receive an annual salary of $180,000 | ||||||
20 | or as set by the Governor, whichever is higher. On July 1, | ||||||
21 | 2023, and on each July 1 thereafter, the Director shall | ||||||
22 | receive an increase in salary based on a cost of living | ||||||
23 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
24 | 86th General Assembly. | ||||||
25 | For terms beginning on or after January 16, 2023, the | ||||||
26 | Assistant Director of the Illinois Emergency Management Agency |
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1 | shall receive an annual salary of $156,600 or as set by the | ||||||
2 | Governor, whichever is higher. On July 1, 2023, and on each | ||||||
3 | July 1 thereafter, the Assistant Director shall receive an | ||||||
4 | increase in salary based on a cost of living adjustment as | ||||||
5 | authorized by Senate Joint Resolution 192 of the 86th General | ||||||
6 | Assembly. | ||||||
7 | (b) Agency personnel. The Illinois Emergency Management | ||||||
8 | Agency shall obtain, under the provisions of the Personnel | ||||||
9 | Code, technical, clerical, stenographic , and other | ||||||
10 | administrative personnel, and may make expenditures within the | ||||||
11 | appropriation therefor as may be necessary to carry out the | ||||||
12 | purpose of this Act. The agency created by this Act is intended | ||||||
13 | to be a successor to the agency created under the Illinois | ||||||
14 | Emergency Services and Disaster Agency Act of 1975 and the | ||||||
15 | personnel, equipment, records, and appropriations of that | ||||||
16 | agency are transferred to the successor agency as of June 30, | ||||||
17 | 1988 (the effective date of this Act). | ||||||
18 | (c) Responsibilities of the Director. The Director, | ||||||
19 | subject to the direction and control of the Governor, shall be | ||||||
20 | the executive head of the Illinois Emergency Management Agency | ||||||
21 | and the State Emergency Response Commission and shall be | ||||||
22 | responsible under the direction of the Governor, for carrying | ||||||
23 | out the programs program for emergency management , nuclear and | ||||||
24 | radiation safety, and homeland security of this State. The | ||||||
25 | Director shall also maintain liaison and cooperate with the | ||||||
26 | emergency management , nuclear and radiation safety, and |
| |||||||
| |||||||
1 | homeland security organizations of this State and other states | ||||||
2 | and of the federal government. | ||||||
3 | (d) Local emergency operations planning. The Illinois | ||||||
4 | Emergency Management Agency shall take an integral part in the | ||||||
5 | development and revision of political subdivision emergency | ||||||
6 | operations plans prepared under paragraph (f) of Section 10. | ||||||
7 | To this end it shall employ or otherwise secure the services of | ||||||
8 | professional and technical personnel capable of providing | ||||||
9 | expert assistance to the emergency services and disaster | ||||||
10 | agencies. These personnel shall consult with emergency | ||||||
11 | services and disaster agencies on a regular basis and shall | ||||||
12 | make field examinations of the areas, circumstances, and | ||||||
13 | conditions that particular political subdivision emergency | ||||||
14 | operations plans are intended to apply. | ||||||
15 | (e) Local Emergency Planning Committee. The Illinois | ||||||
16 | Emergency Management Agency and political subdivisions shall | ||||||
17 | be encouraged to form an emergency management advisory | ||||||
18 | committee composed of private and public personnel | ||||||
19 | representing the emergency management phases of mitigation, | ||||||
20 | preparedness, response, and recovery. The Local Emergency | ||||||
21 | Planning Committee, as created under the Illinois Emergency | ||||||
22 | Planning and Community Right to Know Act, shall serve as an | ||||||
23 | advisory committee to the emergency services and disaster | ||||||
24 | agency or agencies serving within the boundaries of that Local | ||||||
25 | Emergency Planning Committee planning district for: | ||||||
26 | (1) the development of emergency operations plan |
| |||||||
| |||||||
1 | provisions for hazardous chemical emergencies; and | ||||||
2 | (2) the assessment of emergency response capabilities | ||||||
3 | related to hazardous chemical emergencies. | ||||||
4 | (f) Emergency management responsibilities of the Agency. | ||||||
5 | The Illinois Emergency Management Agency shall: | ||||||
6 | (1) Coordinate the overall emergency management | ||||||
7 | program of the State. | ||||||
8 | (2) Cooperate with local governments, the federal | ||||||
9 | government, and any public or private agency or entity in | ||||||
10 | achieving any purpose of this Act and in implementing | ||||||
11 | emergency management programs for mitigation, | ||||||
12 | preparedness, response, and recovery. | ||||||
13 | (2.5) (Blank). Develop a comprehensive emergency | ||||||
14 | preparedness and response plan for any nuclear accident in | ||||||
15 | accordance with Section 65 of the Nuclear Safety Law of | ||||||
16 | 2004 and in development of the Illinois Nuclear Safety | ||||||
17 | Preparedness program in accordance with Section 8 of the | ||||||
18 | Illinois Nuclear Safety Preparedness Act. | ||||||
19 | (2.6) Coordinate with the Department of Public Health | ||||||
20 | with respect to planning for and responding to public | ||||||
21 | health emergencies. | ||||||
22 | (3) Prepare, for issuance by the Governor, executive | ||||||
23 | orders, proclamations, and regulations as necessary or | ||||||
24 | appropriate in coping with disasters. | ||||||
25 | (4) Promulgate rules and requirements for political | ||||||
26 | subdivision emergency operations plans that are not |
| |||||||
| |||||||
1 | inconsistent with and are at least as stringent as | ||||||
2 | applicable federal laws and regulations. | ||||||
3 | (5) Review and approve, in accordance with Illinois | ||||||
4 | Emergency Management Agency rules, emergency operations | ||||||
5 | plans for those political subdivisions required to have an | ||||||
6 | emergency services and disaster agency pursuant to this | ||||||
7 | Act. | ||||||
8 | (5.5) Promulgate rules and requirements for the | ||||||
9 | political subdivision emergency management exercises, | ||||||
10 | including, but not limited to, exercises of the emergency | ||||||
11 | operations plans. | ||||||
12 | (5.10) Review, evaluate, and approve, in accordance | ||||||
13 | with Illinois Emergency Management Agency rules, political | ||||||
14 | subdivision emergency management exercises for those | ||||||
15 | political subdivisions required to have an emergency | ||||||
16 | services and disaster agency pursuant to this Act. | ||||||
17 | (6) Determine requirements of the State and its | ||||||
18 | political subdivisions for food, clothing, and other | ||||||
19 | necessities in event of a disaster. | ||||||
20 | (7) Establish a register of persons with types of | ||||||
21 | emergency management training and skills in mitigation, | ||||||
22 | preparedness, response, and recovery. | ||||||
23 | (8) Establish a register of government and private | ||||||
24 | response resources available for use in a disaster. | ||||||
25 | (9) Expand the Earthquake Awareness Program and its | ||||||
26 | efforts to distribute earthquake preparedness materials to |
| |||||||
| |||||||
1 | schools, political subdivisions, community groups, civic | ||||||
2 | organizations, and the media. Emphasis will be placed on | ||||||
3 | those areas of the State most at risk from an earthquake. | ||||||
4 | Maintain the list of all school districts, hospitals, | ||||||
5 | airports, power plants, including nuclear power plants, | ||||||
6 | lakes, dams, emergency response facilities of all types, | ||||||
7 | and all other major public or private structures which are | ||||||
8 | at the greatest risk of damage from earthquakes under | ||||||
9 | circumstances where the damage would cause subsequent harm | ||||||
10 | to the surrounding communities and residents. | ||||||
11 | (10) Disseminate all information, completely and | ||||||
12 | without delay, on water levels for rivers and streams and | ||||||
13 | any other data pertaining to potential flooding supplied | ||||||
14 | by the Division of Water Resources within the Department | ||||||
15 | of Natural Resources to all political subdivisions to the | ||||||
16 | maximum extent possible. | ||||||
17 | (11) Develop agreements, if feasible, with medical | ||||||
18 | supply and equipment firms to supply resources as are | ||||||
19 | necessary to respond to an earthquake or any other | ||||||
20 | disaster as defined in this Act. These resources will be | ||||||
21 | made available upon notifying the vendor of the disaster. | ||||||
22 | Payment for the resources will be in accordance with | ||||||
23 | Section 7 of this Act. The Illinois Department of Public | ||||||
24 | Health shall determine which resources will be required | ||||||
25 | and requested. | ||||||
26 | (11.5) In coordination with the Illinois State Police, |
| |||||||
| |||||||
1 | develop and implement a community outreach program to | ||||||
2 | promote awareness among the State's parents and children | ||||||
3 | of child abduction prevention and response. | ||||||
4 | (12) Out of funds appropriated for these purposes, | ||||||
5 | award capital and non-capital grants to Illinois hospitals | ||||||
6 | or health care facilities located outside of a city with a | ||||||
7 | population in excess of 1,000,000 to be used for purposes | ||||||
8 | that include, but are not limited to, preparing to respond | ||||||
9 | to mass casualties and disasters, maintaining and | ||||||
10 | improving patient safety and quality of care, and | ||||||
11 | protecting the confidentiality of patient information. No | ||||||
12 | single grant for a capital expenditure shall exceed | ||||||
13 | $300,000. No single grant for a non-capital expenditure | ||||||
14 | shall exceed $100,000. In awarding such grants, preference | ||||||
15 | shall be given to hospitals that serve a significant | ||||||
16 | number of Medicaid recipients, but do not qualify for | ||||||
17 | disproportionate share hospital adjustment payments under | ||||||
18 | the Illinois Public Aid Code. To receive such a grant, a | ||||||
19 | hospital or health care facility must provide funding of | ||||||
20 | at least 50% of the cost of the project for which the grant | ||||||
21 | is being requested. In awarding such grants , the Illinois | ||||||
22 | Emergency Management Agency shall consider the | ||||||
23 | recommendations of the Illinois Hospital Association. | ||||||
24 | (13) (Blank). Do all other things necessary, | ||||||
25 | incidental or appropriate for the implementation of this | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (g) School and campus grants. The Illinois Emergency | ||||||
2 | Management Agency is authorized to make grants to various | ||||||
3 | higher education institutions, public K-12 school districts, | ||||||
4 | area vocational centers as designated by the State Board of | ||||||
5 | Education, inter-district special education cooperatives, | ||||||
6 | regional safe schools, and nonpublic K-12 schools for safety | ||||||
7 | and security improvements. For the purpose of this subsection | ||||||
8 | (g), "higher education institution" means a public university, | ||||||
9 | a public community college, or an independent, not-for-profit | ||||||
10 | or for-profit higher education institution located in this | ||||||
11 | State. Grants made under this subsection (g) shall be paid out | ||||||
12 | of moneys appropriated for that purpose from the Build | ||||||
13 | Illinois Bond Fund. The Illinois Emergency Management Agency | ||||||
14 | shall adopt rules to implement this subsection (g). These | ||||||
15 | rules may specify: (1) (i) the manner of applying for grants; | ||||||
16 | (2) (ii) project eligibility requirements; (3) (iii) | ||||||
17 | restrictions on the use of grant moneys; (4) (iv) the manner in | ||||||
18 | which the various higher education institutions must account | ||||||
19 | for the use of grant moneys; and (5) (v) any other provision | ||||||
20 | that the Illinois Emergency Management Agency determines to be | ||||||
21 | necessary or useful for the administration of this subsection | ||||||
22 | (g). | ||||||
23 | (g-5) State not-for-profit security grants. The Illinois | ||||||
24 | Emergency Management Agency is authorized to make grants to | ||||||
25 | not-for-profit organizations which are exempt from federal | ||||||
26 | income taxation under section 501(c)(3) of the Federal |
| |||||||
| |||||||
1 | Internal Revenue Code for eligible security improvements that | ||||||
2 | assist the organization in preventing, preparing for, or | ||||||
3 | responding to threats, attacks, or acts of terrorism. To be | ||||||
4 | eligible for a grant under the program, the Agency must | ||||||
5 | determine that the organization is at a high risk of being | ||||||
6 | subject to threats, attacks, or acts of terrorism based on the | ||||||
7 | organization's profile, ideology, mission, or beliefs. | ||||||
8 | Eligible security improvements shall include all eligible | ||||||
9 | preparedness activities under the federal Nonprofit Security | ||||||
10 | Grant Program, including, but not limited to, physical | ||||||
11 | security upgrades, security training exercises, preparedness | ||||||
12 | training exercises, contracting with security personnel, and | ||||||
13 | any other security upgrades deemed eligible by the Director. | ||||||
14 | Eligible security improvements shall not duplicate, in part or | ||||||
15 | in whole, a project included under any awarded federal grant | ||||||
16 | or in a pending federal application. The Director shall | ||||||
17 | establish procedures and forms by which applicants may apply | ||||||
18 | for a grant and procedures for distributing grants to | ||||||
19 | recipients. Any security improvements awarded shall remain at | ||||||
20 | the physical property listed in the grant application, unless | ||||||
21 | authorized by Agency rule or approved by the Agency in | ||||||
22 | writing. The procedures shall require each applicant to do the | ||||||
23 | following: | ||||||
24 | (1) identify and substantiate prior or current | ||||||
25 | threats, attacks, or acts of terrorism against the | ||||||
26 | not-for-profit organization; |
| |||||||
| |||||||
1 | (2) indicate the symbolic or strategic value of one or | ||||||
2 | more sites that renders the site a possible target of a | ||||||
3 | threat, attack, or act of terrorism; | ||||||
4 | (3) discuss potential consequences to the organization | ||||||
5 | if the site is damaged, destroyed, or disrupted by a | ||||||
6 | threat, attack, or act of terrorism; | ||||||
7 | (4) describe how the grant will be used to integrate | ||||||
8 | organizational preparedness with broader State and local | ||||||
9 | preparedness efforts, as described by the Agency in each | ||||||
10 | Notice of Opportunity for Funding; | ||||||
11 | (5) submit (i) a vulnerability assessment conducted by | ||||||
12 | experienced security, law enforcement, or military | ||||||
13 | personnel, or conducted using an Agency-approved or | ||||||
14 | federal Nonprofit Security Grant Program self-assessment | ||||||
15 | tool, and (ii) a description of how the grant award will be | ||||||
16 | used to address the vulnerabilities identified in the | ||||||
17 | assessment; and | ||||||
18 | (6) submit any other relevant information as may be | ||||||
19 | required by the Director. | ||||||
20 | The Agency is authorized to use funds appropriated for the | ||||||
21 | grant program described in this subsection (g-5) to administer | ||||||
22 | the program. | ||||||
23 | Any Agency Notice of Opportunity for Funding, proposed or | ||||||
24 | final rulemaking, guidance, training opportunity, or other | ||||||
25 | resource related to the grant program must be published on the | ||||||
26 | Agency's publicly available website, and any announcements |
| |||||||
| |||||||
1 | related to funding shall be shared with all State legislative | ||||||
2 | offices, the Governor's office, emergency services and | ||||||
3 | disaster agencies mandated or required pursuant to subsections | ||||||
4 | (b) through (d) of Section 10, and any other State agencies as | ||||||
5 | determined by the Agency. Subject to appropriation, the grant | ||||||
6 | application period shall be open for no less than 45 calendar | ||||||
7 | days during the first application cycle each fiscal year, | ||||||
8 | unless the Agency determines that a shorter period is | ||||||
9 | necessary to avoid conflicts with the annual federal Nonprofit | ||||||
10 | Security Grant Program funding cycle. Additional application | ||||||
11 | cycles may be conducted during the same fiscal year, subject | ||||||
12 | to availability of funds. Upon request, Agency staff shall | ||||||
13 | provide reasonable assistance to any applicant in completing a | ||||||
14 | grant application or meeting a post-award requirement. | ||||||
15 | (g-10) Homeland Security Advisor. | ||||||
16 | (1) A Homeland Security Advisor shall be appointed by | ||||||
17 | the Governor, by and with the advice and consent of the | ||||||
18 | Senate, shall report to the Governor. The Homeland | ||||||
19 | Security Advisor shall: | ||||||
20 | (A) advise the Governor or the Governor's | ||||||
21 | designees on matters of homeland security and | ||||||
22 | coordinate Illinois' homeland security and | ||||||
23 | preparedness efforts across all levels of government, | ||||||
24 | in order to protect the people and critical | ||||||
25 | infrastructure of Illinois; | ||||||
26 | (B) coordinate a uniform and cooperative |
| |||||||
| |||||||
1 | statewide, strategic response to homeland security | ||||||
2 | threats as defined by, and in the sole discretion of, | ||||||
3 | the Governor; | ||||||
4 | (C) coordinate and provide policy recommendations | ||||||
5 | to the Governor and other State agencies on all | ||||||
6 | matters pertaining to homeland security; | ||||||
7 | (D) utilize the expertise and assistance of all | ||||||
8 | State agencies, commissions, and boards to carry out | ||||||
9 | their mission in support of the State's homeland | ||||||
10 | security efforts; each State agency, commission, or | ||||||
11 | board shall be required, to the extent not | ||||||
12 | inconsistent with law, to cooperate with the Homeland | ||||||
13 | Security Advisor; to facilitate a unified State | ||||||
14 | strategy on matters of homeland security, all State | ||||||
15 | agencies, boards, and commissions shall provide | ||||||
16 | briefings to the Homeland Security Advisor regularly | ||||||
17 | and upon request; | ||||||
18 | (E) serve as the State's primary liaison with all | ||||||
19 | federal agencies pertaining to homeland security | ||||||
20 | matters for the State; | ||||||
21 | (F) consistent with the United States Department | ||||||
22 | of Homeland Security standard operating procedures and | ||||||
23 | guidance, oversee and approve security clearance | ||||||
24 | requests for State personnel sent to the federal | ||||||
25 | government for final adjudication; coordinate with the | ||||||
26 | Illinois State Police on such clearance requests for |
| |||||||
| |||||||
1 | law enforcement personnel; this subparagraph (F) shall | ||||||
2 | not apply to clearances issued by the Department of | ||||||
3 | Defense; and | ||||||
4 | (G) perform other duties related to homeland | ||||||
5 | security as directed by the Governor or the Governor's | ||||||
6 | designees. | ||||||
7 | (2) A Deputy Homeland Security Advisor, reporting to | ||||||
8 | the Homeland Security Advisor, shall be recommended by the | ||||||
9 | Homeland Security Advisor and appointed by the Governor by | ||||||
10 | and with the advice and consent of the Senate. The Deputy | ||||||
11 | Homeland Security Advisor shall: | ||||||
12 | (A) assume responsibilities of the Homeland | ||||||
13 | Security Advisor as needed or directed by the Governor | ||||||
14 | or Homeland Security Advisor; | ||||||
15 | (B) serve as the Deputy Director of the Office of | ||||||
16 | Homeland Security within the Agency; | ||||||
17 | (C) develop and execute the State's unified | ||||||
18 | homeland security strategy; | ||||||
19 | (D) serve as a representative of the Homeland | ||||||
20 | Security Advisor and the Agency's Office of Homeland | ||||||
21 | Security with all State agencies, commissions, and | ||||||
22 | boards for matters pertaining to homeland security; | ||||||
23 | and | ||||||
24 | (E) serve as a representative of the Homeland | ||||||
25 | Security Advisor and State with all federal agencies | ||||||
26 | for matters pertaining to homeland security. |
| |||||||
| |||||||
1 | (3) The Homeland Security Advisor or Deputy Homeland | ||||||
2 | Security Advisor shall provide briefings to the Governor | ||||||
3 | and Lieutenant Governor as directed. | ||||||
4 | (4) The Agency shall coordinate with and provide | ||||||
5 | administrative support for the Homeland Security Advisor | ||||||
6 | and house the State's Office of Homeland Security. The | ||||||
7 | Director shall coordinate with the Homeland Security | ||||||
8 | Advisor to ensure the duties and actions of the Office of | ||||||
9 | Homeland Security are aligned with the State's homeland | ||||||
10 | security strategic goals and priorities. | ||||||
11 | (g-15) Homeland Security responsibilities of the Agency. | ||||||
12 | The Agency, through its Office of Homeland Security, shall: | ||||||
13 | (1) support the Homeland Security Advisor in the | ||||||
14 | administration and coordination of homeland security and | ||||||
15 | preparedness efforts across all levels of government to | ||||||
16 | protect the people and critical infrastructure of | ||||||
17 | Illinois; | ||||||
18 | (2) oversee, plan, and distribute State and federal | ||||||
19 | funding for homeland security on the basis of risk, | ||||||
20 | threat, and vulnerability to ensure the most effective use | ||||||
21 | of limited resources, and guarantee that funds are used | ||||||
22 | for appropriate and necessary purposes; | ||||||
23 | (3) review all proposed State legislation pertaining | ||||||
24 | to homeland security matters and report to the Homeland | ||||||
25 | Security Advisor about such proposed legislation; review | ||||||
26 | existing legislation and recommend modifications, |
| |||||||
| |||||||
1 | amendments, or initiatives to support or enhance the | ||||||
2 | State's homeland security and preparedness capabilities; | ||||||
3 | (4) ensure the implementation of the strategic | ||||||
4 | response and policy recommendations of the Governor and | ||||||
5 | Homeland Security Advisor pertaining to all matters of | ||||||
6 | homeland security; | ||||||
7 | (5) coordinate with all State agencies, commissions, | ||||||
8 | and boards, regarding matters of homeland security; | ||||||
9 | (6) coordinate with the Illinois State Police to | ||||||
10 | provide the United States Department of Homeland Security | ||||||
11 | with relevant reporting metrics and data pertaining to the | ||||||
12 | State; | ||||||
13 | (7) develop, at the direction of the Homeland Security | ||||||
14 | Advisor, and in cooperation with the Illinois State Police | ||||||
15 | and other appropriate State agencies, appropriate | ||||||
16 | protocols, staffing, training, and equipment guidelines | ||||||
17 | for the weapons of mass destruction teams that the | ||||||
18 | Governor, or the Governor's designee, may deploy in the | ||||||
19 | event or threat of a disaster; | ||||||
20 | (8) lead the State's homeland security public | ||||||
21 | education and risk communication messaging; and | ||||||
22 | (9) adopt rules necessary for the implementation of | ||||||
23 | homeland security programs. | ||||||
24 | (g-20) Nuclear and radiation safety responsibilities of | ||||||
25 | the Agency. The Agency shall be responsible for nuclear and | ||||||
26 | radiation safety and shall: |
| |||||||
| |||||||
1 | (1) exercise, administer, and enforce all rights, | ||||||
2 | powers, and duties for nuclear and radiation safety | ||||||
3 | authorized in the Nuclear Safety Law of 2004 or successor | ||||||
4 | statutes; | ||||||
5 | (2) develop a comprehensive emergency preparedness and | ||||||
6 | response plan for any nuclear accident in accordance with | ||||||
7 | Section 65 of the Nuclear Safety Law of 2004 and an | ||||||
8 | Illinois nuclear safety preparedness program in accordance | ||||||
9 | with Section 8 of the Illinois Nuclear Safety Preparedness | ||||||
10 | Act or successor statutes; and | ||||||
11 | (3) have the right to enter on public and private | ||||||
12 | property in order to take environmental samples for | ||||||
13 | response to a disaster that reasonably could have caused | ||||||
14 | radioactive contamination. | ||||||
15 | (h) Donations and sponsorships. Except as provided in | ||||||
16 | Section 17.5 of this Act, any moneys received by the Agency | ||||||
17 | from donations or sponsorships unrelated to a disaster shall | ||||||
18 | be deposited in the Emergency Planning and Training Fund and | ||||||
19 | used by the Agency, subject to appropriation, to effectuate | ||||||
20 | planning and training activities. Any moneys received by the | ||||||
21 | Agency from donations during a disaster and intended for | ||||||
22 | disaster response or recovery shall be deposited into the | ||||||
23 | Disaster Response and Recovery Fund and used for disaster | ||||||
24 | response and recovery pursuant to the Disaster Relief Act. | ||||||
25 | (i) Conference fees. The Illinois Emergency Management | ||||||
26 | Agency may , by rule , assess and collect reasonable fees for |
| |||||||
| |||||||
1 | attendance at Agency-sponsored conferences to enable the | ||||||
2 | Agency to carry out the requirements of this Act. Any moneys | ||||||
3 | received under this subsection shall be deposited in the | ||||||
4 | Emergency Planning and Training Fund and used by the Agency, | ||||||
5 | subject to appropriation, for planning and training | ||||||
6 | activities. | ||||||
7 | (j) Other grant-making powers. The Illinois Emergency | ||||||
8 | Management Agency is authorized to make grants to other State | ||||||
9 | agencies, public universities, units of local government, and | ||||||
10 | statewide mutual aid organizations to enhance statewide | ||||||
11 | emergency preparedness and response. | ||||||
12 | (k) Agency's responsibility to implement and administer | ||||||
13 | the Act. The Agency shall do all other things necessary, | ||||||
14 | incidental, or appropriate for the implementation of this Act, | ||||||
15 | including the adoption of rules in accordance with the | ||||||
16 | Illinois Administrative Procedure Act. | ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
18 | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. | ||||||
19 | 1-1-24 .) | ||||||
20 | (20 ILCS 3305/6) (from Ch. 127, par. 1056) | ||||||
21 | Sec. 6. Emergency management powers Management Powers of | ||||||
22 | the Governor. | ||||||
23 | (a) The Governor shall have general direction and control | ||||||
24 | of the Illinois Emergency Management Agency and shall be | ||||||
25 | responsible for the carrying out of the provisions of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (b) In performing duties under this Act, the Governor is | ||||||
3 | authorized to cooperate with the federal government and with | ||||||
4 | other states in all matters pertaining to emergency | ||||||
5 | management , nuclear and radiation safety, and homeland | ||||||
6 | security . | ||||||
7 | (c) In performing duties under this Act, the Governor is | ||||||
8 | further authorized: | ||||||
9 | (1) To make, amend, and rescind all lawful necessary | ||||||
10 | orders, rules, and regulations to carry out the provisions | ||||||
11 | of this Act within the limits of the authority conferred | ||||||
12 | upon the Governor. | ||||||
13 | (2) To cause to be prepared a comprehensive plans plan | ||||||
14 | and programs program for the emergency management , nuclear | ||||||
15 | and radiation safety, and homeland security of this State, | ||||||
16 | which plans and programs plan and program shall be | ||||||
17 | integrated into and coordinated with emergency management , | ||||||
18 | nuclear and radiation safety, and homeland security plans | ||||||
19 | and programs of the federal government and of other states | ||||||
20 | whenever possible and which plans and programs plan and | ||||||
21 | program may include: | ||||||
22 | a. Mitigation of injury and damage caused by | ||||||
23 | disaster. | ||||||
24 | b. Prompt and effective response to disaster. | ||||||
25 | c. Emergency relief. | ||||||
26 | d. Identification of areas particularly vulnerable |
| |||||||
| |||||||
1 | to disasters. | ||||||
2 | e. Recommendations for zoning, building, and other | ||||||
3 | land-use controls, safety measures for securing | ||||||
4 | permanent structures , and other mitigation measures | ||||||
5 | designed to eliminate or reduce disasters or their | ||||||
6 | impact. | ||||||
7 | f. Assistance to political subdivisions in | ||||||
8 | designing emergency operations plans. | ||||||
9 | g. Authorization and procedures for the erection | ||||||
10 | or other construction of temporary works designed to | ||||||
11 | mitigate danger, damage , or loss from flood , or other | ||||||
12 | disaster. | ||||||
13 | h. Preparation and distribution to the appropriate | ||||||
14 | State and political subdivision officials of a State | ||||||
15 | catalog of federal, State, and private assistance | ||||||
16 | programs. | ||||||
17 | i. Organization of State personnel and chains of | ||||||
18 | command. | ||||||
19 | j. Coordination of federal, State, and political | ||||||
20 | subdivision emergency management , nuclear and | ||||||
21 | radiation safety, and homeland security activities. | ||||||
22 | k. Other necessary matters. | ||||||
23 | (3) In accordance with the plans plan and programs | ||||||
24 | program for the emergency management , nuclear and | ||||||
25 | radiation safety, and homeland security of this State, and | ||||||
26 | out of funds appropriated for these purposes, to procure |
| |||||||
| |||||||
1 | and preposition supplies, medicines, materials , and | ||||||
2 | equipment, to institute training programs and public | ||||||
3 | information programs, and to take all other preparatory | ||||||
4 | steps including the partial or full mobilization of | ||||||
5 | emergency services and disaster agencies in advance of | ||||||
6 | actual disaster to insure the furnishing of adequately | ||||||
7 | trained and equipped forces for disaster response and | ||||||
8 | recovery. | ||||||
9 | (4) Out of funds appropriated for these purposes, to | ||||||
10 | make studies and surveys of the industries, resources, and | ||||||
11 | facilities in this State as may be necessary to ascertain | ||||||
12 | the capabilities of the State for emergency management | ||||||
13 | phases of mitigation, preparedness, response, and recovery | ||||||
14 | and to plan for the most efficient emergency use thereof. | ||||||
15 | (5) On behalf of this State, to negotiate for and | ||||||
16 | submit to the General Assembly for its approval or | ||||||
17 | rejection reciprocal mutual aid agreements or compacts | ||||||
18 | with other states, either on a statewide or political | ||||||
19 | subdivision basis. The agreements or compacts , shall be | ||||||
20 | limited to the furnishing or exchange of food, clothing, | ||||||
21 | medical , or other supplies ; , engineering and police | ||||||
22 | services; emergency housing and feeding; National and | ||||||
23 | State Guards while under the control of the State; health, | ||||||
24 | medical, and related services; and fire fighting, rescue, | ||||||
25 | transportation, communication, and construction services | ||||||
26 | and equipment, provided, however, that if the General |
| |||||||
| |||||||
1 | Assembly be not in session and the Governor has not | ||||||
2 | proclaimed the existence of a disaster under this Section, | ||||||
3 | then the agreements or compacts shall instead be submitted | ||||||
4 | to an Interim Committee on Emergency Management composed | ||||||
5 | of 5 Senators appointed by the President of the Senate and | ||||||
6 | of 5 Representatives appointed by the Speaker of the | ||||||
7 | House, during the month of June of each odd-numbered year | ||||||
8 | to serve for a 2-year 2 year term, beginning July 1 of that | ||||||
9 | year, and until their successors are appointed and | ||||||
10 | qualified, or until termination of their legislative | ||||||
11 | service, whichever first occurs. Vacancies shall be filled | ||||||
12 | by appointment for the unexpired term in the same manner | ||||||
13 | as original appointments. All appointments shall be made | ||||||
14 | in writing and filed with the Secretary of State as a | ||||||
15 | public record. The Committee shall have the power to | ||||||
16 | approve or reject any agreements or compacts for and on | ||||||
17 | behalf of the General Assembly; and, provided further, | ||||||
18 | that an affirmative vote of 2/3 of the members of the | ||||||
19 | Committee shall be necessary for the approval of any | ||||||
20 | agreement or compact. | ||||||
21 | (Source: P.A. 92-73, eff. 1-1-02.) | ||||||
22 | (20 ILCS 3305/7) (from Ch. 127, par. 1057) | ||||||
23 | Sec. 7. Emergency powers Powers of the Governor. In the | ||||||
24 | event of a disaster, as defined in Section 4, the Governor may, | ||||||
25 | by proclamation , declare that a disaster exists. Upon such |
| |||||||
| |||||||
1 | proclamation, the Governor shall have and may exercise for a | ||||||
2 | period not to exceed 30 days the following emergency powers; | ||||||
3 | provided, however, that the lapse of the emergency powers | ||||||
4 | shall not, as regards any act or acts occurring or committed | ||||||
5 | within the 30-day period, deprive any person, firm, | ||||||
6 | corporation, political subdivision, or body politic of any | ||||||
7 | right or rights to compensation or reimbursement which he, | ||||||
8 | she, it, or they may have under the provisions of this Act: | ||||||
9 | (1) To suspend the provisions of any regulatory | ||||||
10 | statute prescribing procedures for conduct of State | ||||||
11 | business, or the orders, rules , and regulations of any | ||||||
12 | State agency, if strict compliance with the provisions of | ||||||
13 | any statute, order, rule, or regulation would in any way | ||||||
14 | prevent, hinder , or delay necessary action, including | ||||||
15 | emergency purchases, by the Illinois Emergency Management | ||||||
16 | Agency, in coping with the disaster. | ||||||
17 | (2) To utilize all available resources of the State | ||||||
18 | government as reasonably necessary to cope with the | ||||||
19 | disaster and of each political subdivision of the State. | ||||||
20 | (3) To transfer the direction, personnel , or functions | ||||||
21 | of State departments and agencies or units thereof for the | ||||||
22 | purpose of performing or facilitating disaster response | ||||||
23 | and recovery programs. | ||||||
24 | (4) On behalf of this State to take possession of, and | ||||||
25 | to acquire full title or a lesser specified interest in, | ||||||
26 | any personal property as may be necessary to accomplish |
| |||||||
| |||||||
1 | the objectives set forth in Section 2 of this Act, | ||||||
2 | including: airplanes, automobiles, trucks, trailers, | ||||||
3 | buses, and other vehicles; coal, oils, gasoline, and other | ||||||
4 | fuels and means of propulsion; explosives, materials, | ||||||
5 | equipment, and supplies; animals and livestock; feed and | ||||||
6 | seed; food and provisions for humans and animals; clothing | ||||||
7 | and bedding; and medicines and medical and surgical | ||||||
8 | supplies; and to take possession of and for a limited | ||||||
9 | period occupy and use any real estate necessary to | ||||||
10 | accomplish those objectives; but only upon the undertaking | ||||||
11 | by the State to pay just compensation therefor as in this | ||||||
12 | Act provided, and then only under the following | ||||||
13 | provisions: | ||||||
14 | a. The Governor, or the person or persons as the | ||||||
15 | Governor may authorize so to do, may forthwith take | ||||||
16 | possession of property for and on behalf of the State; | ||||||
17 | provided, however, that the Governor or persons shall | ||||||
18 | simultaneously with the taking, deliver to the owner | ||||||
19 | or his or her agent, if the identity of the owner or | ||||||
20 | agency is known or readily ascertainable, a signed | ||||||
21 | statement in writing, that shall include the name and | ||||||
22 | address of the owner, the date and place of the taking, | ||||||
23 | description of the property sufficient to identify it, | ||||||
24 | a statement of interest in the property that is being | ||||||
25 | so taken, and, if possible, a statement in writing, | ||||||
26 | signed by the owner, setting forth the sum that he or |
| |||||||
| |||||||
1 | she is willing to accept as just compensation for the | ||||||
2 | property or use. Whether or not the owner or agent is | ||||||
3 | known or readily ascertainable, a true copy of the | ||||||
4 | statement shall promptly be filed by the Governor or | ||||||
5 | the person with the Director, who shall keep the | ||||||
6 | docket of the statements. In cases where the sum that | ||||||
7 | the owner is willing to accept as just compensation is | ||||||
8 | less than $1,000, copies of the statements shall also | ||||||
9 | be filed by the Director with, and shall be passed upon | ||||||
10 | by an Emergency Management Claims Commission, | ||||||
11 | consisting of 3 disinterested citizens who shall be | ||||||
12 | appointed by the Governor, by and with the advice and | ||||||
13 | consent of the Senate, within 20 days after the | ||||||
14 | Governor's declaration of a disaster, and if the sum | ||||||
15 | fixed by them as just compensation be less than $1,000 | ||||||
16 | and is accepted in writing by the owner, then the State | ||||||
17 | Treasurer out of funds appropriated for these | ||||||
18 | purposes, shall, upon certification thereof by the | ||||||
19 | Emergency Management Claims Commission, cause the sum | ||||||
20 | so certified forthwith to be paid to the owner. The | ||||||
21 | Emergency Management Claims Commission is hereby given | ||||||
22 | the power to issue appropriate subpoenas and to | ||||||
23 | administer oaths to witnesses and shall keep | ||||||
24 | appropriate minutes and other records of its actions | ||||||
25 | upon and the disposition made of all claims. | ||||||
26 | b. When the compensation to be paid for the taking |
| |||||||
| |||||||
1 | or use of property or interest therein is not or cannot | ||||||
2 | be determined and paid under item a of this paragraph | ||||||
3 | (4), a petition in the name of The People of the State | ||||||
4 | of Illinois shall be promptly filed by the Director, | ||||||
5 | which filing may be enforced by mandamus, in the | ||||||
6 | circuit court of the county where the property or any | ||||||
7 | part thereof was located when initially taken or used | ||||||
8 | under the provisions of this Act praying that the | ||||||
9 | amount of compensation to be paid to the person or | ||||||
10 | persons interested therein be fixed and determined. | ||||||
11 | The petition shall include a description of the | ||||||
12 | property that has been taken, shall state the physical | ||||||
13 | condition of the property when taken, shall name as | ||||||
14 | defendants all interested parties, shall set forth the | ||||||
15 | sum of money estimated to be just compensation for the | ||||||
16 | property or interest therein taken or used, and shall | ||||||
17 | be signed by the Director. The litigation shall be | ||||||
18 | handled by the Attorney General for and on behalf of | ||||||
19 | the State. | ||||||
20 | c. Just compensation for the taking or use of | ||||||
21 | property or interest therein shall be promptly | ||||||
22 | ascertained in proceedings and established by judgment | ||||||
23 | against the State, that shall include, as part of the | ||||||
24 | just compensation so awarded, interest at the rate of | ||||||
25 | 6% per annum on the fair market value of the property | ||||||
26 | or interest therein from the date of the taking or use |
| |||||||
| |||||||
1 | to the date of the judgment; and the court may order | ||||||
2 | the payment of delinquent taxes and special | ||||||
3 | assessments out of the amount so awarded as just | ||||||
4 | compensation and may make any other orders with | ||||||
5 | respect to encumbrances, rents, insurance, and other | ||||||
6 | charges, if any, as shall be just and equitable. | ||||||
7 | (5) When required by the exigencies of the disaster, | ||||||
8 | to sell, lend, rent, give, or distribute all or any part of | ||||||
9 | property so or otherwise acquired to the inhabitants of | ||||||
10 | this State, or to political subdivisions of this State, | ||||||
11 | or, under the interstate mutual aid agreements or compacts | ||||||
12 | as are entered into under the provisions of subparagraph | ||||||
13 | (5) of paragraph (c) of Section 6 to other states, and to | ||||||
14 | account for and transmit to the State Treasurer all funds, | ||||||
15 | if any, received therefor. | ||||||
16 | (6) To recommend the evacuation of all or part of the | ||||||
17 | population from any stricken or threatened area within the | ||||||
18 | State if the Governor deems this action necessary. | ||||||
19 | (7) To prescribe routes, modes of transportation, and | ||||||
20 | destinations in connection with evacuation. | ||||||
21 | (8) To control ingress and egress to and from a | ||||||
22 | disaster area, the movement of persons within the area, | ||||||
23 | and the occupancy of premises therein. | ||||||
24 | (9) To suspend or limit the sale, dispensing, or | ||||||
25 | transportation of alcoholic beverages, firearms, | ||||||
26 | explosives, and combustibles. |
| |||||||
| |||||||
1 | (10) To make provision for the availability and use of | ||||||
2 | temporary emergency housing. | ||||||
3 | (11) A proclamation of a disaster shall activate the | ||||||
4 | State Emergency Operations Plan, and political subdivision | ||||||
5 | emergency operations plans applicable to the political | ||||||
6 | subdivision or area in question and be authority for the | ||||||
7 | deployment and use of any forces that the plan or plans | ||||||
8 | apply and for use or distribution of any supplies, | ||||||
9 | equipment, and materials and facilities assembled, | ||||||
10 | stockpiled , or arranged to be made available under this | ||||||
11 | Act or any other provision of law relating to disasters. | ||||||
12 | (12) Control, restrict, and regulate by rationing, | ||||||
13 | freezing, use of quotas, prohibitions on shipments, price | ||||||
14 | fixing, allocation , or other means, the use, sale , or | ||||||
15 | distribution of food, feed, fuel, clothing , and other | ||||||
16 | commodities, materials, goods, or services; and perform | ||||||
17 | and exercise any other functions, powers, and duties as | ||||||
18 | may be necessary to promote and secure the safety and | ||||||
19 | protection of the civilian population. | ||||||
20 | (13) During the continuance of any disaster the | ||||||
21 | Governor is commander-in-chief of the organized and | ||||||
22 | unorganized militia and of all other forces available for | ||||||
23 | emergency duty. To the greatest extent practicable, the | ||||||
24 | Governor shall delegate or assign authority to the | ||||||
25 | Director to manage, coordinate, and direct all resources | ||||||
26 | by orders issued at the time of the disaster. |
| |||||||
| |||||||
1 | (14) Prohibit increases in the prices of goods and | ||||||
2 | services during a disaster. | ||||||
3 | (Source: P.A. 102-485, eff. 8-20-21.) | ||||||
4 | (20 ILCS 3305/8) (from Ch. 127, par. 1058) | ||||||
5 | Sec. 8. Mobile support teams Support Teams . | ||||||
6 | (a) The Governor or Director may cause to be created | ||||||
7 | Mobile Support Teams to aid and to reinforce the Illinois | ||||||
8 | Emergency Management Agency, and emergency services and | ||||||
9 | disaster agencies in areas stricken by disaster. Each mobile | ||||||
10 | support team shall have a leader, selected by the Director who | ||||||
11 | will be responsible, under the direction and control of the | ||||||
12 | Director, for the organization, administration, and training, | ||||||
13 | and operation of the mobile support team. | ||||||
14 | (b) Personnel of a mobile support team while on duty | ||||||
15 | pursuant to such a call or while engaged in regularly | ||||||
16 | scheduled training or exercises, whether within or without the | ||||||
17 | State, shall either: | ||||||
18 | (1) If they are paid employees of the State, have the | ||||||
19 | powers, duties, rights, privileges , and immunities and | ||||||
20 | receive the compensation incidental to their employment. | ||||||
21 | (2) If they are paid employees of a political | ||||||
22 | subdivision or body politic of this State, and whether | ||||||
23 | serving within or without that political subdivision or | ||||||
24 | body politic, have the powers, duties, rights, privileges , | ||||||
25 | and immunities, and receive the compensation incidental to |
| |||||||
| |||||||
1 | their employment. | ||||||
2 | (3) If they are not employees of the State, political | ||||||
3 | subdivision , or body politic, or being such employees, are | ||||||
4 | not normally paid for their services, be entitled to at | ||||||
5 | least one dollar per year compensation 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 of | ||||||
13 | 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 duty | ||||||
18 | under such call, be reimbursed by this State for all actual and | ||||||
19 | necessary travel and subsistence expenses. | ||||||
20 | (c) The State shall reimburse each political subdivision | ||||||
21 | or body politic from the Disaster Response and Recovery Fund | ||||||
22 | for the 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 geographic geographical boundaries pursuant to such a | ||||||
26 | call, as members of a mobile support team, and for all payments |
| |||||||
| |||||||
1 | made for death, disease , or injury of those paid employees | ||||||
2 | arising out of and incurred in the course of that duty, and for | ||||||
3 | all losses of or damage to supplies and equipment of the | ||||||
4 | political subdivision or body politic resulting from the | ||||||
5 | operations. | ||||||
6 | (d) Whenever mobile support teams or units of another | ||||||
7 | state, while the Governor has the emergency powers provided | ||||||
8 | for under Section 7 of this Act, render aid to this State under | ||||||
9 | the orders of the Governor of its home state and upon the | ||||||
10 | request of the Governor of this State, all questions relating | ||||||
11 | to reimbursement by this State to the other state and its | ||||||
12 | citizens in regard to the assistance so rendered shall be | ||||||
13 | determined by the mutual aid agreements or interstate compacts | ||||||
14 | described in subparagraph (5) of paragraph (c) of Section 6 as | ||||||
15 | are existing at the time of the assistance rendered or are | ||||||
16 | entered into thereafter and under Section 303 (d) of the | ||||||
17 | Federal Civil Defense Act of 1950. | ||||||
18 | (e) No personnel of mobile support teams of this State may | ||||||
19 | be ordered by the Governor to operate in any other state unless | ||||||
20 | a request for the same has been made by the Governor or duly | ||||||
21 | authorized representative of the other state. | ||||||
22 | (Source: P.A. 98-465, eff. 8-16-13.) | ||||||
23 | (20 ILCS 3305/10) (from Ch. 127, par. 1060) | ||||||
24 | Sec. 10. Emergency services and disaster agencies Services | ||||||
25 | and Disaster Agencies . |
| |||||||
| |||||||
1 | (a) Each political subdivision within this State shall be | ||||||
2 | within the jurisdiction of and served by the Illinois | ||||||
3 | Emergency Management Agency and by an emergency services and | ||||||
4 | disaster agency responsible for emergency management programs. | ||||||
5 | A township, if the township is in a county having a population | ||||||
6 | of more than 2,000,000, must have approval of the county | ||||||
7 | coordinator before establishment of a township emergency | ||||||
8 | services and disaster agency. | ||||||
9 | (b) Unless multiple county emergency services and disaster | ||||||
10 | agency consolidation is authorized by the Illinois Emergency | ||||||
11 | Management Agency with the consent of the respective counties, | ||||||
12 | each county shall maintain an emergency services and disaster | ||||||
13 | agency that has jurisdiction over and serves the entire | ||||||
14 | county, except as otherwise provided under this Act and except | ||||||
15 | that in any county with a population of over 3,000,000 | ||||||
16 | containing a municipality with a population of over 500,000 | ||||||
17 | the jurisdiction of the county agency shall not extend to the | ||||||
18 | municipality when the municipality has established its own | ||||||
19 | agency. | ||||||
20 | (c) Each municipality with a population of over 500,000 | ||||||
21 | shall maintain an emergency services and disaster agency which | ||||||
22 | has jurisdiction over and serves the entire municipality. A | ||||||
23 | municipality with a population less than 500,000 may | ||||||
24 | establish, by ordinance, an agency or department responsible | ||||||
25 | for emergency management within the municipality's corporate | ||||||
26 | limits. |
| |||||||
| |||||||
1 | (d) The Governor shall determine which municipal | ||||||
2 | corporations, other than those specified in paragraph (c) of | ||||||
3 | this Section, need emergency services and disaster agencies of | ||||||
4 | their own and require that they be established and maintained. | ||||||
5 | The Governor shall make these determinations on the basis of | ||||||
6 | the municipality's disaster vulnerability and capability of | ||||||
7 | response related to population size and concentration. The | ||||||
8 | emergency services and disaster agency of a county or | ||||||
9 | township, shall not have a jurisdiction within a political | ||||||
10 | subdivision having its own emergency services and disaster | ||||||
11 | agency, but shall cooperate with the emergency services and | ||||||
12 | disaster agency of a city, village , or incorporated town | ||||||
13 | within their borders. The Illinois Emergency Management Agency | ||||||
14 | shall publish and furnish a current list to the municipalities | ||||||
15 | required to have an emergency services and disaster agency | ||||||
16 | under this subsection. | ||||||
17 | (e) Each municipality that is not required to and does not | ||||||
18 | have an emergency services and disaster agency shall have a | ||||||
19 | liaison officer designated to facilitate the cooperation and | ||||||
20 | protection of that municipal corporation with the county | ||||||
21 | emergency services and disaster agency in which it is located | ||||||
22 | in the work of disaster mitigation, preparedness, response, | ||||||
23 | and recovery. | ||||||
24 | (f) The principal executive officer or his or her designee | ||||||
25 | of each political subdivision in the State shall annually | ||||||
26 | notify the Illinois Emergency Management Agency of the manner |
| |||||||
| |||||||
1 | in which the political subdivision is providing or securing | ||||||
2 | emergency management, identify the executive head of the | ||||||
3 | agency or the department from which the service is obtained, | ||||||
4 | or the liaison officer in accordance with subsection (e), | ||||||
5 | paragraph (d) of this Section and furnish additional | ||||||
6 | information relating thereto as the Illinois Emergency | ||||||
7 | Management Agency requires. | ||||||
8 | (g) Each emergency services and disaster agency shall | ||||||
9 | prepare an emergency operations plan for its geographic | ||||||
10 | boundaries that complies with planning, review, and approval | ||||||
11 | standards promulgated by the Illinois Emergency Management | ||||||
12 | Agency. The Illinois Emergency Management Agency shall | ||||||
13 | determine which jurisdictions will be required to include | ||||||
14 | earthquake preparedness in their local emergency operations | ||||||
15 | plans. | ||||||
16 | (h) The emergency services and disaster agency shall | ||||||
17 | prepare and distribute to all appropriate officials in written | ||||||
18 | form a clear and complete statement of the emergency | ||||||
19 | responsibilities of all local departments and officials and of | ||||||
20 | the disaster chain of command. | ||||||
21 | (i) Each emergency services and disaster agency shall have | ||||||
22 | a Coordinator who shall be appointed by the principal | ||||||
23 | executive officer of the political subdivision in the same | ||||||
24 | manner as are the heads of regular governmental departments. | ||||||
25 | If the political subdivision is a county and the principal | ||||||
26 | executive officer appoints the sheriff as the Coordinator, the |
| |||||||
| |||||||
1 | sheriff may, in addition to his or her regular compensation, | ||||||
2 | receive additional compensation as provided for by the | ||||||
3 | political subdivision at the same level as provided in Section | ||||||
4 | 3-6037 of the Counties Code 3 of "An Act in relation to the | ||||||
5 | regulation of motor vehicle traffic and the promotion of | ||||||
6 | safety on public highways in counties", approved August 9, | ||||||
7 | 1951, as amended . The Coordinator shall have direct | ||||||
8 | responsibility for the organization, administration, training, | ||||||
9 | and operation of the emergency services and disaster agency, | ||||||
10 | subject to the direction and control of that principal | ||||||
11 | executive officer. Each emergency services and disaster agency | ||||||
12 | shall coordinate and may perform emergency management | ||||||
13 | functions within the territorial limits of the political | ||||||
14 | subdivision within which it is organized as are prescribed in | ||||||
15 | and by the State Emergency Operations Plan, and programs, | ||||||
16 | orders, rules , and regulations as may be promulgated by the | ||||||
17 | Illinois Emergency Management Agency and by local ordinance | ||||||
18 | and, in addition, shall conduct such functions outside of | ||||||
19 | those territorial limits as may be required under mutual aid | ||||||
20 | agreements and compacts as are entered into under subparagraph | ||||||
21 | (5) of paragraph (c) of Section 6. | ||||||
22 | (j) In carrying out the provisions of this Act, each | ||||||
23 | political subdivision may enter into contracts and incur | ||||||
24 | obligations necessary to place it in a position effectively to | ||||||
25 | combat the disasters as are described in Section 4, to protect | ||||||
26 | the health and safety of persons, to protect property, and to |
| |||||||
| |||||||
1 | provide emergency assistance to victims of those disasters. If | ||||||
2 | a disaster occurs, each political subdivision may exercise the | ||||||
3 | powers vested under this Section in the light of the | ||||||
4 | exigencies of the disaster and, excepting mandatory | ||||||
5 | constitutional requirements, without regard to the procedures | ||||||
6 | and formalities normally prescribed by law pertaining to the | ||||||
7 | performance of public work, entering into contracts, the | ||||||
8 | incurring of obligations, the employment of temporary workers, | ||||||
9 | the rental of equipment, the purchase of supplies and | ||||||
10 | materials, and the appropriation, expenditure, and disposition | ||||||
11 | of public funds and property. | ||||||
12 | (k) Volunteers who, while engaged in a disaster, an | ||||||
13 | exercise, training related to the emergency operations plan of | ||||||
14 | the political subdivision, or a search-and-rescue team | ||||||
15 | response to an occurrence or threat of injury or loss of life | ||||||
16 | that is beyond local response capabilities, suffer disease, | ||||||
17 | injury , or death, shall, for the purposes of benefits under | ||||||
18 | the Workers' Compensation Act or Workers' Occupational | ||||||
19 | Diseases Act only, be deemed to be employees of the State, if: | ||||||
20 | (1) the claimant is a duly qualified and enrolled (sworn in) as | ||||||
21 | a volunteer of the Illinois Emergency Management Agency or an | ||||||
22 | emergency services and disaster agency accredited by the | ||||||
23 | Illinois Emergency Management Agency, and (2) if: (i) the | ||||||
24 | claimant was participating in a disaster as defined in Section | ||||||
25 | 4 of this Act, (ii) the exercise or training participated in | ||||||
26 | was specifically and expressly approved by the Illinois |
| |||||||
| |||||||
1 | Emergency Management Agency prior to the exercise or training, | ||||||
2 | or (iii) the search-and-rescue team response was to an | ||||||
3 | occurrence or threat of injury or loss of life that was beyond | ||||||
4 | local response capabilities and was specifically and expressly | ||||||
5 | approved by the Illinois Emergency Management Agency prior to | ||||||
6 | the search-and-rescue team response. The computation of | ||||||
7 | benefits payable under either of those Acts shall be based on | ||||||
8 | the income commensurate with comparable State employees doing | ||||||
9 | the same type work or income from the person's regular | ||||||
10 | employment, whichever is greater. | ||||||
11 | Volunteers who are working under the direction of an | ||||||
12 | emergency services and disaster agency accredited by the | ||||||
13 | Illinois Emergency Management Agency, pursuant to a plan | ||||||
14 | approved by the Illinois Emergency Management Agency (i) | ||||||
15 | during a disaster declared by the Governor under Section 7 of | ||||||
16 | this Act, or (ii) in circumstances otherwise expressly | ||||||
17 | approved by the Illinois Emergency Management Agency, shall be | ||||||
18 | deemed exclusively employees of the State for purposes of | ||||||
19 | Section 8(d) of the Court of Claims Act, provided that the | ||||||
20 | Illinois Emergency Management Agency may, in coordination with | ||||||
21 | the emergency services and disaster agency, audit | ||||||
22 | implementation for compliance with the plan. | ||||||
23 | (l) If any person who is entitled to receive benefits | ||||||
24 | through the application of this Section receives, in | ||||||
25 | connection with the disease, injury , or death giving rise to | ||||||
26 | such entitlement, benefits under an Act of Congress or federal |
| |||||||
| |||||||
1 | program, benefits payable under this Section shall be reduced | ||||||
2 | to the extent of the benefits received under that other Act or | ||||||
3 | program. | ||||||
4 | (m) (1) Prior to conducting an exercise, the principal | ||||||
5 | executive officer of a political subdivision or his or her | ||||||
6 | designee shall provide area media with written notification of | ||||||
7 | the exercise. The notification shall indicate that information | ||||||
8 | relating to the exercise shall not be released to the public | ||||||
9 | until the commencement of the exercise. The notification shall | ||||||
10 | also contain a request that the notice be so posted to ensure | ||||||
11 | that all relevant media personnel are advised of the exercise | ||||||
12 | before it begins. | ||||||
13 | (2) During the conduct of an exercise, all messages, 2-way | ||||||
14 | two-way radio communications, briefings, status reports, news | ||||||
15 | releases, and other oral or written communications shall begin | ||||||
16 | and end with the following statement: "This is an exercise | ||||||
17 | message". | ||||||
18 | (Source: P.A. 94-733, eff. 4-27-06.) | ||||||
19 | (20 ILCS 3305/12) (from Ch. 127, par. 1062) | ||||||
20 | Sec. 12. Testing of disaster warning devices Disaster | ||||||
21 | Warning Devices . The testing of disaster warning devices | ||||||
22 | including outdoor warning sirens shall be held only on the | ||||||
23 | first Tuesday of each month at 10 o'clock in the morning or | ||||||
24 | during exercises that are specifically and expressly approved | ||||||
25 | in advance by the Illinois Emergency Management Agency. |
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| |||||||
1 | (Source: P.A. 92-73, eff. 1-1-02.) | ||||||
2 | (20 ILCS 3305/14) (from Ch. 127, par. 1064) | ||||||
3 | Sec. 14. Communications. The Illinois Emergency Management | ||||||
4 | Agency shall ascertain what means exist for rapid and | ||||||
5 | efficient communications in times of disaster. The Illinois | ||||||
6 | Emergency Management Agency shall consider the desirability of | ||||||
7 | supplementing these communications resources or of integrating | ||||||
8 | them into a comprehensive State or State-Federal | ||||||
9 | telecommunications or other communications system or network. | ||||||
10 | In studying the character and feasibility of any system or its | ||||||
11 | several parts, the Illinois Emergency Management Agency shall | ||||||
12 | evaluate the possibility of multipurpose use thereof for | ||||||
13 | general State and political subdivision purposes. The Illinois | ||||||
14 | Emergency Management Agency may promulgate rules to establish | ||||||
15 | policies and procedures relating to telecommunications and the | ||||||
16 | continuation of rapid and efficient communications in times of | ||||||
17 | disaster to the extent authorized by any provision of this Act | ||||||
18 | or other laws and regulations. The Illinois Emergency | ||||||
19 | Management Agency shall make recommendations to the Governor | ||||||
20 | as appropriate. | ||||||
21 | (Source: P.A. 86-755; 87-168.) | ||||||
22 | (20 ILCS 3305/18) (from Ch. 127, par. 1068) | ||||||
23 | Sec. 18. Orders, rules, and regulations Rules and | ||||||
24 | Regulations . |
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| |||||||
1 | (a) The Governor shall file a copy of every rule, | ||||||
2 | regulation , or order, and any amendment thereof made by the | ||||||
3 | Governor under the provisions of this Act in the office of the | ||||||
4 | Secretary of State. Upon No rule, regulation or order, or any | ||||||
5 | amendment thereof shall be effective until 10 days after the | ||||||
6 | filing, provided, however, that upon the declaration of a | ||||||
7 | disaster by the Governor as is described in Section 7 the | ||||||
8 | provision relating to the effective date of any rule, | ||||||
9 | regulation, order , or amendment issued under this Act and | ||||||
10 | during the state of disaster is abrogated, and the rule, | ||||||
11 | regulation, order , or amendment shall become effective | ||||||
12 | immediately upon being filed with the Secretary of State | ||||||
13 | accompanied by a certificate stating the reason as required by | ||||||
14 | the Illinois Administrative Procedure Act. | ||||||
15 | (b) Every emergency services and disaster agency | ||||||
16 | established pursuant to this Act and the coordinators thereof | ||||||
17 | shall execute and enforce the orders, rules and regulations as | ||||||
18 | may be made by the Governor under authority of this Act. Each | ||||||
19 | emergency services and disaster agency shall have available | ||||||
20 | for inspection at its office all orders, rules , and | ||||||
21 | regulations made by the Governor, or under the Governor's | ||||||
22 | authority. The Illinois Emergency Management Agency shall | ||||||
23 | publish furnish on the Agency's Department's website the | ||||||
24 | orders, rules , and regulations to each such emergency services | ||||||
25 | and disaster agency . Upon the written request of an emergency | ||||||
26 | services and or disaster agency, copies thereof shall be |
| |||||||
| |||||||
1 | mailed to the emergency services and or disaster agency. | ||||||
2 | (Source: P.A. 98-44, eff. 6-28-13.) | ||||||
3 | (20 ILCS 3305/20) (from Ch. 127, par. 1070) | ||||||
4 | Sec. 20. Oath Emergency Management Agency; personnel; | ||||||
5 | oath . Each person, whether compensated or noncompensated, who | ||||||
6 | is appointed to serve in any capacity in the Illinois | ||||||
7 | Emergency Management Agency and Office of Homeland Security or | ||||||
8 | an emergency services and disaster agency, shall, before | ||||||
9 | entering upon his or her duties, take an oath, in writing, | ||||||
10 | before the Director or before the coordinator of that | ||||||
11 | emergency services and disaster agency or before other persons | ||||||
12 | authorized to administer oaths in this State, which oath shall | ||||||
13 | be filed with the Director or with the coordinator of the | ||||||
14 | emergency services and disaster agency with which he or she | ||||||
15 | shall serve and which oath shall be substantially as follows: | ||||||
16 | "I, _______________, do solemnly swear (or affirm) that I | ||||||
17 | will support and defend and bear true faith and allegiance to | ||||||
18 | the Constitution of the United States and the Constitution of | ||||||
19 | the State of Illinois, and the territory, institutions and | ||||||
20 | facilities thereof, both public and private, against all | ||||||
21 | enemies, foreign and domestic; that I take this obligation | ||||||
22 | freely, without any mental reservation or purpose of evasion; | ||||||
23 | and that I will well and faithfully discharge the duties upon | ||||||
24 | which I am about to enter. And I do further swear (or affirm) | ||||||
25 | that I do not advocate, nor am I, nor have I been a member of |
| |||||||
| |||||||
1 | any political party or organization that advocates the | ||||||
2 | overthrow of the government of the United States or of this | ||||||
3 | State by force or violence; and that during such time as I am | ||||||
4 | affiliated with the (name of political subdivision), I will | ||||||
5 | not advocate nor become a member of any political party or | ||||||
6 | organization that advocates the overthrow of the government of | ||||||
7 | the United States or of this State by force or violence." | ||||||
8 | (Source: P.A. 92-73, eff. 1-1-02.) | ||||||
9 | (20 ILCS 3305/23) | ||||||
10 | (Section scheduled to be repealed on January 1, 2032) | ||||||
11 | Sec. 23. Access and Functional Needs Advisory Committee. | ||||||
12 | (a) In this Section, "Advisory Committee" means the Access | ||||||
13 | and Functional Needs Advisory Committee. | ||||||
14 | (b) The Access and Functional Needs Advisory Committee is | ||||||
15 | created. | ||||||
16 | (c) The Advisory Committee shall: | ||||||
17 | (1) Coordinate meetings occurring, at a minimum, 3 | ||||||
18 | times each year, in addition to emergency meetings called | ||||||
19 | by the chairperson of the Advisory Committee. | ||||||
20 | (2) Research and provide recommendations for | ||||||
21 | identifying and effectively responding to the needs of | ||||||
22 | persons with access and functional needs before, during, | ||||||
23 | and after a disaster using an intersectional lens for | ||||||
24 | equity. | ||||||
25 | (3) Provide recommendations to the Illinois Emergency |
| |||||||
| |||||||
1 | Management Agency regarding how to ensure that persons | ||||||
2 | with a disability are included in disaster strategies and | ||||||
3 | emergency management plans, including updates and | ||||||
4 | implementation of disaster strategies and emergency | ||||||
5 | management plans. | ||||||
6 | (4) Review and provide recommendations for the | ||||||
7 | Illinois Emergency Management Agency, and all relevant | ||||||
8 | State agencies that are involved in drafting and | ||||||
9 | implementing the Illinois Emergency Operation Plan, to | ||||||
10 | integrate access and functional needs into State and local | ||||||
11 | emergency plans. | ||||||
12 | (d) The Advisory Committee shall be composed of the | ||||||
13 | Director of the Illinois Emergency Management Agency or his or | ||||||
14 | her designee, the Attorney General or his or her designee, the | ||||||
15 | Secretary of Human Services or his or her designee, the | ||||||
16 | Director of Aging or his or her designee, and the Director of | ||||||
17 | Public Health or his or her designee, together with the | ||||||
18 | following members appointed by the Governor on or before | ||||||
19 | January 1, 2022: | ||||||
20 | (1) Two members, either from a municipal or | ||||||
21 | county-level emergency agency or a local emergency | ||||||
22 | management coordinator. | ||||||
23 | (2) Nine members from the community of persons with a | ||||||
24 | disability who represent persons with different types of | ||||||
25 | disabilities, including, but not limited to, individuals | ||||||
26 | with mobility and physical disabilities, hearing and |
| |||||||
| |||||||
1 | visual disabilities, deafness or who are hard of hearing, | ||||||
2 | blindness or who have low vision, mental health | ||||||
3 | disabilities, and intellectual or developmental | ||||||
4 | disabilities. Members appointed under this paragraph shall | ||||||
5 | reflect a diversity of age, gender, race, and ethnic | ||||||
6 | background. | ||||||
7 | (3) Four members who represent first responders from | ||||||
8 | different geographic geographical regions around the | ||||||
9 | State. | ||||||
10 | (e) Of those members appointed by the Governor, the | ||||||
11 | initial appointments of 6 members shall be for terms of 2 years | ||||||
12 | and the initial appointments of 5 members shall be for terms of | ||||||
13 | 4 years. Thereafter, members shall be appointed for terms of 4 | ||||||
14 | years. A member shall serve until his or her successor is | ||||||
15 | appointed and qualified. If a vacancy occurs in the Advisory | ||||||
16 | Committee membership, the vacancy shall be filled in the same | ||||||
17 | manner as the original appointment for the remainder of the | ||||||
18 | unexpired term. | ||||||
19 | (f) After all the members are appointed, and annually | ||||||
20 | thereafter, they shall elect a chairperson from among the | ||||||
21 | members appointed under paragraph (2) of subsection (d). | ||||||
22 | (g) The initial meeting of the Advisory Committee shall be | ||||||
23 | convened by the Director of the Illinois Emergency Management | ||||||
24 | Agency no later than February 1, 2022. | ||||||
25 | (h) Advisory Committee members shall serve without | ||||||
26 | compensation. |
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| |||||||
1 | (i) The Illinois Emergency Management Agency shall provide | ||||||
2 | administrative support to the Advisory Committee. | ||||||
3 | (j) The Advisory Committee shall prepare and deliver a | ||||||
4 | report to the General Assembly, the Governor's Office, and the | ||||||
5 | Illinois Emergency Management Agency by July 1, 2022, and | ||||||
6 | annually thereafter. The report shall include the following: | ||||||
7 | (1) Identification of core emergency management | ||||||
8 | services that need to be updated or changed to ensure the | ||||||
9 | needs of persons with a disability are met, and shall | ||||||
10 | include disaster strategies in State and local emergency | ||||||
11 | plans. | ||||||
12 | (2) Any proposed changes in State policies, laws, | ||||||
13 | rules, or regulations necessary to fulfill the purposes of | ||||||
14 | this Act. | ||||||
15 | (3) Recommendations on improving the accessibility and | ||||||
16 | effectiveness of disaster and emergency communication. | ||||||
17 | (4) Recommendations on comprehensive training for | ||||||
18 | first responders and other frontline workers when working | ||||||
19 | with persons with a disability during emergency situations | ||||||
20 | or disasters, as defined in Section 4 of the Illinois | ||||||
21 | Emergency Management Agency Act . | ||||||
22 | (5) Any additional recommendations regarding emergency | ||||||
23 | management and persons with a disability that the Advisory | ||||||
24 | Committee deems necessary. | ||||||
25 | (k) The annual report prepared and delivered under | ||||||
26 | subsection (j) shall be annually considered by the Illinois |
| |||||||
| |||||||
1 | Emergency Management Agency when developing new State and | ||||||
2 | local emergency plans or updating existing State and local | ||||||
3 | emergency plans. | ||||||
4 | (l) The Advisory Committee is dissolved and this Section | ||||||
5 | is repealed on January 1, 2032. | ||||||
6 | (Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21; | ||||||
7 | 103-154, eff. 6-30-23.) | ||||||
8 | (20 ILCS 3305/24 new) | ||||||
9 | Sec. 24. Illinois Homeland Security Advisory Council | ||||||
10 | (IL-HSAC). | ||||||
11 | (a) The Illinois Homeland Security Advisory Council | ||||||
12 | (IL-HSAC) is hereby created. | ||||||
13 | (b) The IL-HSAC shall report directly to the Homeland | ||||||
14 | Security Advisor, who shall serve as the Chairperson. | ||||||
15 | (c) The Deputy Homeland Security Advisor shall serve as | ||||||
16 | Vice-Chair. | ||||||
17 | (d) The Homeland Security Advisor may appoint a Chair Pro | ||||||
18 | Tempore to oversee the daily operations and administrative | ||||||
19 | responsibilities of the IL-HSAC. | ||||||
20 | (e) The Homeland Security Advisor shall, with approval of | ||||||
21 | the Governor, modify the structure of the IL-HSAC as | ||||||
22 | appropriate and consistent with this Section. | ||||||
23 | (f) The IL-HSAC shall submit an annual report to the | ||||||
24 | Governor by March 1 of each year. The report shall detail the | ||||||
25 | activities, accomplishments, and recommendations of the |
| |||||||
| |||||||
1 | IL-HSAC in the preceding year. | ||||||
2 | (g) The Agency shall provide administrative support for | ||||||
3 | the IL-HSAC. | ||||||
4 | (h) Entities may be appointed to IL-HSAC with nomination | ||||||
5 | by the Homeland Security Advisor and approval by the Governor. | ||||||
6 | (i) The IL-HSAC shall have the following powers and | ||||||
7 | duties: | ||||||
8 | (1) The IL-HSAC shall serve as the State Advisory | ||||||
9 | Committee with respect to funds received through the | ||||||
10 | federal Homeland Security Grant Program. In that capacity, | ||||||
11 | the IL-HSAC shall provide recommendations to the Homeland | ||||||
12 | Security Advisor on issues related to the application for | ||||||
13 | and use of all appropriate federal funding that relates to | ||||||
14 | preventing, protecting against, mitigating, responding to | ||||||
15 | and recovering from acts of terrorism and other threats. | ||||||
16 | (2) The IL-HSAC shall provide recommendations to the | ||||||
17 | Homeland Security Advisor on the following: | ||||||
18 | (A) appropriate training of local, regional, and | ||||||
19 | state officials to respond to terrorist incidents | ||||||
20 | involving conventional, chemical, biological, and | ||||||
21 | nuclear weapons; | ||||||
22 | (B) applications for and use of all appropriate | ||||||
23 | State and other funds as may be appropriate and | ||||||
24 | available relating to homeland security; | ||||||
25 | (C) public safety preparedness and mutual aid to | ||||||
26 | include strategies and tactics to coordinate |
| |||||||
| |||||||
1 | multi-agency response to significant events, such as | ||||||
2 | acts of terrorism or natural disasters, where | ||||||
3 | coordination of local, State, and private resources is | ||||||
4 | necessary; | ||||||
5 | (D) coordination of public safety resources and | ||||||
6 | combating terrorism in Illinois; and | ||||||
7 | (E) any changes needed in State statutes, | ||||||
8 | administrative rules, or in the Illinois Emergency | ||||||
9 | Operations Plan. | ||||||
10 | (20 ILCS 3305/25 new) | ||||||
11 | Sec. 25. Statewide Interoperability Coordinator. | ||||||
12 | (a) The Statewide Interoperability Coordinator is hereby | ||||||
13 | created as a position within the Agency's Office of Homeland | ||||||
14 | Security. | ||||||
15 | (b) The duties and responsibilities of the Statewide | ||||||
16 | Interoperability Coordinator shall be as follows: | ||||||
17 | (1) The Statewide Interoperability Coordinator shall | ||||||
18 | serve as the central coordination point for the State's | ||||||
19 | communications interoperability and shall assist with | ||||||
20 | mediation between State and local agencies to achieve an | ||||||
21 | interoperable communications system. | ||||||
22 | (2) The Statewide Interoperability Coordinator shall | ||||||
23 | develop and disseminate best practices for public safety | ||||||
24 | communications interoperability. | ||||||
25 | (3) The Statewide Interoperability Coordinator shall |
| |||||||
| |||||||
1 | advise the Homeland Security Advisor and Deputy Director | ||||||
2 | of the Agency's Office of Homeland Security on public | ||||||
3 | safety communications interoperability. | ||||||
4 | (4) The Statewide Interoperability Coordinator shall | ||||||
5 | serve as a member of the Statewide Interoperability | ||||||
6 | Executive Committee or its successor entity and may act on | ||||||
7 | behalf of the Statewide Interoperability Executive | ||||||
8 | Committee. | ||||||
9 | (5) The Statewide Interoperability Coordinator shall | ||||||
10 | recommend regulatory changes relating to public safety | ||||||
11 | communications and interoperability activities in | ||||||
12 | partnership with 9-1-1 administrators, operators of | ||||||
13 | statewide radio systems, emergency management | ||||||
14 | coordinators, and relevant State agencies. | ||||||
15 | (6) The Statewide Interoperability Coordinator shall | ||||||
16 | identify funding opportunities for planned | ||||||
17 | interoperability improvements and coordinate efforts to | ||||||
18 | provide funding. | ||||||
19 | (7) The Statewide Interoperability Coordinator shall | ||||||
20 | advise on the issuance of grants related to public safety | ||||||
21 | and for interoperability communication. | ||||||
22 | (8) The Statewide Interoperability Coordinator shall | ||||||
23 | engage stakeholders to coordinate the Statewide | ||||||
24 | Communications Interoperability Plan. | ||||||
25 | (9) The Statewide Interoperability Coordinator shall | ||||||
26 | represent the State in national, regional, and local |
| |||||||
| |||||||
1 | efforts to plan and implement changes needed to achieve | ||||||
2 | interoperability and continuity of communications for | ||||||
3 | emergency responders. | ||||||
4 | (10) The Statewide Interoperability Coordinator shall | ||||||
5 | develop and implement the strategic program for all public | ||||||
6 | safety communications and interoperability activities in | ||||||
7 | partnership with 9-1-1 administrators, operators of | ||||||
8 | statewide radio systems, emergency management | ||||||
9 | coordinators, and the State Administrative Agency. ". |