Sen. Mike Porfirio
Filed: 11/15/2024
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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 Early Childhood. |
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1 | The Department of Employment Security. | ||||||
2 | The Illinois Emergency Management Agency and Office of | ||||||
3 | Homeland Security . | ||||||
4 | The Department of Financial and Professional Regulation. | ||||||
5 | The Department of Healthcare and Family Services. | ||||||
6 | The Department of Human Rights. | ||||||
7 | The Department of Human Services. | ||||||
8 | The Department of Innovation and Technology. | ||||||
9 | The Department of Insurance. | ||||||
10 | The Department of Juvenile Justice. | ||||||
11 | The Department of Labor. | ||||||
12 | The Department of the Lottery. | ||||||
13 | The Department of Natural Resources. | ||||||
14 | The Department of Public Health. | ||||||
15 | The Department of Revenue. | ||||||
16 | The Illinois State Police. | ||||||
17 | The Department of Transportation. | ||||||
18 | The Department of Veterans' Affairs. | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.) | ||||||
20 | (20 ILCS 5/5-20) (was 20 ILCS 5/4) | ||||||
21 | Sec. 5-20. Heads of departments. Each department shall | ||||||
22 | have an officer as its head who shall be known as director or | ||||||
23 | secretary and who shall, subject to the provisions of the | ||||||
24 | Civil Administrative Code of Illinois, execute the powers and | ||||||
25 | discharge the duties vested by law in his or her respective |
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1 | department. | ||||||
2 | The following officers are hereby created: | ||||||
3 | Director of Aging, for the Department on Aging. | ||||||
4 | Director of Agriculture, for the Department of | ||||||
5 | Agriculture. | ||||||
6 | Director of Central Management Services, for the | ||||||
7 | Department of Central Management Services. | ||||||
8 | Director of Children and Family Services, for the | ||||||
9 | Department of Children and Family Services. | ||||||
10 | Director of Commerce and Economic Opportunity, for the | ||||||
11 | Department of Commerce and Economic Opportunity. | ||||||
12 | Director of Corrections, for the Department of | ||||||
13 | Corrections. | ||||||
14 | Director of the Illinois Emergency Management Agency and | ||||||
15 | Office of Homeland Security , for the Illinois Emergency | ||||||
16 | Management Agency and Office of Homeland Security . | ||||||
17 | Secretary of Early Childhood, for the Department of Early | ||||||
18 | Childhood. | ||||||
19 | Director of Employment Security, for the Department of | ||||||
20 | Employment Security. | ||||||
21 | Secretary of Financial and Professional Regulation, for | ||||||
22 | the Department of Financial and Professional Regulation. | ||||||
23 | Director of Healthcare and Family Services, for the | ||||||
24 | Department of Healthcare and Family Services. | ||||||
25 | Director of Human Rights, for the Department of Human | ||||||
26 | Rights. |
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1 | Secretary of Human Services, for the Department of Human | ||||||
2 | Services. | ||||||
3 | Secretary of Innovation and Technology, for the Department | ||||||
4 | of Innovation and Technology. | ||||||
5 | Director of Insurance, for the Department of Insurance. | ||||||
6 | Director of Juvenile Justice, for the Department of | ||||||
7 | Juvenile Justice. | ||||||
8 | Director of Labor, for the Department of Labor. | ||||||
9 | Director of the Lottery, for the Department of the | ||||||
10 | Lottery. | ||||||
11 | Director of Natural Resources, for the Department of | ||||||
12 | Natural Resources. | ||||||
13 | Director of Public Health, for the Department of Public | ||||||
14 | Health. | ||||||
15 | Director of Revenue, for the Department of Revenue. | ||||||
16 | Director of the Illinois State Police, for the Illinois | ||||||
17 | State Police. | ||||||
18 | Secretary of Transportation, for the Department of | ||||||
19 | Transportation. | ||||||
20 | Director of Veterans' Affairs, for the Department of | ||||||
21 | Veterans' Affairs. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.) | ||||||
23 | (20 ILCS 5/5-160) (was 20 ILCS 5/5.13h) | ||||||
24 | Sec. 5-160. In the Illinois Emergency Management Agency | ||||||
25 | and Office of Homeland Security . Assistant Director of the |
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1 | Emergency Management Agency and Office of Homeland Security . | ||||||
2 | (Source: P.A. 93-1029, eff. 8-25-04.) | ||||||
3 | (20 ILCS 5/5-425 new) | ||||||
4 | Sec. 5-425. In the Illinois Emergency Management Agency | ||||||
5 | and Office of Homeland Security. For terms beginning on or | ||||||
6 | after January 16, 2023, the Director shall receive an annual | ||||||
7 | salary of $180,000 or as set by the Governor, whichever is | ||||||
8 | higher. On July 1, 2023, and on each July 1 thereafter, the | ||||||
9 | Director shall receive an increase in salary based on a cost of | ||||||
10 | living adjustment as authorized by Senate Joint Resolution 192 | ||||||
11 | of the 86th General Assembly. | ||||||
12 | For terms beginning on or after January 16, 2023, the | ||||||
13 | Assistant Director of the Illinois Emergency Management Agency | ||||||
14 | and Office of Homeland Security shall receive an annual salary | ||||||
15 | of $156,600 or as set by the Governor, whichever is higher. On | ||||||
16 | July 1, 2023, and on each July 1 thereafter, the Assistant | ||||||
17 | Director shall receive an increase in salary based on a cost of | ||||||
18 | living adjustment as authorized by Senate Joint Resolution 192 | ||||||
19 | of the 86th General Assembly. | ||||||
20 | Section 10. The Illinois Emergency Management Agency Act | ||||||
21 | is amended by changing Sections 1, 2, 4, 5, 6, 7, 8, 10, 12, | ||||||
22 | 14, 18, 20, and 23 and by adding Sections 24 and 25 as follows: | ||||||
23 | (20 ILCS 3305/1) (from Ch. 127, par. 1051) |
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1 | Sec. 1. Short Title. This Act may be cited as the IEMA-OHS | ||||||
2 | Illinois Emergency Management Agency Act. | ||||||
3 | (Source: P.A. 87-168.) | ||||||
4 | (20 ILCS 3305/2) (from Ch. 127, par. 1052) | ||||||
5 | Sec. 2. Policy and purposes Purposes . | ||||||
6 | (a) Because of the possibility of the occurrence of | ||||||
7 | disasters of unprecedented size and destructiveness resulting | ||||||
8 | from the explosion in this or in neighboring states of atomic | ||||||
9 | or other means from without or by means of sabotage or other | ||||||
10 | disloyal actions within, or from fire, flood, earthquake, | ||||||
11 | telecommunications failure, or other natural or technological | ||||||
12 | causes, and in order to insure that this State will be prepared | ||||||
13 | to and will adequately deal with any disasters, preserve the | ||||||
14 | lives and property of the people of this State and protect the | ||||||
15 | public peace, health, and safety in the event of a disaster, it | ||||||
16 | is found and declared to be necessary: | ||||||
17 | (1) To create a State emergency management and | ||||||
18 | homeland security agency an Illinois Emergency Management | ||||||
19 | Agency and to authorize emergency management and homeland | ||||||
20 | security programs within the political subdivisions of the | ||||||
21 | State. | ||||||
22 | (2) To confer upon the Governor and upon the principal | ||||||
23 | executive officer of the political subdivisions of the | ||||||
24 | State the powers provided herein. | ||||||
25 | (3) To provide for the rendering of mutual aid among |
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1 | the political subdivisions and taxing districts of the | ||||||
2 | State and with other states and with respect to the | ||||||
3 | carrying out of an emergency management and homeland | ||||||
4 | security programs program . | ||||||
5 | (b) It is further declared to be the purpose of this Act | ||||||
6 | and the policy of the State that all emergency management and | ||||||
7 | homeland security programs of this State be coordinated to the | ||||||
8 | maximum extent with the comparable programs of the federal | ||||||
9 | government, including its various departments and agencies, of | ||||||
10 | other states and localities and private agencies of every | ||||||
11 | type, to the end that the most effective preparation and use | ||||||
12 | may be made of the nation's resources and facilities for | ||||||
13 | dealing with any disaster that may occur. | ||||||
14 | (Source: P.A. 87-168; 88-606, eff. 1-1-95.) | ||||||
15 | (20 ILCS 3305/4) (from Ch. 127, par. 1054) | ||||||
16 | Sec. 4. Definitions. As used in this Act, unless the | ||||||
17 | context clearly indicates otherwise, the following words and | ||||||
18 | terms have the meanings ascribed to them in this Section: | ||||||
19 | "Agency" or "IEMA-OHS" means the Illinois Emergency | ||||||
20 | Management Agency and Office of Homeland Security. | ||||||
21 | "Coordinator" means the staff assistant to the principal | ||||||
22 | executive officer of a political subdivision with the duty of | ||||||
23 | coordinating the emergency management programs of that | ||||||
24 | political subdivision. | ||||||
25 | "Cyber incident" means an event occurring on or conducted |
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1 | through a computer network that actually or imminently | ||||||
2 | jeopardizes the integrity, confidentiality, or availability of | ||||||
3 | computers, information , or communications systems or networks, | ||||||
4 | physical or virtual infrastructure controlled by computers or | ||||||
5 | information systems, or information resident thereon that | ||||||
6 | affect or control infrastructure or communications networks | ||||||
7 | utilized by the public. "Cyber incident" includes a | ||||||
8 | vulnerability in information systems, system security | ||||||
9 | procedures, internal controls, or implementations that could | ||||||
10 | be exploited by a threat source that affect or control | ||||||
11 | infrastructure or communications networks utilized by the | ||||||
12 | public. | ||||||
13 | "Director" means the Director of the Illinois Emergency | ||||||
14 | Management Agency and Office of Homeland Security. | ||||||
15 | "Disaster" means an occurrence or threat of widespread or | ||||||
16 | severe damage, injury , or loss of life or property resulting | ||||||
17 | from any natural, technological, or human cause, including , | ||||||
18 | but not limited to fire, flood, earthquake, wind, storm, | ||||||
19 | hazardous materials spill or other water contamination | ||||||
20 | requiring emergency action to avert danger or damage, | ||||||
21 | epidemic, air contamination, blight, extended periods of | ||||||
22 | severe and inclement weather, drought, infestation, critical | ||||||
23 | shortages of essential fuels and energy, explosion, riot, | ||||||
24 | hostile military or paramilitary action, public health | ||||||
25 | emergencies, cyber incidents, or acts of domestic terrorism. | ||||||
26 | "Emergency management Management " means the efforts of the |
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1 | State and the political subdivisions to develop, plan, | ||||||
2 | analyze, conduct, provide, implement , and maintain programs | ||||||
3 | for disaster mitigation, preparedness, response , and recovery. | ||||||
4 | "Emergency Services and Disaster Agency" means the agency | ||||||
5 | by this name, by the name Emergency Management Agency, or by | ||||||
6 | any other name that is established by ordinance within a | ||||||
7 | political subdivision to coordinate the emergency management | ||||||
8 | program within that political subdivision and with private | ||||||
9 | organizations, other political subdivisions, the State , and | ||||||
10 | federal governments. | ||||||
11 | "Emergency operations plan Operations Plan " means the | ||||||
12 | written plan of the State and political subdivisions | ||||||
13 | describing the organization, mission, and functions of the | ||||||
14 | government and supporting services for responding to and | ||||||
15 | recovering from disasters and shall include plans that take | ||||||
16 | into account the needs of those individuals with household | ||||||
17 | pets and service animals following a major disaster or | ||||||
18 | emergency. | ||||||
19 | "Emergency services Services " means the coordination of | ||||||
20 | functions by the State and its political subdivisions | ||||||
21 | subdivision , other than functions for which military forces | ||||||
22 | are primarily responsible, as may be necessary or proper to | ||||||
23 | prevent, minimize, repair, and alleviate injury and damage | ||||||
24 | resulting from any natural or technological causes. These | ||||||
25 | functions include, without limitation, fire fighting services, | ||||||
26 | police services, emergency aviation services, medical and |
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1 | health services, HazMat and technical rescue teams, rescue, | ||||||
2 | engineering, warning services, communications, radiological, | ||||||
3 | chemical and other special weapons defense, evacuation of | ||||||
4 | persons from stricken or threatened areas, emergency assigned | ||||||
5 | functions of plant protection, temporary restoration of public | ||||||
6 | utility services , and other functions related to civilian | ||||||
7 | protection, together with all other activities necessary or | ||||||
8 | incidental to protecting life or property. | ||||||
9 | "Exercise" means an event or activity delivered through | ||||||
10 | discussion or action to develop, assess, or validate | ||||||
11 | capabilities to achieve planned objectives. a planned event | ||||||
12 | realistically simulating a disaster, conducted for the purpose | ||||||
13 | of evaluating the political subdivision's coordinated | ||||||
14 | emergency management capabilities, including, but not limited | ||||||
15 | to, testing the emergency operations plan. | ||||||
16 | "HazMat team" means a career or volunteer mobile support | ||||||
17 | team that has been authorized by a unit of local government to | ||||||
18 | respond to hazardous materials emergencies and that is | ||||||
19 | primarily designed for emergency response to chemical or | ||||||
20 | biological terrorism, radiological emergencies, hazardous | ||||||
21 | material spills, releases, or fires, or other contamination | ||||||
22 | events. | ||||||
23 | "Illinois Emergency Management Agency and Office of | ||||||
24 | Homeland Security " or "Agency" means the agency established by | ||||||
25 | this Act within the executive branch of State Government | ||||||
26 | responsible for coordination of the overall emergency |
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1 | management and homeland security programs program of the State | ||||||
2 | and with private organizations, political subdivisions, and | ||||||
3 | the federal government. " Illinois Emergency Management Agency | ||||||
4 | and Office of Homeland Security" also means the State | ||||||
5 | Emergency Response Commission responsible for the | ||||||
6 | implementation of Title III of the Superfund Amendments and | ||||||
7 | Reauthorization Act of 1986. | ||||||
8 | "Interoperable communications" means communications, | ||||||
9 | including the exchange of voice data, and video on demand in | ||||||
10 | real time, by emergency response providers and relevant State | ||||||
11 | and local government agencies through a dedicated public | ||||||
12 | safety network using information technology systems and radio | ||||||
13 | communications systems. | ||||||
14 | "Mobile support team Support Team " means a group of | ||||||
15 | individuals designated as a team by the Governor or Director | ||||||
16 | to train prior to and to be dispatched, if the Governor or the | ||||||
17 | Director so determines, to aid and reinforce the State and | ||||||
18 | political subdivision emergency management efforts in response | ||||||
19 | to a disaster. | ||||||
20 | "Municipality" means any city, village, and incorporated | ||||||
21 | town. | ||||||
22 | "Political subdivision Subdivision " means any county, | ||||||
23 | city, village, or incorporated town or township if the | ||||||
24 | township is in a county having a population of more than | ||||||
25 | 2,000,000. | ||||||
26 | "Principal executive officer Executive Officer " means |
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1 | chair of the county board, supervisor of a township if the | ||||||
2 | township is in a county having a population of more than | ||||||
3 | 2,000,000, mayor of a city or incorporated town, president of | ||||||
4 | a village, or in their absence or disability, the interim | ||||||
5 | successor as established under Section 7 of the Emergency | ||||||
6 | Interim Executive Succession Act. | ||||||
7 | "Public health emergency" means an occurrence or imminent | ||||||
8 | threat of an illness or health condition that: | ||||||
9 | (a) is believed to be caused by any of the following: | ||||||
10 | (i) bioterrorism; | ||||||
11 | (ii) the appearance of a novel or previously | ||||||
12 | controlled or eradicated infectious agent or | ||||||
13 | biological toxin; | ||||||
14 | (iii) a natural disaster; | ||||||
15 | (iv) a chemical attack or accidental release; or | ||||||
16 | (v) a nuclear attack or accident; and | ||||||
17 | (b) poses a high probability of any of the following | ||||||
18 | harms: | ||||||
19 | (i) a large number of deaths in the affected | ||||||
20 | population; | ||||||
21 | (ii) a large number of serious or long-term | ||||||
22 | disabilities in the affected population; or | ||||||
23 | (iii) widespread exposure to an infectious or | ||||||
24 | toxic agent that poses a significant risk of | ||||||
25 | substantial future harm to a large number of people in | ||||||
26 | the affected population. |
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1 | "Statewide mutual aid organization" means an entity with | ||||||
2 | local government members throughout the State that facilitates | ||||||
3 | temporary assistance through its members in a particular | ||||||
4 | public safety discipline, such as police, fire , or emergency | ||||||
5 | management, when an occurrence exceeds a member jurisdiction's | ||||||
6 | capabilities. | ||||||
7 | "Technical rescue team" means a career or volunteer mobile | ||||||
8 | support team that has been authorized by a unit of local | ||||||
9 | government to respond to building collapse, high angle rescue, | ||||||
10 | and other specialized rescue emergencies and that is primarily | ||||||
11 | designated for emergency response to technical rescue events. | ||||||
12 | (Source: P.A. 102-485, eff. 8-20-21.) | ||||||
13 | (20 ILCS 3305/5) | ||||||
14 | (Text of Section before amendment by P.A. 103-588 and | ||||||
15 | 103-999 ) | ||||||
16 | Sec. 5. Illinois Emergency Management Agency and Office of | ||||||
17 | Homeland Security . | ||||||
18 | (a) Establishment of the Illinois Emergency Management | ||||||
19 | Agency and Office of Homeland Security. There is created | ||||||
20 | within the executive branch of the State Government an | ||||||
21 | Illinois Emergency Management Agency and Office of Homeland | ||||||
22 | Security and a Director of the Illinois Emergency Management | ||||||
23 | Agency and Office of Homeland Security , herein called the | ||||||
24 | "Director" who shall be the head of the Agency thereof . The | ||||||
25 | Director shall be appointed by the Governor, with the advice |
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1 | and consent of the Senate, and shall serve for a term of 2 | ||||||
2 | years beginning on the third Monday in January of the | ||||||
3 | odd-numbered year, and until a successor is appointed and has | ||||||
4 | qualified ; except that the term of the first Director | ||||||
5 | appointed under this Act shall expire on the third Monday in | ||||||
6 | January, 1989. The Director shall not hold any other | ||||||
7 | remunerative public office. For terms beginning after January | ||||||
8 | 18, 2019 (the effective date of Public Act 100-1179) and | ||||||
9 | before January 16, 2023, the annual salary of the Director | ||||||
10 | shall be as provided in Section 5-300 of the Civil | ||||||
11 | Administrative Code of Illinois. Notwithstanding any other | ||||||
12 | provision of law, for terms beginning on or after January 16, | ||||||
13 | 2023, the Director shall receive an annual salary of $180,000 | ||||||
14 | or as set by the Governor, whichever is higher. On July 1, | ||||||
15 | 2023, and on each July 1 thereafter, the Director shall | ||||||
16 | receive an increase in salary based on a cost of living | ||||||
17 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
18 | 86th General Assembly. | ||||||
19 | For terms beginning on or after January 16, 2023, the | ||||||
20 | Assistant Director of the Illinois Emergency Management Agency | ||||||
21 | shall receive an annual salary of $156,600 or as set by the | ||||||
22 | Governor, whichever is higher. On July 1, 2023, and on each | ||||||
23 | July 1 thereafter, the Assistant Director shall receive an | ||||||
24 | increase in salary based on a cost of living adjustment as | ||||||
25 | authorized by Senate Joint Resolution 192 of the 86th General | ||||||
26 | Assembly. |
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1 | (b) Agency personnel. The Illinois Emergency Management | ||||||
2 | Agency shall obtain, under the provisions of the Personnel | ||||||
3 | Code, technical, clerical, stenographic , and other | ||||||
4 | administrative personnel, and may make expenditures within the | ||||||
5 | appropriation therefor as may be necessary to carry out the | ||||||
6 | purpose of this Act. The agency created by this Act is intended | ||||||
7 | to be a successor to the agency created under the Illinois | ||||||
8 | Emergency Services and Disaster Agency Act of 1975 and the | ||||||
9 | personnel, equipment, records, and appropriations of that | ||||||
10 | agency are transferred to the successor agency as of June 30, | ||||||
11 | 1988 (the effective date of this Act). | ||||||
12 | (c) Responsibilities of the Director. The Director, | ||||||
13 | subject to the direction and control of the Governor, shall be | ||||||
14 | the executive head of the Illinois Emergency Management Agency | ||||||
15 | and the State Emergency Response Commission and shall be | ||||||
16 | responsible under the direction of the Governor, for carrying | ||||||
17 | out the programs program for emergency management , nuclear and | ||||||
18 | radiation safety, and homeland security of this State. The | ||||||
19 | Director shall also maintain liaison and cooperate with the | ||||||
20 | emergency management , nuclear and radiation safety, and | ||||||
21 | homeland security organizations of this State and other states | ||||||
22 | and of the federal government. | ||||||
23 | (d) Local emergency operations planning. The Illinois | ||||||
24 | Emergency Management Agency shall take an integral part in the | ||||||
25 | development and revision of political subdivision emergency | ||||||
26 | operations plans prepared under paragraph (f) of Section 10. |
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1 | To this end it shall employ or otherwise secure the services of | ||||||
2 | professional and technical personnel capable of providing | ||||||
3 | expert assistance to the emergency services and disaster | ||||||
4 | agencies. These personnel shall consult with emergency | ||||||
5 | services and disaster agencies on a regular basis and shall | ||||||
6 | make field examinations of the areas, circumstances, and | ||||||
7 | conditions that particular political subdivision emergency | ||||||
8 | operations plans are intended to apply. | ||||||
9 | (e) Local Emergency Planning Committee. The Illinois | ||||||
10 | Emergency Management Agency and political subdivisions shall | ||||||
11 | be encouraged to form an emergency management advisory | ||||||
12 | committee composed of private and public personnel | ||||||
13 | representing the emergency management phases of mitigation, | ||||||
14 | preparedness, response, and recovery. The Local Emergency | ||||||
15 | Planning Committee, as created under the Illinois Emergency | ||||||
16 | Planning and Community Right to Know Act, shall serve as an | ||||||
17 | advisory committee to the emergency services and disaster | ||||||
18 | agency or agencies serving within the boundaries of that Local | ||||||
19 | Emergency Planning Committee planning district for: | ||||||
20 | (1) the development of emergency operations plan | ||||||
21 | provisions for hazardous chemical emergencies; and | ||||||
22 | (2) the assessment of emergency response capabilities | ||||||
23 | related to hazardous chemical emergencies. | ||||||
24 | (f) Emergency management responsibilities of the Agency. | ||||||
25 | The Illinois Emergency Management Agency shall: | ||||||
26 | (1) Coordinate the overall emergency management |
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1 | program of the State. | ||||||
2 | (2) Cooperate with local governments, the federal | ||||||
3 | government, and any public or private agency or entity in | ||||||
4 | achieving any purpose of this Act and in implementing | ||||||
5 | emergency management programs for mitigation, | ||||||
6 | preparedness, response, and recovery. | ||||||
7 | (2.5) (Blank). Develop a comprehensive emergency | ||||||
8 | preparedness and response plan for any nuclear accident in | ||||||
9 | accordance with Section 65 of the Nuclear Safety Law of | ||||||
10 | 2004 and in development of the Illinois Nuclear Safety | ||||||
11 | Preparedness program in accordance with Section 8 of the | ||||||
12 | Illinois Nuclear Safety Preparedness Act. | ||||||
13 | (2.6) Coordinate with the Department of Public Health | ||||||
14 | with respect to planning for and responding to public | ||||||
15 | health emergencies. | ||||||
16 | (3) Prepare, for issuance by the Governor, executive | ||||||
17 | orders, proclamations, and regulations as necessary or | ||||||
18 | appropriate in coping with disasters. | ||||||
19 | (4) Promulgate rules and requirements for political | ||||||
20 | subdivision emergency operations plans that are not | ||||||
21 | inconsistent with and are at least as stringent as | ||||||
22 | applicable federal laws and regulations. | ||||||
23 | (5) Review and approve, in accordance with Illinois | ||||||
24 | Emergency Management Agency rules, emergency operations | ||||||
25 | plans for those political subdivisions required to have an | ||||||
26 | emergency services and disaster agency pursuant to this |
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1 | Act. | ||||||
2 | (5.5) Promulgate rules and requirements for the | ||||||
3 | political subdivision emergency management exercises, | ||||||
4 | including, but not limited to, exercises of the emergency | ||||||
5 | operations plans. | ||||||
6 | (5.10) Review, evaluate, and approve, in accordance | ||||||
7 | with Illinois Emergency Management Agency rules, political | ||||||
8 | subdivision emergency management exercises for those | ||||||
9 | political subdivisions required to have an emergency | ||||||
10 | services and disaster agency pursuant to this Act. | ||||||
11 | (6) Determine requirements of the State and its | ||||||
12 | political subdivisions for food, clothing, and other | ||||||
13 | necessities in event of a disaster. | ||||||
14 | (7) Establish a register of persons with types of | ||||||
15 | emergency management training and skills in mitigation, | ||||||
16 | preparedness, response, and recovery. | ||||||
17 | (8) Establish a register of government and private | ||||||
18 | response resources available for use in a disaster. | ||||||
19 | (9) Expand the Earthquake Awareness Program and its | ||||||
20 | efforts to distribute earthquake preparedness materials to | ||||||
21 | schools, political subdivisions, community groups, civic | ||||||
22 | organizations, and the media. Emphasis will be placed on | ||||||
23 | those areas of the State most at risk from an earthquake. | ||||||
24 | Maintain the list of all school districts, hospitals, | ||||||
25 | airports, power plants, including nuclear power plants, | ||||||
26 | lakes, dams, emergency response facilities of all types, |
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1 | and all other major public or private structures which are | ||||||
2 | at the greatest risk of damage from earthquakes under | ||||||
3 | circumstances where the damage would cause subsequent harm | ||||||
4 | to the surrounding communities and residents. | ||||||
5 | (10) Disseminate all information, completely and | ||||||
6 | without delay, on water levels for rivers and streams and | ||||||
7 | any other data pertaining to potential flooding supplied | ||||||
8 | by the Division of Water Resources within the Department | ||||||
9 | of Natural Resources to all political subdivisions to the | ||||||
10 | maximum extent possible. | ||||||
11 | (11) Develop agreements, if feasible, with medical | ||||||
12 | supply and equipment firms to supply resources as are | ||||||
13 | necessary to respond to an earthquake or any other | ||||||
14 | disaster as defined in this Act. These resources will be | ||||||
15 | made available upon notifying the vendor of the disaster. | ||||||
16 | Payment for the resources will be in accordance with | ||||||
17 | Section 7 of this Act. The Illinois Department of Public | ||||||
18 | Health shall determine which resources will be required | ||||||
19 | and requested. | ||||||
20 | (11.5) In coordination with the Illinois State Police, | ||||||
21 | develop and implement a community outreach program to | ||||||
22 | promote awareness among the State's parents and children | ||||||
23 | of child abduction prevention and response. | ||||||
24 | (12) Out of funds appropriated for these purposes, | ||||||
25 | award capital and non-capital grants to Illinois hospitals | ||||||
26 | or health care facilities located outside of a city with a |
| |||||||
| |||||||
1 | population in excess of 1,000,000 to be used for purposes | ||||||
2 | that include, but are not limited to, preparing to respond | ||||||
3 | to mass casualties and disasters, maintaining and | ||||||
4 | improving patient safety and quality of care, and | ||||||
5 | protecting the confidentiality of patient information. No | ||||||
6 | single grant for a capital expenditure shall exceed | ||||||
7 | $300,000. No single grant for a non-capital expenditure | ||||||
8 | shall exceed $100,000. In awarding such grants, preference | ||||||
9 | shall be given to hospitals that serve a significant | ||||||
10 | number of Medicaid recipients, but do not qualify for | ||||||
11 | disproportionate share hospital adjustment payments under | ||||||
12 | the Illinois Public Aid Code. To receive such a grant, a | ||||||
13 | hospital or health care facility must provide funding of | ||||||
14 | at least 50% of the cost of the project for which the grant | ||||||
15 | is being requested. In awarding such grants , the Illinois | ||||||
16 | Emergency Management Agency shall consider the | ||||||
17 | recommendations of the Illinois Hospital Association. | ||||||
18 | (13) (Blank). Do all other things necessary, | ||||||
19 | incidental or appropriate for the implementation of this | ||||||
20 | Act. | ||||||
21 | (g) School and campus grants. The Illinois Emergency | ||||||
22 | Management Agency is authorized to make grants to various | ||||||
23 | higher education institutions, public K-12 school districts, | ||||||
24 | area vocational centers as designated by the State Board of | ||||||
25 | Education, inter-district special education cooperatives, | ||||||
26 | regional safe schools, and nonpublic K-12 schools for safety |
| |||||||
| |||||||
1 | and security improvements. For the purpose of this subsection | ||||||
2 | (g), "higher education institution" means a public university, | ||||||
3 | a public community college, or an independent, not-for-profit | ||||||
4 | or for-profit higher education institution located in this | ||||||
5 | State. Grants made under this subsection (g) shall be paid out | ||||||
6 | of moneys appropriated for that purpose from the Build | ||||||
7 | Illinois Bond Fund. The Illinois Emergency Management Agency | ||||||
8 | shall adopt rules to implement this subsection (g). These | ||||||
9 | rules may specify: (1) (i) the manner of applying for grants; | ||||||
10 | (2) (ii) project eligibility requirements; (3) (iii) | ||||||
11 | restrictions on the use of grant moneys; (4) (iv) the manner in | ||||||
12 | which the various higher education institutions must account | ||||||
13 | for the use of grant moneys; and (5) (v) any other provision | ||||||
14 | that the Illinois Emergency Management Agency determines to be | ||||||
15 | necessary or useful for the administration of this subsection | ||||||
16 | (g). | ||||||
17 | (g-5) State not-for-profit security grants. The Illinois | ||||||
18 | Emergency Management Agency is authorized to make grants to | ||||||
19 | not-for-profit organizations which are exempt from federal | ||||||
20 | income taxation under section 501(c)(3) of the Federal | ||||||
21 | Internal Revenue Code for eligible security improvements that | ||||||
22 | assist the organization in preventing, preparing for, or | ||||||
23 | responding to threats, attacks, or acts of terrorism. To be | ||||||
24 | eligible for a grant under the program, the Agency must | ||||||
25 | determine that the organization is at a high risk of being | ||||||
26 | subject to threats, attacks, or acts of terrorism based on the |
| |||||||
| |||||||
1 | organization's profile, ideology, mission, or beliefs. | ||||||
2 | Eligible security improvements shall include all eligible | ||||||
3 | preparedness activities under the federal Nonprofit Security | ||||||
4 | Grant Program, including, but not limited to, physical | ||||||
5 | security upgrades, security training exercises, preparedness | ||||||
6 | training exercises, contracting with security personnel, and | ||||||
7 | any other security upgrades deemed eligible by the Director. | ||||||
8 | Eligible security improvements shall not duplicate, in part or | ||||||
9 | in whole, a project included under any awarded federal grant | ||||||
10 | or in a pending federal application. The Director shall | ||||||
11 | establish procedures and forms by which applicants may apply | ||||||
12 | for a grant and procedures for distributing grants to | ||||||
13 | recipients. Any security improvements awarded shall remain at | ||||||
14 | the physical property listed in the grant application, unless | ||||||
15 | authorized by Agency rule or approved by the Agency in | ||||||
16 | writing. The procedures shall require each applicant to do the | ||||||
17 | following: | ||||||
18 | (1) identify and substantiate prior or current | ||||||
19 | threats, attacks, or acts of terrorism against the | ||||||
20 | not-for-profit organization; | ||||||
21 | (2) indicate the symbolic or strategic value of one or | ||||||
22 | more sites that renders the site a possible target of a | ||||||
23 | threat, attack, or act of terrorism; | ||||||
24 | (3) discuss potential consequences to the organization | ||||||
25 | if the site is damaged, destroyed, or disrupted by a | ||||||
26 | threat, attack, or act of terrorism; |
| |||||||
| |||||||
1 | (4) describe how the grant will be used to integrate | ||||||
2 | organizational preparedness with broader State and local | ||||||
3 | preparedness efforts, as described by the Agency in each | ||||||
4 | Notice of Opportunity for Funding; | ||||||
5 | (5) submit (i) a vulnerability assessment conducted by | ||||||
6 | experienced security, law enforcement, or military | ||||||
7 | personnel, or conducted using an Agency-approved or | ||||||
8 | federal Nonprofit Security Grant Program self-assessment | ||||||
9 | tool, and (ii) a description of how the grant award will be | ||||||
10 | used to address the vulnerabilities identified in the | ||||||
11 | assessment; and | ||||||
12 | (6) submit any other relevant information as may be | ||||||
13 | required by the Director. | ||||||
14 | The Agency is authorized to use funds appropriated for the | ||||||
15 | grant program described in this subsection (g-5) to administer | ||||||
16 | the program. Any Agency Notice of Opportunity for Funding, | ||||||
17 | proposed or final rulemaking, guidance, training opportunity, | ||||||
18 | or other resource related to the grant program must be | ||||||
19 | published on the Agency's publicly available website, and any | ||||||
20 | announcements related to funding shall be shared with all | ||||||
21 | State legislative offices, the Governor's office, emergency | ||||||
22 | services and disaster agencies mandated or required pursuant | ||||||
23 | to subsections (b) through (d) of Section 10, and any other | ||||||
24 | State agencies as determined by the Agency. Subject to | ||||||
25 | appropriation, the grant application period shall be open for | ||||||
26 | no less than 45 calendar days during the first application |
| |||||||
| |||||||
1 | cycle each fiscal year, unless the Agency determines that a | ||||||
2 | shorter period is necessary to avoid conflicts with the annual | ||||||
3 | federal Nonprofit Security Grant Program funding cycle. | ||||||
4 | Additional application cycles may be conducted during the same | ||||||
5 | fiscal year, subject to availability of funds. Upon request, | ||||||
6 | Agency staff shall provide reasonable assistance to any | ||||||
7 | applicant in completing a grant application or meeting a | ||||||
8 | post-award requirement. | ||||||
9 | (g-10) Homeland Security Advisor. | ||||||
10 | (1) A Homeland Security Advisor shall be appointed by | ||||||
11 | the Governor, by and with the advice and consent of the | ||||||
12 | Senate, shall report to the Governor. The Homeland | ||||||
13 | Security Advisor shall: | ||||||
14 | (A) advise the Governor or the Governor's | ||||||
15 | designees on matters of homeland security and | ||||||
16 | coordinate Illinois' homeland security and | ||||||
17 | preparedness efforts across all levels of government, | ||||||
18 | in order to protect the people and critical | ||||||
19 | infrastructure of Illinois; | ||||||
20 | (B) coordinate a uniform and cooperative | ||||||
21 | statewide, strategic response to homeland security | ||||||
22 | threats as defined by, and in the sole discretion of, | ||||||
23 | the Governor; | ||||||
24 | (C) coordinate and provide policy recommendations | ||||||
25 | to the Governor and other State agencies on all | ||||||
26 | matters pertaining to homeland security; |
| |||||||
| |||||||
1 | (D) utilize the expertise and assistance of all | ||||||
2 | State agencies, commissions, and boards to carry out | ||||||
3 | their mission in support of the State's homeland | ||||||
4 | security efforts; each State agency, commission, or | ||||||
5 | board shall be required, to the extent not | ||||||
6 | inconsistent with law, to cooperate with the Homeland | ||||||
7 | Security Advisor; to facilitate a unified State | ||||||
8 | strategy on matters of homeland security, all State | ||||||
9 | agencies, boards, and commissions shall provide | ||||||
10 | briefings to the Homeland Security Advisor regularly | ||||||
11 | and upon request; | ||||||
12 | (E) serve as the State's primary liaison with all | ||||||
13 | federal agencies pertaining to homeland security | ||||||
14 | matters for the State; | ||||||
15 | (F) consistent with the United States Department | ||||||
16 | of Homeland Security standard operating procedures and | ||||||
17 | guidance, oversee and approve security clearance | ||||||
18 | requests for State personnel sent to the federal | ||||||
19 | government for final adjudication; coordinate with the | ||||||
20 | Illinois State Police on such clearance requests for | ||||||
21 | law enforcement personnel; this subparagraph (F) shall | ||||||
22 | not apply to clearances issued by the Department of | ||||||
23 | Defense; and | ||||||
24 | (G) perform other duties related to homeland | ||||||
25 | security as directed by the Governor or the Governor's | ||||||
26 | designees. |
| |||||||
| |||||||
1 | (2) A Deputy Homeland Security Advisor, reporting to | ||||||
2 | the Homeland Security Advisor, shall be recommended by the | ||||||
3 | Homeland Security Advisor and appointed by the Governor by | ||||||
4 | and with the advice and consent of the Senate. The Deputy | ||||||
5 | Homeland Security Advisor shall: | ||||||
6 | (A) assume responsibilities of the Homeland | ||||||
7 | Security Advisor as needed or directed by the Governor | ||||||
8 | or Homeland Security Advisor; | ||||||
9 | (B) serve as the Deputy Director of the Office of | ||||||
10 | Homeland Security within the Agency; | ||||||
11 | (C) develop and execute the State's unified | ||||||
12 | homeland security strategy; | ||||||
13 | (D) serve as a representative of the Homeland | ||||||
14 | Security Advisor and the Agency's Office of Homeland | ||||||
15 | Security with all State agencies, commissions, and | ||||||
16 | boards for matters pertaining to homeland security; | ||||||
17 | and | ||||||
18 | (E) serve as a representative of the Homeland | ||||||
19 | Security Advisor and State with all federal agencies | ||||||
20 | for matters pertaining to homeland security. | ||||||
21 | (3) The Homeland Security Advisor or Deputy Homeland | ||||||
22 | Security Advisor shall provide briefings to the Governor | ||||||
23 | and Lieutenant Governor as directed. | ||||||
24 | (4) The Agency shall coordinate with and provide | ||||||
25 | administrative support for the Homeland Security Advisor | ||||||
26 | and house the State's Office of Homeland Security. The |
| |||||||
| |||||||
1 | Director shall coordinate with the Homeland Security | ||||||
2 | Advisor to ensure the duties and actions of the Office of | ||||||
3 | Homeland Security are aligned with the State's homeland | ||||||
4 | security strategic goals and priorities. | ||||||
5 | (g-15) Homeland Security responsibilities of the Agency. | ||||||
6 | The Agency, through its Office of Homeland Security, shall: | ||||||
7 | (1) support the Homeland Security Advisor in the | ||||||
8 | administration and coordination of homeland security and | ||||||
9 | preparedness efforts across all levels of government to | ||||||
10 | protect the people and critical infrastructure of | ||||||
11 | Illinois; | ||||||
12 | (2) oversee, plan, and distribute State and federal | ||||||
13 | funding for homeland security on the basis of risk, | ||||||
14 | threat, and vulnerability to ensure the most effective use | ||||||
15 | of limited resources, and guarantee that funds are used | ||||||
16 | for appropriate and necessary purposes; | ||||||
17 | (3) review all proposed State legislation pertaining | ||||||
18 | to homeland security matters and report to the Homeland | ||||||
19 | Security Advisor about such proposed legislation; review | ||||||
20 | existing legislation and recommend modifications, | ||||||
21 | amendments, or initiatives to support or enhance the | ||||||
22 | State's homeland security and preparedness capabilities; | ||||||
23 | (4) ensure the implementation of the strategic | ||||||
24 | response and policy recommendations of the Governor and | ||||||
25 | Homeland Security Advisor pertaining to all matters of | ||||||
26 | homeland security; |
| |||||||
| |||||||
1 | (5) coordinate with all State agencies, commissions, | ||||||
2 | and boards, regarding matters of homeland security; | ||||||
3 | (6) coordinate with the Illinois State Police to | ||||||
4 | provide the United States Department of Homeland Security | ||||||
5 | with relevant reporting metrics and data pertaining to the | ||||||
6 | State; | ||||||
7 | (7) develop, at the direction of the Homeland Security | ||||||
8 | Advisor, and in cooperation with the Illinois State Police | ||||||
9 | and other appropriate State agencies, appropriate | ||||||
10 | protocols, staffing, training, and equipment guidelines | ||||||
11 | for the weapons of mass destruction teams that the | ||||||
12 | Governor, or the Governor's designee, may deploy in the | ||||||
13 | event or threat of a disaster; | ||||||
14 | (8) lead the State's homeland security public | ||||||
15 | education and risk communication messaging; and | ||||||
16 | (9) adopt rules necessary for the implementation of | ||||||
17 | homeland security programs. | ||||||
18 | (g-20) Nuclear and radiation safety responsibilities of | ||||||
19 | the Agency. The Agency shall be responsible for nuclear and | ||||||
20 | radiation safety and shall: | ||||||
21 | (1) exercise, administer, and enforce all rights, | ||||||
22 | powers, and duties for nuclear and radiation safety | ||||||
23 | authorized in the Nuclear Safety Law of 2004 or successor | ||||||
24 | statutes; | ||||||
25 | (2) develop a comprehensive emergency preparedness and | ||||||
26 | response plan for any nuclear accident in accordance with |
| |||||||
| |||||||
1 | Section 65 of the Nuclear Safety Law of 2004 and an | ||||||
2 | Illinois nuclear safety preparedness program in accordance | ||||||
3 | with Section 8 of the Illinois Nuclear Safety Preparedness | ||||||
4 | Act or successor statutes; and | ||||||
5 | (3) have the right to enter on public and private | ||||||
6 | property in order to take environmental samples for | ||||||
7 | response to a disaster that reasonably could have caused | ||||||
8 | radioactive contamination. | ||||||
9 | (h) Donations and sponsorships. Except as provided in | ||||||
10 | Section 17.5 of this Act, any moneys received by the Agency | ||||||
11 | from donations or sponsorships unrelated to a disaster shall | ||||||
12 | be deposited in the Emergency Planning and Training Fund and | ||||||
13 | used by the Agency, subject to appropriation, to effectuate | ||||||
14 | planning and training activities. Any moneys received by the | ||||||
15 | Agency from donations during a disaster and intended for | ||||||
16 | disaster response or recovery shall be deposited into the | ||||||
17 | Disaster Response and Recovery Fund and used for disaster | ||||||
18 | response and recovery pursuant to the Disaster Relief Act. | ||||||
19 | (i) Conference fees. The Illinois Emergency Management | ||||||
20 | Agency may , by rule , assess and collect reasonable fees for | ||||||
21 | attendance at Agency-sponsored conferences to enable the | ||||||
22 | Agency to carry out the requirements of this Act. Any moneys | ||||||
23 | received under this subsection shall be deposited in the | ||||||
24 | Emergency Planning and Training Fund and used by the Agency, | ||||||
25 | subject to appropriation, for planning and training | ||||||
26 | activities. |
| |||||||
| |||||||
1 | (j) Other grant-making powers. The Illinois Emergency | ||||||
2 | Management Agency is authorized to make grants to other State | ||||||
3 | agencies, public universities, units of local government, and | ||||||
4 | statewide mutual aid organizations to enhance statewide | ||||||
5 | emergency preparedness and response. | ||||||
6 | (k) Subject to appropriation from the Emergency Planning | ||||||
7 | and Training Fund, the Illinois Emergency Management Agency | ||||||
8 | and Office of Homeland Security shall obtain training services | ||||||
9 | and support for local emergency services and support for local | ||||||
10 | emergency services and disaster agencies for training, | ||||||
11 | exercises, and equipment related to carbon dioxide pipelines | ||||||
12 | and sequestration, and, subject to the availability of | ||||||
13 | funding, shall provide $5,000 per year to the Illinois Fire | ||||||
14 | Service Institute for first responder training required under | ||||||
15 | Section 4-615 of the Public Utilities Act. Amounts in the | ||||||
16 | Emergency Planning and Training Fund will be used by the | ||||||
17 | Illinois Emergency Management Agency and Office of Homeland | ||||||
18 | Security for administrative costs incurred in carrying out the | ||||||
19 | requirements of this subsection. To carry out the purposes of | ||||||
20 | this subsection, the Illinois Emergency Management Agency and | ||||||
21 | Office of Homeland Security may accept moneys from all | ||||||
22 | authorized sources into the Emergency Planning and Training | ||||||
23 | Fund, including, but not limited to, transfers from the Carbon | ||||||
24 | Dioxide Sequestration Administrative Fund and the Public | ||||||
25 | Utility Fund. | ||||||
26 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
| |||||||
| |||||||
1 | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. | ||||||
2 | 1-1-24; 103-651, eff. 7-18-24.) | ||||||
3 | (Text of Section after amendment by P.A. 103-588 and | ||||||
4 | 103-999 ) | ||||||
5 | Sec. 5. Illinois Emergency Management Agency and Office of | ||||||
6 | Homeland Security . | ||||||
7 | (a) Establishment of the Illinois Emergency Management | ||||||
8 | Agency and Office of Homeland Security. There is created | ||||||
9 | within the executive branch of the State Government an | ||||||
10 | Illinois Emergency Management Agency and Office of Homeland | ||||||
11 | Security and a Director of the Illinois Emergency Management | ||||||
12 | Agency and Office of Homeland Security , herein called the | ||||||
13 | "Director" who shall be the head of the Agency thereof . The | ||||||
14 | Director shall be appointed by the Governor, with the advice | ||||||
15 | and consent of the Senate, and shall serve for a term of 2 | ||||||
16 | years beginning on the third Monday in January of the | ||||||
17 | odd-numbered year, and until a successor is appointed and has | ||||||
18 | qualified ; except that the term of the first Director | ||||||
19 | appointed under this Act shall expire on the third Monday in | ||||||
20 | January, 1989. The Director shall not hold any other | ||||||
21 | remunerative public office. For terms beginning after January | ||||||
22 | 18, 2019 (the effective date of Public Act 100-1179) and | ||||||
23 | before January 16, 2023, the annual salary of the Director | ||||||
24 | shall be as provided in Section 5-300 of the Civil | ||||||
25 | Administrative Code of Illinois. Notwithstanding any other |
| |||||||
| |||||||
1 | provision of law, for terms beginning on or after January 16, | ||||||
2 | 2023, the Director shall receive an annual salary of $180,000 | ||||||
3 | or as set by the Governor, whichever is higher. On July 1, | ||||||
4 | 2023, and on each July 1 thereafter, the Director shall | ||||||
5 | receive an increase in salary based on a cost of living | ||||||
6 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
7 | 86th General Assembly. | ||||||
8 | For terms beginning on or after January 16, 2023, the | ||||||
9 | Assistant Director of the Illinois Emergency Management Agency | ||||||
10 | shall receive an annual salary of $156,600 or as set by the | ||||||
11 | Governor, whichever is higher. On July 1, 2023, and on each | ||||||
12 | July 1 thereafter, the Assistant Director shall receive an | ||||||
13 | increase in salary based on a cost of living adjustment as | ||||||
14 | authorized by Senate Joint Resolution 192 of the 86th General | ||||||
15 | Assembly. | ||||||
16 | (b) Agency personnel. The Illinois Emergency Management | ||||||
17 | Agency shall obtain, under the provisions of the Personnel | ||||||
18 | Code, technical, clerical, stenographic , and other | ||||||
19 | administrative personnel, and may make expenditures within the | ||||||
20 | appropriation therefor as may be necessary to carry out the | ||||||
21 | purpose of this Act. The agency created by this Act is intended | ||||||
22 | to be a successor to the agency created under the Illinois | ||||||
23 | Emergency Services and Disaster Agency Act of 1975 and the | ||||||
24 | personnel, equipment, records, and appropriations of that | ||||||
25 | agency are transferred to the successor agency as of June 30, | ||||||
26 | 1988 (the effective date of this Act). |
| |||||||
| |||||||
1 | (c) Responsibilities of the Director. The Director, | ||||||
2 | subject to the direction and control of the Governor, shall be | ||||||
3 | the executive head of the Illinois Emergency Management Agency | ||||||
4 | and the State Emergency Response Commission and shall be | ||||||
5 | responsible under the direction of the Governor, for carrying | ||||||
6 | out the programs program for emergency management , nuclear and | ||||||
7 | radiation safety, and homeland security of this State. The | ||||||
8 | Director shall also maintain liaison and cooperate with the | ||||||
9 | emergency management , nuclear and radiation safety, and | ||||||
10 | homeland security organizations of this State and other states | ||||||
11 | and of the federal government. | ||||||
12 | (d) Local emergency operations planning. The Illinois | ||||||
13 | Emergency Management Agency shall take an integral part in the | ||||||
14 | development and revision of political subdivision emergency | ||||||
15 | operations plans prepared under paragraph (f) of Section 10. | ||||||
16 | To this end it shall employ or otherwise secure the services of | ||||||
17 | professional and technical personnel capable of providing | ||||||
18 | expert assistance to the emergency services and disaster | ||||||
19 | agencies. These personnel shall consult with emergency | ||||||
20 | services and disaster agencies on a regular basis and shall | ||||||
21 | make field examinations of the areas, circumstances, and | ||||||
22 | conditions that particular political subdivision emergency | ||||||
23 | operations plans are intended to apply. | ||||||
24 | (e) Local Emergency Planning Committee. The Illinois | ||||||
25 | Emergency Management Agency and political subdivisions shall | ||||||
26 | be encouraged to form an emergency management advisory |
| |||||||
| |||||||
1 | committee composed of private and public personnel | ||||||
2 | representing the emergency management phases of mitigation, | ||||||
3 | preparedness, response, and recovery. The Local Emergency | ||||||
4 | Planning Committee, as created under the Illinois Emergency | ||||||
5 | Planning and Community Right to Know Act, shall serve as an | ||||||
6 | advisory committee to the emergency services and disaster | ||||||
7 | agency or agencies serving within the boundaries of that Local | ||||||
8 | Emergency Planning Committee planning district for: | ||||||
9 | (1) the development of emergency operations plan | ||||||
10 | provisions for hazardous chemical emergencies; and | ||||||
11 | (2) the assessment of emergency response capabilities | ||||||
12 | related to hazardous chemical emergencies. | ||||||
13 | (f) Emergency management responsibilities of the Agency. | ||||||
14 | The Illinois Emergency Management Agency shall: | ||||||
15 | (1) Coordinate the overall emergency management | ||||||
16 | program of the State. | ||||||
17 | (2) Cooperate with local governments, the federal | ||||||
18 | government, and any public or private agency or entity in | ||||||
19 | achieving any purpose of this Act and in implementing | ||||||
20 | emergency management programs for mitigation, | ||||||
21 | preparedness, response, and recovery. | ||||||
22 | (2.5) (Blank). Develop a comprehensive emergency | ||||||
23 | preparedness and response plan for any nuclear accident in | ||||||
24 | accordance with Section 65 of the Nuclear Safety Law of | ||||||
25 | 2004 and in development of the Illinois Nuclear Safety | ||||||
26 | Preparedness program in accordance with Section 8 of the |
| |||||||
| |||||||
1 | Illinois Nuclear Safety Preparedness Act. | ||||||
2 | (2.6) Coordinate with the Department of Public Health | ||||||
3 | with respect to planning for and responding to public | ||||||
4 | health emergencies. | ||||||
5 | (3) Prepare, for issuance by the Governor, executive | ||||||
6 | orders, proclamations, and regulations as necessary or | ||||||
7 | appropriate in coping with disasters. | ||||||
8 | (4) Promulgate rules and requirements for political | ||||||
9 | subdivision emergency operations plans that are not | ||||||
10 | inconsistent with and are at least as stringent as | ||||||
11 | applicable federal laws and regulations. | ||||||
12 | (5) Review and approve, in accordance with Illinois | ||||||
13 | Emergency Management Agency rules, emergency operations | ||||||
14 | plans for those political subdivisions required to have an | ||||||
15 | emergency services and disaster agency pursuant to this | ||||||
16 | Act. | ||||||
17 | (5.5) Promulgate rules and requirements for the | ||||||
18 | political subdivision emergency management exercises, | ||||||
19 | including, but not limited to, exercises of the emergency | ||||||
20 | operations plans. | ||||||
21 | (5.10) Review, evaluate, and approve, in accordance | ||||||
22 | with Illinois Emergency Management Agency rules, political | ||||||
23 | subdivision emergency management exercises for those | ||||||
24 | political subdivisions required to have an emergency | ||||||
25 | services and disaster agency pursuant to this Act. | ||||||
26 | (6) Determine requirements of the State and its |
| |||||||
| |||||||
1 | political subdivisions for food, clothing, and other | ||||||
2 | necessities in event of a disaster. | ||||||
3 | (7) Establish a register of persons with types of | ||||||
4 | emergency management training and skills in mitigation, | ||||||
5 | preparedness, response, and recovery. | ||||||
6 | (8) Establish a register of government and private | ||||||
7 | response resources available for use in a disaster. | ||||||
8 | (9) Expand the Earthquake Awareness Program and its | ||||||
9 | efforts to distribute earthquake preparedness materials to | ||||||
10 | schools, political subdivisions, community groups, civic | ||||||
11 | organizations, and the media. Emphasis will be placed on | ||||||
12 | those areas of the State most at risk from an earthquake. | ||||||
13 | Maintain the list of all school districts, hospitals, | ||||||
14 | airports, power plants, including nuclear power plants, | ||||||
15 | lakes, dams, emergency response facilities of all types, | ||||||
16 | and all other major public or private structures which are | ||||||
17 | at the greatest risk of damage from earthquakes under | ||||||
18 | circumstances where the damage would cause subsequent harm | ||||||
19 | to the surrounding communities and residents. | ||||||
20 | (10) Disseminate all information, completely and | ||||||
21 | without delay, on water levels for rivers and streams and | ||||||
22 | any other data pertaining to potential flooding supplied | ||||||
23 | by the Division of Water Resources within the Department | ||||||
24 | of Natural Resources to all political subdivisions to the | ||||||
25 | maximum extent possible. | ||||||
26 | (11) Develop agreements, if feasible, with medical |
| |||||||
| |||||||
1 | supply and equipment firms to supply resources as are | ||||||
2 | necessary to respond to an earthquake or any other | ||||||
3 | disaster as defined in this Act. These resources will be | ||||||
4 | made available upon notifying the vendor of the disaster. | ||||||
5 | Payment for the resources will be in accordance with | ||||||
6 | Section 7 of this Act. The Illinois Department of Public | ||||||
7 | Health shall determine which resources will be required | ||||||
8 | and requested. | ||||||
9 | (11.5) In coordination with the Illinois State Police, | ||||||
10 | develop and implement a community outreach program to | ||||||
11 | promote awareness among the State's parents and children | ||||||
12 | of child abduction prevention and response. | ||||||
13 | (12) Out of funds appropriated for these purposes, | ||||||
14 | award capital and non-capital grants to Illinois hospitals | ||||||
15 | or health care facilities located outside of a city with a | ||||||
16 | population in excess of 1,000,000 to be used for purposes | ||||||
17 | that include, but are not limited to, preparing to respond | ||||||
18 | to mass casualties and disasters, maintaining and | ||||||
19 | improving patient safety and quality of care, and | ||||||
20 | protecting the confidentiality of patient information. No | ||||||
21 | single grant for a capital expenditure shall exceed | ||||||
22 | $300,000. No single grant for a non-capital expenditure | ||||||
23 | shall exceed $100,000. In awarding such grants, preference | ||||||
24 | shall be given to hospitals that serve a significant | ||||||
25 | number of Medicaid recipients, but do not qualify for | ||||||
26 | disproportionate share hospital adjustment payments under |
| |||||||
| |||||||
1 | the Illinois Public Aid Code. To receive such a grant, a | ||||||
2 | hospital or health care facility must provide funding of | ||||||
3 | at least 50% of the cost of the project for which the grant | ||||||
4 | is being requested. In awarding such grants , the Illinois | ||||||
5 | Emergency Management Agency shall consider the | ||||||
6 | recommendations of the Illinois Hospital Association. | ||||||
7 | (13) (Blank). Do all other things necessary, | ||||||
8 | incidental or appropriate for the implementation of this | ||||||
9 | Act. | ||||||
10 | (g) School and campus grants. The Illinois Emergency | ||||||
11 | Management Agency is authorized to make grants to various | ||||||
12 | higher education institutions, public K-12 school districts, | ||||||
13 | area vocational centers as designated by the State Board of | ||||||
14 | Education, inter-district special education cooperatives, | ||||||
15 | regional safe schools, and nonpublic K-12 schools for safety | ||||||
16 | and security improvements. For the purpose of this subsection | ||||||
17 | (g), "higher education institution" means a public university, | ||||||
18 | a public community college, or an independent, not-for-profit | ||||||
19 | or for-profit higher education institution located in this | ||||||
20 | State. Grants made under this subsection (g) shall be paid out | ||||||
21 | of moneys appropriated for that purpose from the Build | ||||||
22 | Illinois Bond Fund. The Illinois Emergency Management Agency | ||||||
23 | shall adopt rules to implement this subsection (g). These | ||||||
24 | rules may specify: (1) (i) the manner of applying for grants; | ||||||
25 | (2) (ii) project eligibility requirements; (3) (iii) | ||||||
26 | restrictions on the use of grant moneys; (4) (iv) the manner in |
| |||||||
| |||||||
1 | which the various higher education institutions must account | ||||||
2 | for the use of grant moneys; and (5) (v) any other provision | ||||||
3 | that the Illinois Emergency Management Agency determines to be | ||||||
4 | necessary or useful for the administration of this subsection | ||||||
5 | (g). | ||||||
6 | (g-5) State not-for-profit security grants. The Illinois | ||||||
7 | Emergency Management Agency is authorized to make grants to | ||||||
8 | not-for-profit organizations which are exempt from federal | ||||||
9 | income taxation under section 501(c)(3) of the Federal | ||||||
10 | Internal Revenue Code for eligible security improvements that | ||||||
11 | assist the organization in preventing, preparing for, or | ||||||
12 | responding to threats, attacks, or acts of terrorism. To be | ||||||
13 | eligible for a grant under the program, the Agency must | ||||||
14 | determine that the organization is at a high risk of being | ||||||
15 | subject to threats, attacks, or acts of terrorism based on the | ||||||
16 | organization's profile, ideology, mission, or beliefs. | ||||||
17 | Eligible security improvements shall include all eligible | ||||||
18 | preparedness activities under the federal Nonprofit Security | ||||||
19 | Grant Program, including, but not limited to, physical | ||||||
20 | security upgrades, security training exercises, preparedness | ||||||
21 | training exercises, contracting with security personnel, and | ||||||
22 | any other security upgrades deemed eligible by the Director. | ||||||
23 | Eligible security improvements shall not duplicate, in part or | ||||||
24 | in whole, a project included under any awarded federal grant | ||||||
25 | or in a pending federal application. The Director shall | ||||||
26 | establish procedures and forms by which applicants may apply |
| |||||||
| |||||||
1 | for a grant and procedures for distributing grants to | ||||||
2 | recipients. Any security improvements awarded shall remain at | ||||||
3 | the physical property listed in the grant application, unless | ||||||
4 | authorized by Agency rule or approved by the Agency in | ||||||
5 | writing. The procedures shall require each applicant to do the | ||||||
6 | following: | ||||||
7 | (1) identify and substantiate prior or current | ||||||
8 | threats, attacks, or acts of terrorism against the | ||||||
9 | not-for-profit organization; | ||||||
10 | (2) indicate the symbolic or strategic value of one or | ||||||
11 | more sites that renders the site a possible target of a | ||||||
12 | threat, attack, or act of terrorism; | ||||||
13 | (3) discuss potential consequences to the organization | ||||||
14 | if the site is damaged, destroyed, or disrupted by a | ||||||
15 | threat, attack, or act of terrorism; | ||||||
16 | (4) describe how the grant will be used to integrate | ||||||
17 | organizational preparedness with broader State and local | ||||||
18 | preparedness efforts, as described by the Agency in each | ||||||
19 | Notice of Opportunity for Funding; | ||||||
20 | (5) submit (i) a vulnerability assessment conducted by | ||||||
21 | experienced security, law enforcement, or military | ||||||
22 | personnel, or conducted using an Agency-approved or | ||||||
23 | federal Nonprofit Security Grant Program self-assessment | ||||||
24 | tool, and (ii) a description of how the grant award will be | ||||||
25 | used to address the vulnerabilities identified in the | ||||||
26 | assessment; and |
| |||||||
| |||||||
1 | (6) submit any other relevant information as may be | ||||||
2 | required by the Director. | ||||||
3 | The Agency is authorized to use funds appropriated for the | ||||||
4 | grant program described in this subsection (g-5) to administer | ||||||
5 | the program. Any Agency Notice of Opportunity for Funding, | ||||||
6 | proposed or final rulemaking, guidance, training opportunity, | ||||||
7 | or other resource related to the grant program must be | ||||||
8 | published on the Agency's publicly available website, and any | ||||||
9 | announcements related to funding shall be shared with all | ||||||
10 | State legislative offices, the Governor's office, emergency | ||||||
11 | services and disaster agencies mandated or required pursuant | ||||||
12 | to subsections (b) through (d) of Section 10, and any other | ||||||
13 | State agencies as determined by the Agency. Subject to | ||||||
14 | appropriation, the grant application period shall be open for | ||||||
15 | no less than 45 calendar days during the first application | ||||||
16 | cycle each fiscal year, unless the Agency determines that a | ||||||
17 | shorter period is necessary to avoid conflicts with the annual | ||||||
18 | federal Nonprofit Security Grant Program funding cycle. | ||||||
19 | Additional application cycles may be conducted during the same | ||||||
20 | fiscal year, subject to availability of funds. Upon request, | ||||||
21 | Agency staff shall provide reasonable assistance to any | ||||||
22 | applicant in completing a grant application or meeting a | ||||||
23 | post-award requirement. | ||||||
24 | In addition to any advance payment rules or procedures | ||||||
25 | adopted by the Agency, the Agency shall adopt rules or | ||||||
26 | procedures by which grantees under this subsection (g-5) may |
| |||||||
| |||||||
1 | receive a working capital advance of initial start-up costs | ||||||
2 | and up to 2 months of program expenses, not to exceed 25% of | ||||||
3 | the total award amount, if, during the application process, | ||||||
4 | the grantee demonstrates a need for funds to commence a | ||||||
5 | project. The remaining funds must be paid through | ||||||
6 | reimbursement after the grantee presents sufficient supporting | ||||||
7 | documentation of expenditures for eligible activities. | ||||||
8 | (g-10) Homeland Security Advisor. | ||||||
9 | (1) A Homeland Security Advisor shall be appointed by | ||||||
10 | the Governor, by and with the advice and consent of the | ||||||
11 | Senate, shall report to the Governor. The Homeland | ||||||
12 | Security Advisor shall: | ||||||
13 | (A) advise the Governor or the Governor's | ||||||
14 | designees on matters of homeland security and | ||||||
15 | coordinate Illinois' homeland security and | ||||||
16 | preparedness efforts across all levels of government, | ||||||
17 | in order to protect the people and critical | ||||||
18 | infrastructure of Illinois; | ||||||
19 | (B) coordinate a uniform and cooperative | ||||||
20 | statewide, strategic response to homeland security | ||||||
21 | threats as defined by, and in the sole discretion of, | ||||||
22 | the Governor; | ||||||
23 | (C) coordinate and provide policy recommendations | ||||||
24 | to the Governor and other State agencies on all | ||||||
25 | matters pertaining to homeland security; | ||||||
26 | (D) utilize the expertise and assistance of all |
| |||||||
| |||||||
1 | State agencies, commissions, and boards to carry out | ||||||
2 | their mission in support of the State's homeland | ||||||
3 | security efforts; each State agency, commission, or | ||||||
4 | board shall be required, to the extent not | ||||||
5 | inconsistent with law, to cooperate with the Homeland | ||||||
6 | Security Advisor; to facilitate a unified State | ||||||
7 | strategy on matters of homeland security, all State | ||||||
8 | agencies, boards, and commissions shall provide | ||||||
9 | briefings to the Homeland Security Advisor regularly | ||||||
10 | and upon request; | ||||||
11 | (E) serve as the State's primary liaison with all | ||||||
12 | federal agencies pertaining to homeland security | ||||||
13 | matters for the State; | ||||||
14 | (F) consistent with the United States Department | ||||||
15 | of Homeland Security standard operating procedures and | ||||||
16 | guidance, oversee and approve security clearance | ||||||
17 | requests for State personnel sent to the federal | ||||||
18 | government for final adjudication; coordinate with the | ||||||
19 | Illinois State Police on such clearance requests for | ||||||
20 | law enforcement personnel; this subparagraph (F) shall | ||||||
21 | not apply to clearances issued by the Department of | ||||||
22 | Defense; and | ||||||
23 | (G) perform other duties related to homeland | ||||||
24 | security as directed by the Governor or the Governor's | ||||||
25 | designees. | ||||||
26 | (2) A Deputy Homeland Security Advisor, reporting to |
| |||||||
| |||||||
1 | the Homeland Security Advisor, shall be recommended by the | ||||||
2 | Homeland Security Advisor and appointed by the Governor by | ||||||
3 | and with the advice and consent of the Senate. The Deputy | ||||||
4 | Homeland Security Advisor shall: | ||||||
5 | (A) assume responsibilities of the Homeland | ||||||
6 | Security Advisor as needed or directed by the Governor | ||||||
7 | or Homeland Security Advisor; | ||||||
8 | (B) serve as the Deputy Director of the Office of | ||||||
9 | Homeland Security within the Agency; | ||||||
10 | (C) develop and execute the State's unified | ||||||
11 | homeland security strategy; | ||||||
12 | (D) serve as a representative of the Homeland | ||||||
13 | Security Advisor and the Agency's Office of Homeland | ||||||
14 | Security with all State agencies, commissions, and | ||||||
15 | boards for matters pertaining to homeland security; | ||||||
16 | and | ||||||
17 | (E) serve as a representative of the Homeland | ||||||
18 | Security Advisor and State with all federal agencies | ||||||
19 | for matters pertaining to homeland security. | ||||||
20 | (3) The Homeland Security Advisor or Deputy Homeland | ||||||
21 | Security Advisor shall provide briefings to the Governor | ||||||
22 | and Lieutenant Governor as directed. | ||||||
23 | (4) The Agency shall coordinate with and provide | ||||||
24 | administrative support for the Homeland Security Advisor | ||||||
25 | and house the State's Office of Homeland Security. The | ||||||
26 | Director shall coordinate with the Homeland Security |
| |||||||
| |||||||
1 | Advisor to ensure the duties and actions of the Office of | ||||||
2 | Homeland Security are aligned with the State's homeland | ||||||
3 | security strategic goals and priorities. | ||||||
4 | (g-15) Homeland Security responsibilities of the Agency. | ||||||
5 | The Agency, through its Office of Homeland Security, shall: | ||||||
6 | (1) support the Homeland Security Advisor in the | ||||||
7 | administration and coordination of homeland security and | ||||||
8 | preparedness efforts across all levels of government to | ||||||
9 | protect the people and critical infrastructure of | ||||||
10 | Illinois; | ||||||
11 | (2) oversee, plan, and distribute State and federal | ||||||
12 | funding for homeland security on the basis of risk, | ||||||
13 | threat, and vulnerability to ensure the most effective use | ||||||
14 | of limited resources, and guarantee that funds are used | ||||||
15 | for appropriate and necessary purposes; | ||||||
16 | (3) review all proposed State legislation pertaining | ||||||
17 | to homeland security matters and report to the Homeland | ||||||
18 | Security Advisor about such proposed legislation; review | ||||||
19 | existing legislation and recommend modifications, | ||||||
20 | amendments, or initiatives to support or enhance the | ||||||
21 | State's homeland security and preparedness capabilities; | ||||||
22 | (4) ensure the implementation of the strategic | ||||||
23 | response and policy recommendations of the Governor and | ||||||
24 | Homeland Security Advisor pertaining to all matters of | ||||||
25 | homeland security; | ||||||
26 | (5) coordinate with all State agencies, commissions, |
| |||||||
| |||||||
1 | and boards, regarding matters of homeland security; | ||||||
2 | (6) coordinate with the Illinois State Police to | ||||||
3 | provide the United States Department of Homeland Security | ||||||
4 | with relevant reporting metrics and data pertaining to the | ||||||
5 | State; | ||||||
6 | (7) develop, at the direction of the Homeland Security | ||||||
7 | Advisor, and in cooperation with the Illinois State Police | ||||||
8 | and other appropriate State agencies, appropriate | ||||||
9 | protocols, staffing, training, and equipment guidelines | ||||||
10 | for the weapons of mass destruction teams that the | ||||||
11 | Governor, or the Governor's designee, may deploy in the | ||||||
12 | event or threat of a disaster; | ||||||
13 | (8) lead the State's homeland security public | ||||||
14 | education and risk communication messaging; and | ||||||
15 | (9) adopt rules necessary for the implementation of | ||||||
16 | homeland security programs. | ||||||
17 | (g-20) Nuclear and radiation safety responsibilities of | ||||||
18 | the Agency. The Agency shall be responsible for nuclear and | ||||||
19 | radiation safety and shall: | ||||||
20 | (1) exercise, administer, and enforce all rights, | ||||||
21 | powers, and duties for nuclear and radiation safety | ||||||
22 | authorized in the Nuclear Safety Law of 2004 or successor | ||||||
23 | statutes; | ||||||
24 | (2) develop a comprehensive emergency preparedness and | ||||||
25 | response plan for any nuclear accident in accordance with | ||||||
26 | Section 65 of the Nuclear Safety Law of 2004 and an |
| |||||||
| |||||||
1 | Illinois nuclear safety preparedness program in accordance | ||||||
2 | with Section 8 of the Illinois Nuclear Safety Preparedness | ||||||
3 | Act or successor statutes; and | ||||||
4 | (3) have the right to enter on public and private | ||||||
5 | property in order to take environmental samples for | ||||||
6 | response to a disaster that reasonably could have caused | ||||||
7 | radioactive contamination. | ||||||
8 | (h) Donations and sponsorships. Except as provided in | ||||||
9 | Section 17.5 of this Act, any moneys received by the Agency | ||||||
10 | from donations or sponsorships unrelated to a disaster shall | ||||||
11 | be deposited in the Emergency Planning and Training Fund and | ||||||
12 | used by the Agency, subject to appropriation, to effectuate | ||||||
13 | planning and training activities. Any moneys received by the | ||||||
14 | Agency from donations during a disaster and intended for | ||||||
15 | disaster response or recovery shall be deposited into the | ||||||
16 | Disaster Response and Recovery Fund and used for disaster | ||||||
17 | response and recovery pursuant to the Disaster Relief Act. | ||||||
18 | (i) Conference fees. The Illinois Emergency Management | ||||||
19 | Agency may , by rule , assess and collect reasonable fees for | ||||||
20 | attendance at Agency-sponsored conferences to enable the | ||||||
21 | Agency to carry out the requirements of this Act. Any moneys | ||||||
22 | received under this subsection shall be deposited in the | ||||||
23 | Emergency Planning and Training Fund and used by the Agency, | ||||||
24 | subject to appropriation, for planning and training | ||||||
25 | activities. | ||||||
26 | (j) Other grant-making powers. The Illinois Emergency |
| |||||||
| |||||||
1 | Management Agency is authorized to make grants to other State | ||||||
2 | agencies, public universities, units of local government, and | ||||||
3 | statewide mutual aid organizations to enhance statewide | ||||||
4 | emergency preparedness and response. | ||||||
5 | (k) Subject to appropriation from the Emergency Planning | ||||||
6 | and Training Fund, the Illinois Emergency Management Agency | ||||||
7 | and Office of Homeland Security shall obtain training services | ||||||
8 | and support for local emergency services and support for local | ||||||
9 | emergency services and disaster agencies for training, | ||||||
10 | exercises, and equipment related to carbon dioxide pipelines | ||||||
11 | and sequestration, and, subject to the availability of | ||||||
12 | funding, shall provide $5,000 per year to the Illinois Fire | ||||||
13 | Service Institute for first responder training required under | ||||||
14 | Section 4-615 of the Public Utilities Act. Amounts in the | ||||||
15 | Emergency Planning and Training Fund will be used by the | ||||||
16 | Illinois Emergency Management Agency and Office of Homeland | ||||||
17 | Security for administrative costs incurred in carrying out the | ||||||
18 | requirements of this subsection. To carry out the purposes of | ||||||
19 | this subsection, the Illinois Emergency Management Agency and | ||||||
20 | Office of Homeland Security may accept moneys from all | ||||||
21 | authorized sources into the Emergency Planning and Training | ||||||
22 | Fund, including, but not limited to, transfers from the Carbon | ||||||
23 | Dioxide Sequestration Administrative Fund and the Public | ||||||
24 | Utility Fund. | ||||||
25 | (l) (k) The Agency shall do all other things necessary, | ||||||
26 | incidental, or appropriate for the implementation of this Act, |
| |||||||
| |||||||
1 | including the adoption of rules in accordance with the | ||||||
2 | Illinois Administrative Procedure Act. | ||||||
3 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
4 | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. | ||||||
5 | 1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999, | ||||||
6 | eff. 1-1-25; revised 10-9-24.) | ||||||
7 | (20 ILCS 3305/6) (from Ch. 127, par. 1056) | ||||||
8 | Sec. 6. Emergency management powers Management Powers of | ||||||
9 | the Governor. | ||||||
10 | (a) The Governor shall have general direction and control | ||||||
11 | of the Illinois Emergency Management Agency and shall be | ||||||
12 | responsible for the carrying out of the provisions of this | ||||||
13 | Act. | ||||||
14 | (b) In performing duties under this Act, the Governor is | ||||||
15 | authorized to cooperate with the federal government and with | ||||||
16 | other states in all matters pertaining to emergency | ||||||
17 | management , nuclear and radiation safety, and homeland | ||||||
18 | security . | ||||||
19 | (c) In performing duties under this Act, the Governor is | ||||||
20 | further authorized: | ||||||
21 | (1) To make, amend, and rescind all lawful necessary | ||||||
22 | orders, rules, and regulations to carry out the provisions | ||||||
23 | of this Act within the limits of the authority conferred | ||||||
24 | upon the Governor. | ||||||
25 | (2) To cause to be prepared a comprehensive plans plan |
| |||||||
| |||||||
1 | and programs program for the emergency management , nuclear | ||||||
2 | and radiation safety, and homeland security of this State, | ||||||
3 | which plans and programs plan and program shall be | ||||||
4 | integrated into and coordinated with emergency management , | ||||||
5 | nuclear and radiation safety, and homeland security plans | ||||||
6 | and programs of the federal government and of other states | ||||||
7 | whenever possible and which plans and programs plan and | ||||||
8 | program may include: | ||||||
9 | a. Mitigation of injury and damage caused by | ||||||
10 | disaster. | ||||||
11 | b. Prompt and effective response to disaster. | ||||||
12 | c. Emergency relief. | ||||||
13 | d. Identification of areas particularly vulnerable | ||||||
14 | to disasters. | ||||||
15 | e. Recommendations for zoning, building, and other | ||||||
16 | land-use controls, safety measures for securing | ||||||
17 | permanent structures , and other mitigation measures | ||||||
18 | designed to eliminate or reduce disasters or their | ||||||
19 | impact. | ||||||
20 | f. Assistance to political subdivisions in | ||||||
21 | designing emergency operations plans. | ||||||
22 | g. Authorization and procedures for the erection | ||||||
23 | or other construction of temporary works designed to | ||||||
24 | mitigate danger, damage , or loss from flood , or other | ||||||
25 | disaster. | ||||||
26 | h. Preparation and distribution to the appropriate |
| |||||||
| |||||||
1 | State and political subdivision officials of a State | ||||||
2 | catalog of federal, State, and private assistance | ||||||
3 | programs. | ||||||
4 | i. Organization of State personnel and chains of | ||||||
5 | command. | ||||||
6 | j. Coordination of federal, State, and political | ||||||
7 | subdivision emergency management , nuclear and | ||||||
8 | radiation safety, and homeland security activities. | ||||||
9 | k. Other necessary matters. | ||||||
10 | (3) In accordance with the plans plan and programs | ||||||
11 | program for the emergency management , nuclear and | ||||||
12 | radiation safety, and homeland security of this State, and | ||||||
13 | out of funds appropriated for these purposes, to procure | ||||||
14 | and preposition supplies, medicines, materials , and | ||||||
15 | equipment, to institute training programs and public | ||||||
16 | information programs, and to take all other preparatory | ||||||
17 | steps including the partial or full mobilization of | ||||||
18 | emergency services and disaster agencies in advance of | ||||||
19 | actual disaster to insure the furnishing of adequately | ||||||
20 | trained and equipped forces for disaster response and | ||||||
21 | recovery. | ||||||
22 | (4) Out of funds appropriated for these purposes, to | ||||||
23 | make studies and surveys of the industries, resources, and | ||||||
24 | facilities in this State as may be necessary to ascertain | ||||||
25 | the capabilities of the State for emergency management | ||||||
26 | phases of mitigation, preparedness, response, and recovery |
| |||||||
| |||||||
1 | and to plan for the most efficient emergency use thereof. | ||||||
2 | (5) On behalf of this State, to negotiate for and | ||||||
3 | submit to the General Assembly for its approval or | ||||||
4 | rejection reciprocal mutual aid agreements or compacts | ||||||
5 | with other states, either on a statewide or political | ||||||
6 | subdivision basis. The agreements or compacts , shall be | ||||||
7 | limited to the furnishing or exchange of food, clothing, | ||||||
8 | medical , or other supplies ; , engineering and police | ||||||
9 | services; emergency housing and feeding; National and | ||||||
10 | State Guards while under the control of the State; health, | ||||||
11 | medical, and related services; and fire fighting, rescue, | ||||||
12 | transportation, communication, and construction services | ||||||
13 | and equipment, provided, however, that if the General | ||||||
14 | Assembly be not in session and the Governor has not | ||||||
15 | proclaimed the existence of a disaster under this Section, | ||||||
16 | then the agreements or compacts shall instead be submitted | ||||||
17 | to an Interim Committee on Emergency Management composed | ||||||
18 | of 5 Senators appointed by the President of the Senate and | ||||||
19 | of 5 Representatives appointed by the Speaker of the | ||||||
20 | House, during the month of June of each odd-numbered year | ||||||
21 | to serve for a 2-year 2 year term, beginning July 1 of that | ||||||
22 | year, and until their successors are appointed and | ||||||
23 | qualified, or until termination of their legislative | ||||||
24 | service, whichever first occurs. Vacancies shall be filled | ||||||
25 | by appointment for the unexpired term in the same manner | ||||||
26 | as original appointments. All appointments shall be made |
| |||||||
| |||||||
1 | in writing and filed with the Secretary of State as a | ||||||
2 | public record. The Committee shall have the power to | ||||||
3 | approve or reject any agreements or compacts for and on | ||||||
4 | behalf of the General Assembly; and, provided further, | ||||||
5 | that an affirmative vote of 2/3 of the members of the | ||||||
6 | Committee shall be necessary for the approval of any | ||||||
7 | agreement or compact. | ||||||
8 | (Source: P.A. 92-73, eff. 1-1-02.) | ||||||
9 | (20 ILCS 3305/7) (from Ch. 127, par. 1057) | ||||||
10 | Sec. 7. Emergency powers Powers of the Governor. In the | ||||||
11 | event of a disaster, as defined in Section 4, the Governor may, | ||||||
12 | by proclamation , declare that a disaster exists. Upon such | ||||||
13 | proclamation, the Governor shall have and may exercise for a | ||||||
14 | period not to exceed 30 days the following emergency powers; | ||||||
15 | provided, however, that the lapse of the emergency powers | ||||||
16 | shall not, as regards any act or acts occurring or committed | ||||||
17 | within the 30-day period, deprive any person, firm, | ||||||
18 | corporation, political subdivision, or body politic of any | ||||||
19 | right or rights to compensation or reimbursement which he, | ||||||
20 | she, it, or they may have under the provisions of this Act: | ||||||
21 | (1) To suspend the provisions of any regulatory | ||||||
22 | statute prescribing procedures for conduct of State | ||||||
23 | business, or the orders, rules , and regulations of any | ||||||
24 | State agency, if strict compliance with the provisions of | ||||||
25 | any statute, order, rule, or regulation would in any way |
| |||||||
| |||||||
1 | prevent, hinder , or delay necessary action, including | ||||||
2 | emergency purchases, by the Illinois Emergency Management | ||||||
3 | Agency, in coping with the disaster. | ||||||
4 | (2) To utilize all available resources of the State | ||||||
5 | government as reasonably necessary to cope with the | ||||||
6 | disaster and of each political subdivision of the State. | ||||||
7 | (3) To transfer the direction, personnel , or functions | ||||||
8 | of State departments and agencies or units thereof for the | ||||||
9 | purpose of performing or facilitating disaster response | ||||||
10 | and recovery programs. | ||||||
11 | (4) On behalf of this State to take possession of, and | ||||||
12 | to acquire full title or a lesser specified interest in, | ||||||
13 | any personal property as may be necessary to accomplish | ||||||
14 | the objectives set forth in Section 2 of this Act, | ||||||
15 | including: airplanes, automobiles, trucks, trailers, | ||||||
16 | buses, and other vehicles; coal, oils, gasoline, and other | ||||||
17 | fuels and means of propulsion; explosives, materials, | ||||||
18 | equipment, and supplies; animals and livestock; feed and | ||||||
19 | seed; food and provisions for humans and animals; clothing | ||||||
20 | and bedding; and medicines and medical and surgical | ||||||
21 | supplies; and to take possession of and for a limited | ||||||
22 | period occupy and use any real estate necessary to | ||||||
23 | accomplish those objectives; but only upon the undertaking | ||||||
24 | by the State to pay just compensation therefor as in this | ||||||
25 | Act provided, and then only under the following | ||||||
26 | provisions: |
| |||||||
| |||||||
1 | a. The Governor, or the person or persons as the | ||||||
2 | Governor may authorize so to do, may forthwith take | ||||||
3 | possession of property for and on behalf of the State; | ||||||
4 | provided, however, that the Governor or persons shall | ||||||
5 | simultaneously with the taking, deliver to the owner | ||||||
6 | or his or her agent, if the identity of the owner or | ||||||
7 | agency is known or readily ascertainable, a signed | ||||||
8 | statement in writing, that shall include the name and | ||||||
9 | address of the owner, the date and place of the taking, | ||||||
10 | description of the property sufficient to identify it, | ||||||
11 | a statement of interest in the property that is being | ||||||
12 | so taken, and, if possible, a statement in writing, | ||||||
13 | signed by the owner, setting forth the sum that he or | ||||||
14 | she is willing to accept as just compensation for the | ||||||
15 | property or use. Whether or not the owner or agent is | ||||||
16 | known or readily ascertainable, a true copy of the | ||||||
17 | statement shall promptly be filed by the Governor or | ||||||
18 | the person with the Director, who shall keep the | ||||||
19 | docket of the statements. In cases where the sum that | ||||||
20 | the owner is willing to accept as just compensation is | ||||||
21 | less than $1,000, copies of the statements shall also | ||||||
22 | be filed by the Director with, and shall be passed upon | ||||||
23 | by an Emergency Management Claims Commission, | ||||||
24 | consisting of 3 disinterested citizens who shall be | ||||||
25 | appointed by the Governor, by and with the advice and | ||||||
26 | consent of the Senate, within 20 days after the |
| |||||||
| |||||||
1 | Governor's declaration of a disaster, and if the sum | ||||||
2 | fixed by them as just compensation be less than $1,000 | ||||||
3 | and is accepted in writing by the owner, then the State | ||||||
4 | Treasurer out of funds appropriated for these | ||||||
5 | purposes, shall, upon certification thereof by the | ||||||
6 | Emergency Management Claims Commission, cause the sum | ||||||
7 | so certified forthwith to be paid to the owner. The | ||||||
8 | Emergency Management Claims Commission is hereby given | ||||||
9 | the power to issue appropriate subpoenas and to | ||||||
10 | administer oaths to witnesses and shall keep | ||||||
11 | appropriate minutes and other records of its actions | ||||||
12 | upon and the disposition made of all claims. | ||||||
13 | b. When the compensation to be paid for the taking | ||||||
14 | or use of property or interest therein is not or cannot | ||||||
15 | be determined and paid under item a of this paragraph | ||||||
16 | (4), a petition in the name of The People of the State | ||||||
17 | of Illinois shall be promptly filed by the Director, | ||||||
18 | which filing may be enforced by mandamus, in the | ||||||
19 | circuit court of the county where the property or any | ||||||
20 | part thereof was located when initially taken or used | ||||||
21 | under the provisions of this Act praying that the | ||||||
22 | amount of compensation to be paid to the person or | ||||||
23 | persons interested therein be fixed and determined. | ||||||
24 | The petition shall include a description of the | ||||||
25 | property that has been taken, shall state the physical | ||||||
26 | condition of the property when taken, shall name as |
| |||||||
| |||||||
1 | defendants all interested parties, shall set forth the | ||||||
2 | sum of money estimated to be just compensation for the | ||||||
3 | property or interest therein taken or used, and shall | ||||||
4 | be signed by the Director. The litigation shall be | ||||||
5 | handled by the Attorney General for and on behalf of | ||||||
6 | the State. | ||||||
7 | c. Just compensation for the taking or use of | ||||||
8 | property or interest therein shall be promptly | ||||||
9 | ascertained in proceedings and established by judgment | ||||||
10 | against the State, that shall include, as part of the | ||||||
11 | just compensation so awarded, interest at the rate of | ||||||
12 | 6% per annum on the fair market value of the property | ||||||
13 | or interest therein from the date of the taking or use | ||||||
14 | to the date of the judgment; and the court may order | ||||||
15 | the payment of delinquent taxes and special | ||||||
16 | assessments out of the amount so awarded as just | ||||||
17 | compensation and may make any other orders with | ||||||
18 | respect to encumbrances, rents, insurance, and other | ||||||
19 | charges, if any, as shall be just and equitable. | ||||||
20 | (5) When required by the exigencies of the disaster, | ||||||
21 | to sell, lend, rent, give, or distribute all or any part of | ||||||
22 | property so or otherwise acquired to the inhabitants of | ||||||
23 | this State, or to political subdivisions of this State, | ||||||
24 | or, under the interstate mutual aid agreements or compacts | ||||||
25 | as are entered into under the provisions of subparagraph | ||||||
26 | (5) of paragraph (c) of Section 6 to other states, and to |
| |||||||
| |||||||
1 | account for and transmit to the State Treasurer all funds, | ||||||
2 | if any, received therefor. | ||||||
3 | (6) To recommend the evacuation of all or part of the | ||||||
4 | population from any stricken or threatened area within the | ||||||
5 | State if the Governor deems this action necessary. | ||||||
6 | (7) To prescribe routes, modes of transportation, and | ||||||
7 | destinations in connection with evacuation. | ||||||
8 | (8) To control ingress and egress to and from a | ||||||
9 | disaster area, the movement of persons within the area, | ||||||
10 | and the occupancy of premises therein. | ||||||
11 | (9) To suspend or limit the sale, dispensing, or | ||||||
12 | transportation of alcoholic beverages, firearms, | ||||||
13 | explosives, and combustibles. | ||||||
14 | (10) To make provision for the availability and use of | ||||||
15 | temporary emergency housing. | ||||||
16 | (11) A proclamation of a disaster shall activate the | ||||||
17 | State Emergency Operations Plan, and political subdivision | ||||||
18 | emergency operations plans applicable to the political | ||||||
19 | subdivision or area in question and be authority for the | ||||||
20 | deployment and use of any forces that the plan or plans | ||||||
21 | apply and for use or distribution of any supplies, | ||||||
22 | equipment, and materials and facilities assembled, | ||||||
23 | stockpiled , or arranged to be made available under this | ||||||
24 | Act or any other provision of law relating to disasters. | ||||||
25 | (12) Control, restrict, and regulate by rationing, | ||||||
26 | freezing, use of quotas, prohibitions on shipments, price |
| |||||||
| |||||||
1 | fixing, allocation , or other means, the use, sale , or | ||||||
2 | distribution of food, feed, fuel, clothing , and other | ||||||
3 | commodities, materials, goods, or services; and perform | ||||||
4 | and exercise any other functions, powers, and duties as | ||||||
5 | may be necessary to promote and secure the safety and | ||||||
6 | protection of the civilian population. | ||||||
7 | (13) During the continuance of any disaster the | ||||||
8 | Governor is commander-in-chief of the organized and | ||||||
9 | unorganized militia and of all other forces available for | ||||||
10 | emergency duty. To the greatest extent practicable, the | ||||||
11 | Governor shall delegate or assign authority to the | ||||||
12 | Director to manage, coordinate, and direct all resources | ||||||
13 | by orders issued at the time of the disaster. | ||||||
14 | (14) Prohibit increases in the prices of goods and | ||||||
15 | services during a disaster. | ||||||
16 | (Source: P.A. 102-485, eff. 8-20-21.) | ||||||
17 | (20 ILCS 3305/8) (from Ch. 127, par. 1058) | ||||||
18 | Sec. 8. Mobile support teams Support Teams . | ||||||
19 | (a) The Governor or Director may cause to be created | ||||||
20 | mobile support teams Mobile Support Teams to aid and to | ||||||
21 | reinforce the Illinois Emergency Management Agency, and | ||||||
22 | emergency services and disaster agencies in areas stricken by | ||||||
23 | disaster. Each mobile support team shall have a leader, | ||||||
24 | selected by the Director who will be responsible, under the | ||||||
25 | direction and control of the Director, for the organization, |
| |||||||
| |||||||
1 | administration, and training, and operation of the mobile | ||||||
2 | support team. | ||||||
3 | (b) Personnel of a mobile support team while on duty | ||||||
4 | pursuant to such a call or while engaged in regularly | ||||||
5 | scheduled training or exercises, whether within or without the | ||||||
6 | State, shall either: | ||||||
7 | (1) If they are paid employees of the State, have the | ||||||
8 | powers, duties, rights, privileges , and immunities and | ||||||
9 | receive the compensation incidental to their employment. | ||||||
10 | (2) If they are paid employees of a political | ||||||
11 | subdivision or body politic of this State, and whether | ||||||
12 | serving within or without that political subdivision or | ||||||
13 | body politic, have the powers, duties, rights, privileges , | ||||||
14 | and immunities, and receive the compensation incidental to | ||||||
15 | their employment. | ||||||
16 | (3) If they are not employees of the State, political | ||||||
17 | subdivision , or body politic, or being such employees, are | ||||||
18 | not normally paid for their services, be entitled to at | ||||||
19 | least one dollar per year compensation from the State. | ||||||
20 | Personnel of a mobile support team who suffer disease, | ||||||
21 | injury or death arising out of or in the course of emergency | ||||||
22 | duty, shall for the purposes of benefits under the Workers' | ||||||
23 | Compensation Act or Workers' Occupational Diseases Act only, | ||||||
24 | be deemed to be employees of this State. If the person | ||||||
25 | diseased, injured , or killed is an employee described in item | ||||||
26 | (3) above, the computation of benefits payable under either of |
| |||||||
| |||||||
1 | those Acts shall be based on income commensurate with | ||||||
2 | comparable State employees doing the same type of work or | ||||||
3 | income from the person's regular employment, whichever is | ||||||
4 | greater. | ||||||
5 | All personnel of mobile support teams shall, while on duty | ||||||
6 | under such call, be reimbursed by this State for all actual and | ||||||
7 | necessary travel and subsistence expenses. | ||||||
8 | (c) The State shall reimburse each political subdivision | ||||||
9 | or body politic from the Disaster Response and Recovery Fund | ||||||
10 | for the compensation paid and the actual and necessary travel, | ||||||
11 | subsistence , and maintenance expenses of paid employees of the | ||||||
12 | political subdivision or body politic while serving, outside | ||||||
13 | of its geographic geographical boundaries pursuant to such a | ||||||
14 | call, as members of a mobile support team, and for all payments | ||||||
15 | made for death, disease , or injury of those paid employees | ||||||
16 | arising out of and incurred in the course of that duty, and for | ||||||
17 | all losses of or damage to supplies and equipment of the | ||||||
18 | political subdivision or body politic resulting from the | ||||||
19 | operations. | ||||||
20 | (d) Whenever mobile support teams or units of another | ||||||
21 | state, while the Governor has the emergency powers provided | ||||||
22 | for under Section 7 of this Act, render aid to this State under | ||||||
23 | the orders of the Governor of its home state and upon the | ||||||
24 | request of the Governor of this State, all questions relating | ||||||
25 | to reimbursement by this State to the other state and its | ||||||
26 | citizens in regard to the assistance so rendered shall be |
| |||||||
| |||||||
1 | determined by the mutual aid agreements or interstate compacts | ||||||
2 | described in subparagraph (5) of paragraph (c) of Section 6 as | ||||||
3 | are existing at the time of the assistance rendered or are | ||||||
4 | entered into thereafter and under Section 303 (d) of the | ||||||
5 | Federal Civil Defense Act of 1950. | ||||||
6 | (e) No personnel of mobile support teams of this State may | ||||||
7 | be ordered by the Governor to operate in any other state unless | ||||||
8 | a request for the same has been made by the Governor or duly | ||||||
9 | authorized representative of the other state. | ||||||
10 | (Source: P.A. 98-465, eff. 8-16-13.) | ||||||
11 | (20 ILCS 3305/10) (from Ch. 127, par. 1060) | ||||||
12 | Sec. 10. Emergency services and disaster agencies Services | ||||||
13 | and Disaster Agencies . | ||||||
14 | (a) Each political subdivision within this State shall be | ||||||
15 | within the jurisdiction of and served by the Illinois | ||||||
16 | Emergency Management Agency and by an emergency services and | ||||||
17 | disaster agency responsible for emergency management programs. | ||||||
18 | A township, if the township is in a county having a population | ||||||
19 | of more than 2,000,000, must have approval of the county | ||||||
20 | coordinator before establishment of a township emergency | ||||||
21 | services and disaster agency. | ||||||
22 | (b) Unless multiple county emergency services and disaster | ||||||
23 | agency consolidation is authorized by the Illinois Emergency | ||||||
24 | Management Agency with the consent of the respective counties, | ||||||
25 | each county shall maintain an emergency services and disaster |
| |||||||
| |||||||
1 | agency that has jurisdiction over and serves the entire | ||||||
2 | county, except as otherwise provided under this Act and except | ||||||
3 | that in any county with a population of over 3,000,000 | ||||||
4 | containing a municipality with a population of over 500,000 | ||||||
5 | the jurisdiction of the county agency shall not extend to the | ||||||
6 | municipality when the municipality has established its own | ||||||
7 | agency. | ||||||
8 | (c) Each municipality with a population of over 500,000 | ||||||
9 | shall maintain an emergency services and disaster agency which | ||||||
10 | has jurisdiction over and serves the entire municipality. A | ||||||
11 | municipality with a population less than 500,000 may | ||||||
12 | establish, by ordinance, an agency or department responsible | ||||||
13 | for emergency management within the municipality's corporate | ||||||
14 | limits. | ||||||
15 | (d) The Governor shall determine which municipal | ||||||
16 | corporations, other than those specified in paragraph (c) of | ||||||
17 | this Section, need emergency services and disaster agencies of | ||||||
18 | their own and require that they be established and maintained. | ||||||
19 | The Governor shall make these determinations on the basis of | ||||||
20 | the municipality's disaster vulnerability and capability of | ||||||
21 | response related to population size and concentration. The | ||||||
22 | emergency services and disaster agency of a county or | ||||||
23 | township, shall not have a jurisdiction within a political | ||||||
24 | subdivision having its own emergency services and disaster | ||||||
25 | agency, but shall cooperate with the emergency services and | ||||||
26 | disaster agency of a city, village , or incorporated town |
| |||||||
| |||||||
1 | within their borders. The Illinois Emergency Management Agency | ||||||
2 | shall publish and furnish a current list to the municipalities | ||||||
3 | required to have an emergency services and disaster agency | ||||||
4 | under this subsection. | ||||||
5 | (e) Each municipality that is not required to and does not | ||||||
6 | have an emergency services and disaster agency shall have a | ||||||
7 | liaison officer designated to facilitate the cooperation and | ||||||
8 | protection of that municipal corporation with the county | ||||||
9 | emergency services and disaster agency in which it is located | ||||||
10 | in the work of disaster mitigation, preparedness, response, | ||||||
11 | and recovery. | ||||||
12 | (f) The principal executive officer or his or her designee | ||||||
13 | of each political subdivision in the State shall annually | ||||||
14 | notify the Illinois Emergency Management Agency of the manner | ||||||
15 | in which the political subdivision is providing or securing | ||||||
16 | emergency management, identify the executive head of the | ||||||
17 | agency or the department from which the service is obtained, | ||||||
18 | or the liaison officer in accordance with subsection (e), | ||||||
19 | paragraph (d) of this Section and furnish additional | ||||||
20 | information relating thereto as the Illinois Emergency | ||||||
21 | Management Agency requires. | ||||||
22 | (g) Each emergency services and disaster agency shall | ||||||
23 | prepare an emergency operations plan for its geographic | ||||||
24 | boundaries that complies with planning, review, and approval | ||||||
25 | standards promulgated by the Illinois Emergency Management | ||||||
26 | Agency. The Illinois Emergency Management Agency shall |
| |||||||
| |||||||
1 | determine which jurisdictions will be required to include | ||||||
2 | earthquake preparedness in their local emergency operations | ||||||
3 | plans. | ||||||
4 | (h) The emergency services and disaster agency shall | ||||||
5 | prepare and distribute to all appropriate officials in written | ||||||
6 | form a clear and complete statement of the emergency | ||||||
7 | responsibilities of all local departments and officials and of | ||||||
8 | the disaster chain of command. | ||||||
9 | (i) Each emergency services and disaster agency shall have | ||||||
10 | a Coordinator who shall be appointed by the principal | ||||||
11 | executive officer of the political subdivision in the same | ||||||
12 | manner as are the heads of regular governmental departments. | ||||||
13 | If the political subdivision is a county and the principal | ||||||
14 | executive officer appoints the sheriff as the Coordinator, the | ||||||
15 | sheriff may, in addition to his or her regular compensation, | ||||||
16 | receive additional compensation as provided for by the | ||||||
17 | political subdivision at the same level as provided in Section | ||||||
18 | 3-6037 of the Counties Code 3 of "An Act in relation to the | ||||||
19 | regulation of motor vehicle traffic and the promotion of | ||||||
20 | safety on public highways in counties", approved August 9, | ||||||
21 | 1951, as amended . The Coordinator shall have direct | ||||||
22 | responsibility for the organization, administration, training, | ||||||
23 | and operation of the emergency services and disaster agency, | ||||||
24 | subject to the direction and control of that principal | ||||||
25 | executive officer. Each emergency services and disaster agency | ||||||
26 | shall coordinate and may perform emergency management |
| |||||||
| |||||||
1 | functions within the territorial limits of the political | ||||||
2 | subdivision within which it is organized as are prescribed in | ||||||
3 | and by the State Emergency Operations Plan, and programs, | ||||||
4 | orders, rules , and regulations as may be promulgated by the | ||||||
5 | Illinois Emergency Management Agency and by local ordinance | ||||||
6 | and, in addition, shall conduct such functions outside of | ||||||
7 | those territorial limits as may be required under mutual aid | ||||||
8 | agreements and compacts as are entered into under subparagraph | ||||||
9 | (5) of paragraph (c) of Section 6. | ||||||
10 | (j) In carrying out the provisions of this Act, each | ||||||
11 | political subdivision may enter into contracts and incur | ||||||
12 | obligations necessary to place it in a position effectively to | ||||||
13 | combat the disasters as are described in Section 4, to protect | ||||||
14 | the health and safety of persons, to protect property, and to | ||||||
15 | provide emergency assistance to victims of those disasters. If | ||||||
16 | a disaster occurs, each political subdivision may exercise the | ||||||
17 | powers vested under this Section in the light of the | ||||||
18 | exigencies of the disaster and, excepting mandatory | ||||||
19 | constitutional requirements, without regard to the procedures | ||||||
20 | and formalities normally prescribed by law pertaining to the | ||||||
21 | performance of public work, entering into contracts, the | ||||||
22 | incurring of obligations, the employment of temporary workers, | ||||||
23 | the rental of equipment, the purchase of supplies and | ||||||
24 | materials, and the appropriation, expenditure, and disposition | ||||||
25 | of public funds and property. | ||||||
26 | (k) Volunteers who, while engaged in a disaster, an |
| |||||||
| |||||||
1 | exercise, training related to the emergency operations plan of | ||||||
2 | the political subdivision, or a search-and-rescue team | ||||||
3 | response to an occurrence or threat of injury or loss of life | ||||||
4 | that is beyond local response capabilities, suffer disease, | ||||||
5 | injury , or death, shall, for the purposes of benefits under | ||||||
6 | the Workers' Compensation Act or Workers' Occupational | ||||||
7 | Diseases Act only, be deemed to be employees of the State, if: | ||||||
8 | (1) the claimant is a duly qualified and enrolled (sworn in) as | ||||||
9 | a volunteer of the Illinois Emergency Management Agency or an | ||||||
10 | emergency services and disaster agency accredited by the | ||||||
11 | Illinois Emergency Management Agency, and (2) if: (i) the | ||||||
12 | claimant was participating in a disaster as defined in Section | ||||||
13 | 4 of this Act, (ii) the exercise or training participated in | ||||||
14 | was specifically and expressly approved by the Illinois | ||||||
15 | Emergency Management Agency prior to the exercise or training, | ||||||
16 | or (iii) the search-and-rescue team response was to an | ||||||
17 | occurrence or threat of injury or loss of life that was beyond | ||||||
18 | local response capabilities and was specifically and expressly | ||||||
19 | approved by the Illinois Emergency Management Agency prior to | ||||||
20 | the search-and-rescue team response. The computation of | ||||||
21 | benefits payable under either of those Acts shall be based on | ||||||
22 | the income commensurate with comparable State employees doing | ||||||
23 | the same type work or income from the person's regular | ||||||
24 | employment, whichever is greater. | ||||||
25 | Volunteers who are working under the direction of an | ||||||
26 | emergency services and disaster agency accredited by the |
| |||||||
| |||||||
1 | Illinois Emergency Management Agency, pursuant to a plan | ||||||
2 | approved by the Illinois Emergency Management Agency (i) | ||||||
3 | during a disaster declared by the Governor under Section 7 of | ||||||
4 | this Act, or (ii) in circumstances otherwise expressly | ||||||
5 | approved by the Illinois Emergency Management Agency, shall be | ||||||
6 | deemed exclusively employees of the State for purposes of | ||||||
7 | Section 8(d) of the Court of Claims Act, provided that the | ||||||
8 | Illinois Emergency Management Agency may, in coordination with | ||||||
9 | the emergency services and disaster agency, audit | ||||||
10 | implementation for compliance with the plan. | ||||||
11 | (l) If any person who is entitled to receive benefits | ||||||
12 | through the application of this Section receives, in | ||||||
13 | connection with the disease, injury , or death giving rise to | ||||||
14 | such entitlement, benefits under an Act of Congress or federal | ||||||
15 | program, benefits payable under this Section shall be reduced | ||||||
16 | to the extent of the benefits received under that other Act or | ||||||
17 | program. | ||||||
18 | (m) (1) Prior to conducting an exercise, the principal | ||||||
19 | executive officer of a political subdivision or his or her | ||||||
20 | designee shall provide area media with written notification of | ||||||
21 | the exercise. The notification shall indicate that information | ||||||
22 | relating to the exercise shall not be released to the public | ||||||
23 | until the commencement of the exercise. The notification shall | ||||||
24 | also contain a request that the notice be so posted to ensure | ||||||
25 | that all relevant media personnel are advised of the exercise | ||||||
26 | before it begins. |
| |||||||
| |||||||
1 | (2) During the conduct of an exercise, all messages, 2-way | ||||||
2 | two-way radio communications, briefings, status reports, news | ||||||
3 | releases, and other oral or written communications shall begin | ||||||
4 | and end with the following statement: "This is an exercise | ||||||
5 | message". | ||||||
6 | (Source: P.A. 94-733, eff. 4-27-06.) | ||||||
7 | (20 ILCS 3305/12) (from Ch. 127, par. 1062) | ||||||
8 | Sec. 12. Testing of disaster warning devices Disaster | ||||||
9 | Warning Devices . The testing of disaster warning devices | ||||||
10 | including outdoor warning sirens shall be held only on the | ||||||
11 | first Tuesday of each month at 10 o'clock in the morning or | ||||||
12 | during exercises that are specifically and expressly approved | ||||||
13 | in advance by the Illinois Emergency Management Agency. | ||||||
14 | (Source: P.A. 92-73, eff. 1-1-02.) | ||||||
15 | (20 ILCS 3305/14) (from Ch. 127, par. 1064) | ||||||
16 | Sec. 14. Communications. The Illinois Emergency Management | ||||||
17 | Agency shall ascertain what means exist for rapid and | ||||||
18 | efficient communications in times of disaster. The Illinois | ||||||
19 | Emergency Management Agency shall consider the desirability of | ||||||
20 | supplementing these communications resources or of integrating | ||||||
21 | them into a comprehensive State or State-Federal | ||||||
22 | telecommunications or other communications system or network. | ||||||
23 | In studying the character and feasibility of any system or its | ||||||
24 | several parts, the Illinois Emergency Management Agency shall |
| |||||||
| |||||||
1 | evaluate the possibility of multipurpose use thereof for | ||||||
2 | general State and political subdivision purposes. The Illinois | ||||||
3 | Emergency Management Agency may promulgate rules to establish | ||||||
4 | policies and procedures relating to telecommunications and the | ||||||
5 | continuation of rapid and efficient communications in times of | ||||||
6 | disaster to the extent authorized by any provision of this Act | ||||||
7 | or other laws and regulations. The Illinois Emergency | ||||||
8 | Management Agency shall make recommendations to the Governor | ||||||
9 | as appropriate. | ||||||
10 | (Source: P.A. 86-755; 87-168.) | ||||||
11 | (20 ILCS 3305/18) (from Ch. 127, par. 1068) | ||||||
12 | Sec. 18. Orders, rules, and regulations Rules and | ||||||
13 | Regulations . | ||||||
14 | (a) The Governor shall file a copy of every rule, | ||||||
15 | regulation , or order, and any amendment thereof made by the | ||||||
16 | Governor under the provisions of this Act in the office of the | ||||||
17 | Secretary of State. Upon No rule, regulation or order, or any | ||||||
18 | amendment thereof shall be effective until 10 days after the | ||||||
19 | filing, provided, however, that upon the declaration of a | ||||||
20 | disaster by the Governor as is described in Section 7 the | ||||||
21 | provision relating to the effective date of any rule, | ||||||
22 | regulation, order , or amendment issued under this Act and | ||||||
23 | during the state of disaster is abrogated, and the rule, | ||||||
24 | regulation, order , or amendment shall become effective | ||||||
25 | immediately upon being filed with the Secretary of State |
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1 | accompanied by a certificate stating the reason as required by | ||||||
2 | the Illinois Administrative Procedure Act. | ||||||
3 | (b) Every emergency services and disaster agency | ||||||
4 | established pursuant to this Act and the coordinators thereof | ||||||
5 | shall execute and enforce the orders, rules and regulations as | ||||||
6 | may be made by the Governor under authority of this Act. Each | ||||||
7 | emergency services and disaster agency shall have available | ||||||
8 | for inspection at its office all orders, rules , and | ||||||
9 | regulations made by the Governor, or under the Governor's | ||||||
10 | authority. The Illinois Emergency Management Agency shall | ||||||
11 | publish furnish on the Agency's Department's website the | ||||||
12 | orders, rules , and regulations to each such emergency services | ||||||
13 | and disaster agency . Upon the written request of an emergency | ||||||
14 | services and or disaster agency, copies thereof shall be | ||||||
15 | mailed to the emergency services and or disaster agency. | ||||||
16 | (Source: P.A. 98-44, eff. 6-28-13.) | ||||||
17 | (20 ILCS 3305/20) (from Ch. 127, par. 1070) | ||||||
18 | Sec. 20. Oath Emergency Management Agency; personnel; | ||||||
19 | oath . Each person, whether compensated or noncompensated, who | ||||||
20 | is appointed to serve in any capacity in the Illinois | ||||||
21 | Emergency Management Agency and Office of Homeland Security or | ||||||
22 | an emergency services and disaster agency, shall, before | ||||||
23 | entering upon his or her duties, take an oath, in writing, | ||||||
24 | before the Director or before the coordinator of that | ||||||
25 | emergency services and disaster agency or before other persons |
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1 | authorized to administer oaths in this State, which oath shall | ||||||
2 | be filed with the Director or with the coordinator of the | ||||||
3 | emergency services and disaster agency with which he or she | ||||||
4 | shall serve and which oath shall be substantially as follows: | ||||||
5 | "I, _______________, do solemnly swear (or affirm) that I | ||||||
6 | will support and defend and bear true faith and allegiance to | ||||||
7 | the Constitution of the United States and the Constitution of | ||||||
8 | the State of Illinois, and the territory, institutions and | ||||||
9 | facilities thereof, both public and private, against all | ||||||
10 | enemies, foreign and domestic; that I take this obligation | ||||||
11 | freely, without any mental reservation or purpose of evasion; | ||||||
12 | and that I will well and faithfully discharge the duties upon | ||||||
13 | which I am about to enter. And I do further swear (or affirm) | ||||||
14 | that I do not advocate, nor am I, nor have I been a member of | ||||||
15 | any political party or organization that advocates the | ||||||
16 | overthrow of the government of the United States or of this | ||||||
17 | State by force or violence; and that during such time as I am | ||||||
18 | affiliated with the (name of political subdivision), I will | ||||||
19 | not advocate nor become a member of any political party or | ||||||
20 | organization that advocates the overthrow of the government of | ||||||
21 | the United States or of this State by force or violence." | ||||||
22 | (Source: P.A. 92-73, eff. 1-1-02.) | ||||||
23 | (20 ILCS 3305/23) | ||||||
24 | (Section scheduled to be repealed on January 1, 2032) | ||||||
25 | Sec. 23. Access and Functional Needs Advisory Committee. |
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1 | (a) In this Section, "Advisory Committee" means the Access | ||||||
2 | and Functional Needs Advisory Committee. | ||||||
3 | (b) The Access and Functional Needs Advisory Committee is | ||||||
4 | created. | ||||||
5 | (c) The Advisory Committee shall: | ||||||
6 | (1) Coordinate meetings occurring, at a minimum, 3 | ||||||
7 | times each year, in addition to emergency meetings called | ||||||
8 | by the chairperson of the Advisory Committee. | ||||||
9 | (2) Research and provide recommendations for | ||||||
10 | identifying and effectively responding to the needs of | ||||||
11 | persons with access and functional needs before, during, | ||||||
12 | and after a disaster using an intersectional lens for | ||||||
13 | equity. | ||||||
14 | (3) Provide recommendations to the Illinois Emergency | ||||||
15 | Management Agency regarding how to ensure that persons | ||||||
16 | with a disability are included in disaster strategies and | ||||||
17 | emergency management plans, including updates and | ||||||
18 | implementation of disaster strategies and emergency | ||||||
19 | management plans. | ||||||
20 | (4) Review and provide recommendations for the | ||||||
21 | Illinois Emergency Management Agency, and all relevant | ||||||
22 | State agencies that are involved in drafting and | ||||||
23 | implementing the Illinois Emergency Operation Plan, to | ||||||
24 | integrate access and functional needs into State and local | ||||||
25 | emergency plans. | ||||||
26 | (d) The Advisory Committee shall be composed of the |
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1 | Director of the Illinois Emergency Management Agency or his or | ||||||
2 | her designee, the Attorney General or his or her designee, the | ||||||
3 | Secretary of Human Services or his or her designee, the | ||||||
4 | Director of Aging or his or her designee, and the Director of | ||||||
5 | Public Health or his or her designee, together with the | ||||||
6 | following members appointed by the Governor on or before | ||||||
7 | January 1, 2022: | ||||||
8 | (1) Two members, either from a municipal or | ||||||
9 | county-level emergency agency or a local emergency | ||||||
10 | management coordinator. | ||||||
11 | (2) Nine members from the community of persons with a | ||||||
12 | disability who represent persons with different types of | ||||||
13 | disabilities, including, but not limited to, individuals | ||||||
14 | with mobility and physical disabilities, hearing and | ||||||
15 | visual disabilities, deafness or who are hard of hearing, | ||||||
16 | blindness or who have low vision, mental health | ||||||
17 | disabilities, and intellectual or developmental | ||||||
18 | disabilities. Members appointed under this paragraph shall | ||||||
19 | reflect a diversity of age, gender, race, and ethnic | ||||||
20 | background. | ||||||
21 | (3) Four members who represent first responders from | ||||||
22 | different geographic geographical regions around the | ||||||
23 | State. | ||||||
24 | (e) Of those members appointed by the Governor, the | ||||||
25 | initial appointments of 6 members shall be for terms of 2 years | ||||||
26 | and the initial appointments of 5 members shall be for terms of |
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1 | 4 years. Thereafter, members shall be appointed for terms of 4 | ||||||
2 | years. A member shall serve until his or her successor is | ||||||
3 | appointed and qualified. If a vacancy occurs in the Advisory | ||||||
4 | Committee membership, the vacancy shall be filled in the same | ||||||
5 | manner as the original appointment for the remainder of the | ||||||
6 | unexpired term. | ||||||
7 | (f) After all the members are appointed, and annually | ||||||
8 | thereafter, they shall elect a chairperson from among the | ||||||
9 | members appointed under paragraph (2) of subsection (d). | ||||||
10 | (g) The initial meeting of the Advisory Committee shall be | ||||||
11 | convened by the Director of the Illinois Emergency Management | ||||||
12 | Agency no later than February 1, 2022. | ||||||
13 | (h) Advisory Committee members shall serve without | ||||||
14 | compensation. | ||||||
15 | (i) The Illinois Emergency Management Agency shall provide | ||||||
16 | administrative support to the Advisory Committee. | ||||||
17 | (j) The Advisory Committee shall prepare and deliver a | ||||||
18 | report to the General Assembly, the Governor's Office, and the | ||||||
19 | Illinois Emergency Management Agency by July 1, 2022, and | ||||||
20 | annually thereafter. The report shall include the following: | ||||||
21 | (1) Identification of core emergency management | ||||||
22 | services that need to be updated or changed to ensure the | ||||||
23 | needs of persons with a disability are met, and shall | ||||||
24 | include disaster strategies in State and local emergency | ||||||
25 | plans. | ||||||
26 | (2) Any proposed changes in State policies, laws, |
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1 | rules, or regulations necessary to fulfill the purposes of | ||||||
2 | this Act. | ||||||
3 | (3) Recommendations on improving the accessibility and | ||||||
4 | effectiveness of disaster and emergency communication. | ||||||
5 | (4) Recommendations on comprehensive training for | ||||||
6 | first responders and other frontline workers when working | ||||||
7 | with persons with a disability during emergency situations | ||||||
8 | or disasters, as defined in Section 4 of the Illinois | ||||||
9 | Emergency Management Agency Act . | ||||||
10 | (5) Any additional recommendations regarding emergency | ||||||
11 | management and persons with a disability that the Advisory | ||||||
12 | Committee deems necessary. | ||||||
13 | (k) The annual report prepared and delivered under | ||||||
14 | subsection (j) shall be annually considered by the Illinois | ||||||
15 | Emergency Management Agency when developing new State and | ||||||
16 | local emergency plans or updating existing State and local | ||||||
17 | emergency plans. | ||||||
18 | (l) The Advisory Committee is dissolved and this Section | ||||||
19 | is repealed on January 1, 2032. | ||||||
20 | (Source: P.A. 102-361, eff. 8-13-21; 102-671, eff. 11-30-21; | ||||||
21 | 103-154, eff. 6-30-23.) | ||||||
22 | (20 ILCS 3305/24 new) | ||||||
23 | Sec. 24. Illinois Homeland Security Advisory Council | ||||||
24 | (IL-HSAC). | ||||||
25 | (a) The Illinois Homeland Security Advisory Council |
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1 | (IL-HSAC) is hereby created. | ||||||
2 | (b) The IL-HSAC shall report directly to the Homeland | ||||||
3 | Security Advisor, who shall serve as the Chairperson. | ||||||
4 | (c) The Deputy Homeland Security Advisor shall serve as | ||||||
5 | Vice-Chair. | ||||||
6 | (d) The Homeland Security Advisor may appoint a Chair Pro | ||||||
7 | Tempore to oversee the daily operations and administrative | ||||||
8 | responsibilities of the IL-HSAC. | ||||||
9 | (e) The Homeland Security Advisor shall, with approval of | ||||||
10 | the Governor, modify the structure of the IL-HSAC as | ||||||
11 | appropriate and consistent with this Section. | ||||||
12 | (f) The IL-HSAC shall submit an annual report to the | ||||||
13 | Governor by March 1 of each year. The report shall detail the | ||||||
14 | activities, accomplishments, and recommendations of the | ||||||
15 | IL-HSAC in the preceding year. | ||||||
16 | (g) The Agency shall provide administrative support for | ||||||
17 | the IL-HSAC. | ||||||
18 | (h) Entities may be appointed to IL-HSAC with nomination | ||||||
19 | by the Homeland Security Advisor and approval by the Governor. | ||||||
20 | (i) The IL-HSAC shall have the following powers and | ||||||
21 | duties: | ||||||
22 | (1) The IL-HSAC shall serve as the State Advisory | ||||||
23 | Committee with respect to funds received through the | ||||||
24 | federal Homeland Security Grant Program. In that capacity, | ||||||
25 | the IL-HSAC shall provide recommendations to the Homeland | ||||||
26 | Security Advisor on issues related to the application for |
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1 | and use of all appropriate federal funding that relates to | ||||||
2 | preventing, protecting against, mitigating, responding to | ||||||
3 | and recovering from acts of terrorism and other threats. | ||||||
4 | (2) The IL-HSAC shall provide recommendations to the | ||||||
5 | Homeland Security Advisor on the following: | ||||||
6 | (A) appropriate training of local, regional, and | ||||||
7 | state officials to respond to terrorist incidents | ||||||
8 | involving conventional, chemical, biological, and | ||||||
9 | nuclear weapons; | ||||||
10 | (B) applications for and use of all appropriate | ||||||
11 | State and other funds as may be appropriate and | ||||||
12 | available relating to homeland security; | ||||||
13 | (C) public safety preparedness and mutual aid to | ||||||
14 | include strategies and tactics to coordinate | ||||||
15 | multi-agency response to significant events, such as | ||||||
16 | acts of terrorism or natural disasters, where | ||||||
17 | coordination of local, State, and private resources is | ||||||
18 | necessary; | ||||||
19 | (D) coordination of public safety resources and | ||||||
20 | combating terrorism in Illinois; and | ||||||
21 | (E) any changes needed in State statutes, | ||||||
22 | administrative rules, or in the Illinois Emergency | ||||||
23 | Operations Plan. | ||||||
24 | (20 ILCS 3305/25 new) | ||||||
25 | Sec. 25. Statewide Interoperability Coordinator. |
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1 | (a) The Statewide Interoperability Coordinator is hereby | ||||||
2 | created as a position within the Agency's Office of Homeland | ||||||
3 | Security. | ||||||
4 | (b) The duties and responsibilities of the Statewide | ||||||
5 | Interoperability Coordinator shall be as follows: | ||||||
6 | (1) The Statewide Interoperability Coordinator shall | ||||||
7 | serve as the central coordination point for the State's | ||||||
8 | communications interoperability and shall assist with | ||||||
9 | mediation between State and local agencies to achieve an | ||||||
10 | interoperable communications system. | ||||||
11 | (2) The Statewide Interoperability Coordinator shall | ||||||
12 | develop and disseminate best practices for public safety | ||||||
13 | communications interoperability. | ||||||
14 | (3) The Statewide Interoperability Coordinator shall | ||||||
15 | advise the Homeland Security Advisor and Deputy Director | ||||||
16 | of the Agency's Office of Homeland Security on public | ||||||
17 | safety communications interoperability. | ||||||
18 | (4) The Statewide Interoperability Coordinator shall | ||||||
19 | serve as a member of the Statewide Interoperability | ||||||
20 | Executive Committee or its successor entity and may act on | ||||||
21 | behalf of the Statewide Interoperability Executive | ||||||
22 | Committee. | ||||||
23 | (5) The Statewide Interoperability Coordinator shall | ||||||
24 | recommend regulatory changes relating to public safety | ||||||
25 | communications and interoperability activities in | ||||||
26 | partnership with 9-1-1 administrators, operators of |
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1 | statewide radio systems, emergency management | ||||||
2 | coordinators, and relevant State agencies. | ||||||
3 | (6) The Statewide Interoperability Coordinator shall | ||||||
4 | identify funding opportunities for planned | ||||||
5 | interoperability improvements and coordinate efforts to | ||||||
6 | provide funding. | ||||||
7 | (7) The Statewide Interoperability Coordinator shall | ||||||
8 | advise on the issuance of grants related to public safety | ||||||
9 | and for interoperability communication. | ||||||
10 | (8) The Statewide Interoperability Coordinator shall | ||||||
11 | engage stakeholders to coordinate the Statewide | ||||||
12 | Communications Interoperability Plan. | ||||||
13 | (9) The Statewide Interoperability Coordinator shall | ||||||
14 | represent the State in national, regional, and local | ||||||
15 | efforts to plan and implement changes needed to achieve | ||||||
16 | interoperability and continuity of communications for | ||||||
17 | emergency responders. | ||||||
18 | (10) The Statewide Interoperability Coordinator shall | ||||||
19 | develop and implement the strategic program for all public | ||||||
20 | safety communications and interoperability activities in | ||||||
21 | partnership with 9-1-1 administrators, operators of | ||||||
22 | statewide radio systems, emergency management | ||||||
23 | coordinators, and the State Administrative Agency. | ||||||
24 | Section 95. No acceleration or delay. Where this Act makes | ||||||
25 | changes in a statute that is represented in this Act by text |
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1 | that is not yet or no longer in effect (for example, a Section | ||||||
2 | represented by multiple versions), the use of that text does | ||||||
3 | not accelerate or delay the taking effect of (i) the changes | ||||||
4 | made by this Act or (ii) provisions derived from any other | ||||||
5 | Public Act.". |