SB1360 104TH GENERAL ASSEMBLY

LRB104 05139 RTM 15168 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1360

Introduced 1/28/2025, by Sen. Patrick J. Joyce

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.62 new
20 ILCS 2615/10
20 ILCS 3305/5

Amends the Illinois State Police Radio Act. In provisions about public safety radio interoperability, defines interoperability and includes legislative findings. Provides that the Illinois Statewide Interoperability Executive Committee (SIEC) shall oversee advisory boards in the governance, interoperability, and land mobile radio standards for Illinois' land mobile radio communications system and shall collaborate with the Office of the Statewide 9-1-1 Administrator and the Homeland Security Advisory Council to strengthen Illinois' emergency communications ecosystem. Modifies the membership of the SIEC. Provides that the advisory boards of the SIEC shall include, but are not limited to, the Governance Advisory Board, the Statewide Interoperability Advisory Board, and the STARCOM21 Advisory Board. Removes references to the STARCOM21 Oversight Committee. Requires the SIEC to adopt bylaws for its effective operation, as well as that of its advisory boards, and allows the SIEC to appoint advisors from the public safety communications community to serve on its advisory boards at the pleasure of the SIEC. Requires the SIEC to establish, no later than July 1, 2026, standards necessary to ensure land mobile radio equipment interoperates throughout Illinois; compliance with these standards shall be implemented as funding becomes available; planning, training, and evaluation standards necessary to enhance public safety communications operational readiness; and standards necessary for the unification of the Integrated Public Alert and Warning System statewide. Requires the SIEC to, no later than July 1, 2026, develop and recommend a plan to sustainably fund radio infrastructure, radio equipment, and interoperability statewide. Allows the Illinois State Police to use any money appropriated to it for the purpose promoting public safety radio interoperability if the use of the funds is consistent with any standards set forth by the SIEC and to adopt emergency rules or jointly adopt emergency rules with the Illinois Emergency Management Agency and Office of Homeland Security. Amends the Illinois Administrative Procedure Act and the Illinois Emergency Management Agency Act to make conforming changes. Effective July 1, 2025.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.62 as follows:

(5 ILCS 100/5-45.62 new)

Sec. 5-45.62. Emergency rulemaking; public safety radio interoperability grants. To provide for the expeditious and timely implementation of the changes made by this amendatory Act of the 104th General Assembly, emergency rules implementing the changes made by this amendatory Act of the 104th General Assembly may be adopted in accordance with Section 5-45 by the Illinois State Police and the Illinois Emergency Management Agency and Office of Homeland Security. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 104th General Assembly.

Section 10. The Illinois State Police Radio Act is amended by changing Section 10 as follows:

(20 ILCS 2615/10)

Sec. 10. Public safety radio interoperability.

(a) The General Assembly finds that:

(1) Reliable, timely communications among public safety responders and between public safety agencies and citizens is critical to effectively protect public safety in Illinois.

(2) Because of overlapping jurisdiction of public safety agencies and convergent coverage of public safety communications systems and networks, oversight regarding the interoperability of Illinois' land mobile radio communication systems is necessary and in the public interest.

(b) In this Section, "interoperability" means the ability of emergency response providers and relevant government officials to communicate across jurisdictions, disciplines, and levels of government as needed and as authorized.

(c) The Upon their establishment and thereafter, the Director of the Illinois State Police, or his or her designee, shall serve as the chairman of the Illinois Statewide Interoperability Executive Committee (SIEC). The SIEC shall oversee advisory boards in the governance, interoperability, and land mobile radio standards for Illinois' land mobile radio communications system and shall collaborate with the Office of the Statewide 9-1-1 Administrator and the Homeland Security Advisory Council to strengthen Illinois' emergency communications ecosystem and as the chairman of the STARCOM21 Oversight Committee. The Director or his or her designee, as chairman, may increase the size and makeup of the voting membership of the SIEC each committee when deemed necessary for improved public safety radio interoperability, but the voting membership of each committee must represent public safety users (police, fire, or EMS) and must, at a minimum, include the Statewide Interoperability Coordinator, the Statewide 9-1-1 Administrator, the Director of the Secretary of State Police or Director's designee, and at least one representative from each of the following, appointed by the Governor: an association representing Illinois fire chiefs, an association representing Illinois fire protection districts, the Office of the State Fire Marshal, an association representing Illinois chiefs of police, an association representing Illinois sheriffs, the Illinois State Police, the Illinois Emergency Management Agency and Office of Homeland Security, the Department of Public Health, the Department of Innovation and Technology, and the Department of Military Affairs representatives specified in this Section.

The advisory boards of the SIEC shall include, but are not limited to, the Governance Advisory Board, which shall be cochaired by the Statewide Interoperability Coordinator and the Director of the Illinois State Police or the Director's designee; the Statewide Interoperability Advisory Board, which shall be chaired by the Statewide Interoperability Coordinator; and the STARCOM21 Advisory Board, which shall be chaired by the Director of the Illinois State Police or the Director's designee. The members of the advisory boards STARCOM21 Oversight Committee must comprise public safety users accessing the system and shall include the Statewide Interoperability Coordinator. The members of the STARCOM21 Oversight Committee shall serve without compensation and may, at the call of the Chair, meet in person or remotely. The SIEC shall adopt bylaws for its effective operation, as well as that of its advisory boards, and may appoint advisors from the public safety communications community to serve on its advisory boards at the pleasure of the SIEC. The Illinois State Police shall provide administrative and other support to the SIEC and its advisory boards STARCOM21 Oversight Committee.

(d) The SIEC STARCOM21 Oversight Committee shall:

(1) no later than the July 1, 2026, establish:

(A) standards necessary to ensure land mobile radio equipment interoperates throughout Illinois. Compliance with these standards shall be implemented as funding becomes available;

(B) planning, training, and evaluation standards necessary to enhance public safety communications operational readiness; and

(C) standards necessary for the unification of the Integrated Public Alert and Warning System statewide review existing statutory law and make recommendations for legislative changes to ensure efficient, effective, reliable, and sustainable radio interoperability statewide;

(2) no later than July 1, 2026, develop and recommend a plan to sustainably fund radio infrastructure, radio equipment, and interoperability statewide make recommendations concerning better integration of the Integrated Public Alert and Warning System statewide; and

(3) annually review existing statutory law and make recommendations for legislative changes to ensure efficient, effective, reliable, and sustainable land mobile radio interoperability statewide develop a plan to sustainably fund radio infrastructure, radio equipment, and interoperability statewide.

(e) The Illinois State Police, subject to the approval of the SIEC, may use any money appropriated to it for the purpose of promoting public safety radio interoperability if the use of the funds is consistent with any standards set forth by the SIEC. The Illinois State Police may, on its own or jointly with the Illinois Emergency Management Agency and Office of Homeland Security, adopt emergency rules under the Illinois Administrative Procedure Act or any other rules necessary to implement the provisions of this Section.

The SIEC shall have at a minimum one representative from each of the following: the Illinois Fire Chiefs Association, the Rural Fire Protection Association, the Office of the State Fire Marshal, the Illinois Association of Chiefs of Police, the Illinois Sheriffs' Association, the Illinois State Police, the Illinois Emergency Management Agency, the Department of Public Health, and the Secretary of State Police (which representative shall be the Director of the Secretary of State Police or his or her designee).

(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)

Section 15. The Illinois Emergency Management Agency Act is amended by changing Section 5 as follows:

(20 ILCS 3305/5)

Sec. 5. Illinois Emergency Management Agency and Office of Homeland Security.

(a) There is created within the executive branch of the State Government an Illinois Emergency Management Agency and a Director of the Illinois Emergency Management Agency, herein called the "Director" who shall be the head thereof. The Director shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve for a term of 2 years beginning on the third Monday in January of the odd-numbered year, and until a successor is appointed and has qualified; except that the term of the first Director appointed under this Act shall expire on the third Monday in January, 1989. The Director shall not hold any other remunerative public office. For terms beginning after January 18, 2019 (the effective date of Public Act 100-1179) and before January 16, 2023, the annual salary of the Director shall be as provided in Section 5-300 of the Civil Administrative Code of Illinois. Notwithstanding any other provision of law, for terms beginning on or after January 16, 2023, the Director shall receive an annual salary of $180,000 or as set by the Governor, whichever is higher. On July 1, 2023, and on each July 1 thereafter, the Director shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.

For terms beginning on or after January 16, 2023, the Assistant Director of the Illinois Emergency Management Agency shall receive an annual salary of $156,600 or as set by the Governor, whichever is higher. On July 1, 2023, and on each July 1 thereafter, the Assistant Director shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly.

(b) The Illinois Emergency Management Agency shall obtain, under the provisions of the Personnel Code, technical, clerical, stenographic and other administrative personnel, and may make expenditures within the appropriation therefor as may be necessary to carry out the purpose of this Act. The agency created by this Act is intended to be a successor to the agency created under the Illinois Emergency Services and Disaster Agency Act of 1975 and the personnel, equipment, records, and appropriations of that agency are transferred to the successor agency as of June 30, 1988 (the effective date of this Act).

(c) The Director, subject to the direction and control of the Governor, shall be the executive head of the Illinois Emergency Management Agency and the State Emergency Response Commission and shall be responsible under the direction of the Governor, for carrying out the program for emergency management of this State. The Director shall also maintain liaison and cooperate with the emergency management organizations of this State and other states and of the federal government.

(d) The Illinois Emergency Management Agency shall take an integral part in the development and revision of political subdivision emergency operations plans prepared under paragraph (f) of Section 10. To this end it shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to the emergency services and disaster agencies. These personnel shall consult with emergency services and disaster agencies on a regular basis and shall make field examinations of the areas, circumstances, and conditions that particular political subdivision emergency operations plans are intended to apply.

(e) The Illinois Emergency Management Agency and political subdivisions shall be encouraged to form an emergency management advisory committee composed of private and public personnel representing the emergency management phases of mitigation, preparedness, response, and recovery. The Local Emergency Planning Committee, as created under the Illinois Emergency Planning and Community Right to Know Act, shall serve as an advisory committee to the emergency services and disaster agency or agencies serving within the boundaries of that Local Emergency Planning Committee planning district for:

(1) the development of emergency operations plan provisions for hazardous chemical emergencies; and

(2) the assessment of emergency response capabilities related to hazardous chemical emergencies.

(f) The Illinois Emergency Management Agency shall:

(1) Coordinate the overall emergency management program of the State.

(2) Cooperate with local governments, the federal government, and any public or private agency or entity in achieving any purpose of this Act and in implementing emergency management programs for mitigation, preparedness, response, and recovery.

(2.5) Develop a comprehensive emergency preparedness and response plan for any nuclear accident in accordance with Section 65 of the Nuclear Safety Law of 2004 and in development of the Illinois Nuclear Safety Preparedness program in accordance with Section 8 of the Illinois Nuclear Safety Preparedness Act.

(2.6) Coordinate with the Department of Public Health with respect to planning for and responding to public health emergencies.

(3) Prepare, for issuance by the Governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters.

(4) Promulgate rules and requirements for political subdivision emergency operations plans that are not inconsistent with and are at least as stringent as applicable federal laws and regulations.

(5) Review and approve, in accordance with Illinois Emergency Management Agency rules, emergency operations plans for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act.

(5.5) Promulgate rules and requirements for the political subdivision emergency management exercises, including, but not limited to, exercises of the emergency operations plans.

(5.10) Review, evaluate, and approve, in accordance with Illinois Emergency Management Agency rules, political subdivision emergency management exercises for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act.

(6) Determine requirements of the State and its political subdivisions for food, clothing, and other necessities in event of a disaster.

(7) Establish a register of persons with types of emergency management training and skills in mitigation, preparedness, response, and recovery.

(8) Establish a register of government and private response resources available for use in a disaster.

(9) Expand the Earthquake Awareness Program and its efforts to distribute earthquake preparedness materials to schools, political subdivisions, community groups, civic organizations, and the media. Emphasis will be placed on those areas of the State most at risk from an earthquake. Maintain the list of all school districts, hospitals, airports, power plants, including nuclear power plants, lakes, dams, emergency response facilities of all types, and all other major public or private structures which are at the greatest risk of damage from earthquakes under circumstances where the damage would cause subsequent harm to the surrounding communities and residents.

(10) Disseminate all information, completely and without delay, on water levels for rivers and streams and any other data pertaining to potential flooding supplied by the Division of Water Resources within the Department of Natural Resources to all political subdivisions to the maximum extent possible.

(11) Develop agreements, if feasible, with medical supply and equipment firms to supply resources as are necessary to respond to an earthquake or any other disaster as defined in this Act. These resources will be made available upon notifying the vendor of the disaster. Payment for the resources will be in accordance with Section 7 of this Act. The Illinois Department of Public Health shall determine which resources will be required and requested.

(11.5) In coordination with the Illinois State Police, develop and implement a community outreach program to promote awareness among the State's parents and children of child abduction prevention and response.

(12) Out of funds appropriated for these purposes, award capital and non-capital grants to Illinois hospitals or health care facilities located outside of a city with a population in excess of 1,000,000 to be used for purposes that include, but are not limited to, preparing to respond to mass casualties and disasters, maintaining and improving patient safety and quality of care, and protecting the confidentiality of patient information. No single grant for a capital expenditure shall exceed $300,000. No single grant for a non-capital expenditure shall exceed $100,000. In awarding such grants, preference shall be given to hospitals that serve a significant number of Medicaid recipients, but do not qualify for disproportionate share hospital adjustment payments under the Illinois Public Aid Code. To receive such a grant, a hospital or health care facility must provide funding of at least 50% of the cost of the project for which the grant is being requested. In awarding such grants the Illinois Emergency Management Agency shall consider the recommendations of the Illinois Hospital Association.

(13) Do all other things necessary, incidental or appropriate for the implementation of this Act.

(g) The Illinois Emergency Management Agency is authorized to make grants to various higher education institutions, public K-12 school districts, area vocational centers as designated by the State Board of Education, inter-district special education cooperatives, regional safe schools, and nonpublic K-12 schools for safety and security improvements. For the purpose of this subsection (g), "higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State. Grants made under this subsection (g) shall be paid out of moneys appropriated for that purpose from the Build Illinois Bond Fund. The Illinois Emergency Management Agency shall adopt rules to implement this subsection (g). These rules may specify: (i) the manner of applying for grants; (ii) project eligibility requirements; (iii) restrictions on the use of grant moneys; (iv) the manner in which the various higher education institutions must account for the use of grant moneys; and (v) any other provision that the Illinois Emergency Management Agency determines to be necessary or useful for the administration of this subsection (g).

(g-5) The Illinois Emergency Management Agency is authorized to make grants to not-for-profit organizations which are exempt from federal income taxation under section 501(c)(3) of the Federal Internal Revenue Code for eligible security improvements that assist the organization in preventing, preparing for, or responding to threats, attacks, or acts of terrorism. To be eligible for a grant under the program, the Agency must determine that the organization is at a high risk of being subject to threats, attacks, or acts of terrorism based on the organization's profile, ideology, mission, or beliefs. Eligible security improvements shall include all eligible preparedness activities under the federal Nonprofit Security Grant Program, including, but not limited to, physical security upgrades, security training exercises, preparedness training exercises, contracting with security personnel, and any other security upgrades deemed eligible by the Director. Eligible security improvements shall not duplicate, in part or in whole, a project included under any awarded federal grant or in a pending federal application. The Director shall establish procedures and forms by which applicants may apply for a grant and procedures for distributing grants to recipients. Any security improvements awarded shall remain at the physical property listed in the grant application, unless authorized by Agency rule or approved by the Agency in writing. The procedures shall require each applicant to do the following:

(1) identify and substantiate prior or current threats, attacks, or acts of terrorism against the not-for-profit organization;

(2) indicate the symbolic or strategic value of one or more sites that renders the site a possible target of a threat, attack, or act of terrorism;

(3) discuss potential consequences to the organization if the site is damaged, destroyed, or disrupted by a threat, attack, or act of terrorism;

(4) describe how the grant will be used to integrate organizational preparedness with broader State and local preparedness efforts, as described by the Agency in each Notice of Opportunity for Funding;

(5) submit (i) a vulnerability assessment conducted by experienced security, law enforcement, or military personnel, or conducted using an Agency-approved or federal Nonprofit Security Grant Program self-assessment tool, and (ii) a description of how the grant award will be used to address the vulnerabilities identified in the assessment; and

(6) submit any other relevant information as may be required by the Director.

The Agency is authorized to use funds appropriated for the grant program described in this subsection (g-5) to administer the program. Any Agency Notice of Opportunity for Funding, proposed or final rulemaking, guidance, training opportunity, or other resource related to the grant program must be published on the Agency's publicly available website, and any announcements related to funding shall be shared with all State legislative offices, the Governor's office, emergency services and disaster agencies mandated or required pursuant to subsections (b) through (d) of Section 10, and any other State agencies as determined by the Agency. Subject to appropriation, the grant application period shall be open for no less than 45 calendar days during the first application cycle each fiscal year, unless the Agency determines that a shorter period is necessary to avoid conflicts with the annual federal Nonprofit Security Grant Program funding cycle. Additional application cycles may be conducted during the same fiscal year, subject to availability of funds. Upon request, Agency staff shall provide reasonable assistance to any applicant in completing a grant application or meeting a post-award requirement.

In addition to any advance payment rules or procedures adopted by the Agency, the Agency shall adopt rules or procedures by which grantees under this subsection (g-5) may receive a working capital advance of initial start-up costs and up to 2 months of program expenses, not to exceed 25% of the total award amount, if, during the application process, the grantee demonstrates a need for funds to commence a project. The remaining funds must be paid through reimbursement after the grantee presents sufficient supporting documentation of expenditures for eligible activities.

(h) Except as provided in Section 17.5 of this Act, any moneys received by the Agency from donations or sponsorships unrelated to a disaster shall be deposited in the Emergency Planning and Training Fund and used by the Agency, subject to appropriation, to effectuate planning and training activities. Any moneys received by the Agency from donations during a disaster and intended for disaster response or recovery shall be deposited into the Disaster Response and Recovery Fund and used for disaster response and recovery pursuant to the Disaster Relief Act.

(i) The Illinois Emergency Management Agency may by rule assess and collect reasonable fees for attendance at Agency-sponsored conferences to enable the Agency to carry out the requirements of this Act. Any moneys received under this subsection shall be deposited in the Emergency Planning and Training Fund and used by the Agency, subject to appropriation, for planning and training activities.

(j) The Illinois Emergency Management Agency and Office of Homeland Security is authorized to make grants to other State agencies, public universities, units of local government, and statewide mutual aid organizations to enhance statewide emergency preparedness and response.

(k) Subject to appropriation from the Emergency Planning and Training Fund, the Illinois Emergency Management Agency and Office of Homeland Security shall obtain training services and support for local emergency services and support for local emergency services and disaster agencies for training, exercises, and equipment related to carbon dioxide pipelines and sequestration, and, subject to the availability of funding, shall provide $5,000 per year to the Illinois Fire Service Institute for first responder training required under Section 4-615 of the Public Utilities Act. Amounts in the Emergency Planning and Training Fund will be used by the Illinois Emergency Management Agency and Office of Homeland Security for administrative costs incurred in carrying out the requirements of this subsection. To carry out the purposes of this subsection, the Illinois Emergency Management Agency and Office of Homeland Security may accept moneys from all authorized sources into the Emergency Planning and Training Fund, including, but not limited to, transfers from the Carbon Dioxide Sequestration Administrative Fund and the Public Utility Fund.

(l) (k) The Agency shall do all other things necessary, incidental, or appropriate for the implementation of this Act, including the adoption of rules in accordance with the Illinois Administrative Procedure Act.

The Illinois Emergency Management Agency and Office of Homeland Security may make grants for the purpose of promoting public safety radio interoperability if the use of the funds is consistent with standards set forth by the Illinois Statewide Interoperability Executive Committee under Section 10 of the Illinois State Police Radio Act and may adopt such rules as necessary to implement these grants. In awarding grants for the purpose of promoting public safety radio interoperability, priority shall be given first to public safety agencies with jurisdiction in areas without land mobile radio communication interoperability.

(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. 1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999, eff. 1-1-25; revised 11-26-24.)

Section 99. Effective date. This Act takes effect July 1, 2025.